AOS Advice Given Trump EO

[US2UK 33]

Hi all,

 

I am a K-1 visa holder and married my USC spouse on April 11th. This week we are in the process of completing the forms and getting all the documents together. I understand that it would be advisable to file AOS papers immediately (i.e. today, given Trump's pending EO).  However, my husband doesn't have his 2019 tax return complete yet, his accountant said she would do it last week and we don't know how long until he gets the forms back. The other thing is the marriage certificate. We just spoke to the probate court and the earliest we can get it is in 5-7 days, as they're closed to the public and can only issue by mail.

 

Does anyone have advice on what we should do given that two major documents are missing and we won't be able to get them for a few days.

 

Thanks, and stay safe.

[FreyandRyan 330]

21 minutes ago, US2UK said:

Hi all,

 

I am a K-1 visa holder and married my USC spouse on April 11th. This week we are in the process of completing the forms and getting all the documents together. I understand that it would be advisable to file AOS papers immediately (i.e. today, given Trump's pending EO).  However, my husband doesn't have his 2019 tax return complete yet, his accountant said she would do it last week and we don't know how long until he gets the forms back. The other thing is the marriage certificate. We just spoke to the probate court and the earliest we can get it is in 5-7 days, as they're closed to the public and can only issue by mail.

 

Does anyone have advice on what we should do given that two major documents are missing and we won't be able to get them for a few days.

 

Thanks, and stay safe.

You’ll get a RFE if you submit it without the marriage certificate or possibly a rejection. Wait for it. 

Edited April 21, 2020 by FreyandRyan

[Crazy Cat 41,856]

30 minutes ago, US2UK said:

Hi all,

 

I am a K-1 visa holder and married my USC spouse on April 11th. This week we are in the process of completing the forms and getting all the documents together. I understand that it would be advisable to file AOS papers immediately (i.e. today, given Trump's pending EO).  However, my husband doesn't have his 2019 tax return complete yet, his accountant said she would do it last week and we don't know how long until he gets the forms back. The other thing is the marriage certificate. We just spoke to the probate court and the earliest we can get it is in 5-7 days, as they're closed to the public and can only issue by mail.

 

Does anyone have advice on what we should do given that two major documents are missing and we won't be able to get them for a few days.

 

Thanks, and stay safe.

I would not file without the marriage certificate.  It could result in an outright denial.......

[Ayrton 965]

52 minutes ago, US2UK said:

Hi all,

 

I am a K-1 visa holder and married my USC spouse on April 11th. This week we are in the process of completing the forms and getting all the documents together. I understand that it would be advisable to file AOS papers immediately (i.e. today, given Trump's pending EO).  However, my husband doesn't have his 2019 tax return complete yet, his accountant said she would do it last week and we don't know how long until he gets the forms back. The other thing is the marriage certificate. We just spoke to the probate court and the earliest we can get it is in 5-7 days, as they're closed to the public and can only issue by mail.

 

Does anyone have advice on what we should do given that two major documents are missing and we won't be able to get them for a few days.

 

Thanks, and stay safe.

Trump wants to pause immigration INTO the US. 

 

You are already IN THE US, so AOS shouldn't be affected, for now.

 

Anyway, he didn't sign anything yet.

 

Not sending a marriage certificate won't give you a RFE, will give you a straight DENIAL.

 

You can send 2018 taxes. 2019 taxes were pushed back, so it shouldn't be required now. If they do require, then they will send an RFE for that.

[Bjh 39]

3 hours ago, US2UK said:

Hi all,

 

I am a K-1 visa holder and married my USC spouse on April 11th. This week we are in the process of completing the forms and getting all the documents together. I understand that it would be advisable to file AOS papers immediately (i.e. today, given Trump's pending EO).  However, my husband doesn't have his 2019 tax return complete yet, his accountant said she would do it last week and we don't know how long until he gets the forms back. The other thing is the marriage certificate. We just spoke to the probate court and the earliest we can get it is in 5-7 days, as they're closed to the public and can only issue by mail.

 

Does anyone have advice on what we should do given that two major documents are missing and we won't be able to get them for a few days.

 

Thanks, and stay safe.

I believe Trump's EO draft made an exception for spouses.

As others have said, don't send in the AOS without the marriage certificate because it will lead to a rejection and delay you further, and you can use the 2018 tax return.

[US2UK 33]

I’m also a bit concerned because I saw that 70% of green card applications are family based and a majority of those are for spouses. I’m not sure how other visas work but H1B holders already have jobs, so green card application wont impact competition for jobs?

 

So if the EO doesn’t impact spouses then will it have any major impact at all? 😞 I worry that it will target us after all. But maybe I’m thinking into it too much!

[Bjh 39]

52 minutes ago, US2UK said:

I’m also a bit concerned because I saw that 70% of green card applications are family based and a majority of those are for spouses. I’m not sure how other visas work but H1B holders already have jobs, so green card application wont impact competition for jobs?

 

So if the EO doesn’t impact spouses then will it have any major impact at all? 😞 I worry that it will target us after all. But maybe I’m thinking into it too much!

https://www.dhs.gov/immigration-statistics/yearbook/2018/table9

In fiscal year 2018, about 44% of those obtaining green cards did so as immediate relatives of US citizens (spouses, unmarried children, and parents).

 

https://www.dhs.gov/immigration-statistics/yearbook/2018/table7

About 56% of these immediate relatives were indeed spouses, so yes, the majority of immediate relatives adjusting status were spouses as you said. However, this only makes up only about 25%, or a quarter of all those obtaining green cards total.

 

So I think we may be safe...

Edited April 22, 2020 by Bjh

[US2UK 33]

10 minutes ago, Bjh said:

https://www.dhs.gov/immigration-statistics/yearbook/2018/table9

In fiscal year 2018, about 44% of those obtaining green cards did so as immediate relatives of US citizens (spouses, unmarried children, and parents).

 

https://www.dhs.gov/immigration-statistics/yearbook/2018/table7

About 56% of these immediate relatives were indeed spouses, so yes, the majority of immediate relatives adjusting status were spouses as you said. However, this only makes up only about 25%, or a quarter of all those obtaining green cards total.

 

So I think we may be safe...

Thanks so much. This goes a long way in helping me calm my nerves. Let’s see what happens. 
 

what stage are you in?

[Bjh 39]

Just now, US2UK said:

Thanks so much. This goes a long way in helping me calm my nerves. Let’s see what happens. 
 

what stage are you in?

Adjusting status after marrying with fiancee, now wife, within 90 days of her arrival. We are hitting a ton of road blocks because of the I-944...

[US2UK 33]

1 minute ago, Bjh said:

Adjusting status after marrying with fiancee, now wife, within 90 days of her arrival. We are hitting a ton of road blocks because of the I-944...

Because of all the evidence required?

 

i had been starting to gather that the last few days and it’s a lot!

[Bjh 39]

10 minutes ago, US2UK said:

Because of all the evidence required?

 

i had been starting to gather that the last few days and it’s a lot!

Yeah, and I didn't read the instructions super thoroughly, I sent my wife's high school transcript and diploma w/ certified translations but not an assessment of educational equivalency to US high schools, they also needed her Portuguese, Spanish and English classes listed under "language certifications," there were also some spots I left blank (some by accident, some I didn't think needed anything in them), so they may very well reject it again on that basis. As if it wasn't enough of a pain to get her credit report and score...I guess all we can do is try to fix the mistakes and apply again...

Edited April 22, 2020 by Bjh

[weelisa 15]

8 hours ago, US2UK said:

Hi all,

 

I am a K-1 visa holder and married my USC spouse on April 11th. This week we are in the process of completing the forms and getting all the documents together. I understand that it would be advisable to file AOS papers immediately (i.e. today, given Trump's pending EO).  However, my husband doesn't have his 2019 tax return complete yet, his accountant said she would do it last week and we don't know how long until he gets the forms back. The other thing is the marriage certificate. We just spoke to the probate court and the earliest we can get it is in 5-7 days, as they're closed to the public and can only issue by mail.

 

Does anyone have advice on what we should do given that two major documents are missing and we won't be able to get them for a few days.

 

Thanks, and stay safe.

Hi. You should definitely wait for the marriage certificate unfortunately. I'm in the same boat - we got married in March, but I was completely thrown by the i-944 and it took forever to get everything together. Then USCIS returned our whole package last week for no reason, as far as we could see. We sent them back yesterday by priority mail, but who knows what's going to happen to those of us already in the US but in AoS limbo. 

[Diane and Chris 651]

14 hours ago, US2UK said:

I’m also a bit concerned because I saw that 70% of green card applications are family based and a majority of those are for spouses. I’m not sure how other visas work but H1B holders already have jobs, so green card application wont impact competition for jobs?

 

So if the EO doesn’t impact spouses then will it have any major impact at all? 😞 I worry that it will target us after all. But maybe I’m thinking into it too much!

I don’t understand your worries. You’re already here (although your timeline doesn’t indicate your entry) and married. At this point, you will not be deported. Just file your paperwork for AOS in a timely manner and you’re good to go. Congratulations on your marriage!  

[US2UK 33]

9 minutes ago, Diane and Chris said:

I don’t understand your worries. You’re already here (although your timeline doesn’t indicate your entry) and married. At this point, you will not be deported. Just file your paperwork for AOS in a timely manner and you’re good to go. Congratulations on your marriage!  

Thanks so much for the encouragement! I pray this EO doesn't impact spouses when it's announced. In the mean time I am continuing to get my AOS documents ready. PS I'm also in Georgia!! 🙂 What did you do about driving licence? Did they allow you to swap yours out for a Georgia one, or did you have to take the tests from scratch etc?

12 hours ago, Murphy1994 said:

I wasn’t able to get an education equivalency report because the company doing them shut due to COVID. I sent my online university transcripts as well as a screenshot of the website saying they’re shut. I got my NOA-1 this week, I’m expecting an RFE for it at some point but they shouldn’t outright reject your application/send it back because of it.

 

I'll do the same - thanks for the info! I also have my university transcripts online but the GCSE and A-level certificate companies are closed 😞 I actually have the documents at home in a locked file safe, I'm going to ask my dad to try and break in haha!

[Ontarkie 14,223]

~~A number of posts removed, from derailing. Lets keep this thread specific to the AOS process questions. Posts for the Pause on migration please take it to the thread below.~~