filing 130 AOS

[beloved_dingo 1,976]

14 minutes ago, Freeegg said:

its good to have a place to ask these questions.  I tired a local attorney a while back and he told me not to file until i was married three months?  i understand that there is a ban on getting married too soon.  

 

regardless,  i appreciate the help.  

 

One more question.  I was told that it looks unfavorable if she is here more then 6 months before I file this paperwork.  Which date counts as when it is filed?  the day USCIS receives the paperwork?  SO of course Ill send it certified.  

 

we didn't plan on marriage until i received an increase in income that happened recently; otherwise, i would have done these things before and wouldn't be pushing deadlines. 

1. Absolutely incorrect. That lawyer is wrong and you should disregard what they said. There is no value in waiting to file the paperwork! All you do is lose time on an already lengthy process. 

2. How long she has been here is literally irrelevant. And she's already been here 5 months anyway. It is better to file while she is still "in status" though. FILE ASAP AFTER MARRIAGE - that is the only thing you should be listening to as far as timing. 

3. It is counted as filed when it is received. Sometimes the date on the receipt notice may be a day or two after it was delivered. Send it with whatever fast, tracked shipping option you are most comfortable with. The receipt notice for the I-485 grants her "authorized stay" while it is pending. 

 

Another thing relative to several of your posts: USCIS doesn't expect newlyweds to have a bunch of evidence of marriage. Having the marriage certificate, photos/proof of the wedding/ceremony, etc. are what is expected. There are a few things you may be able to do very quickly though, to bolster or "front load" your petition:

• Add her as an authorized user on a credit card or two. Send the confirmation/print out showing that she is now an AU.
• See if you can get your employer to add her to your work health insurance ASAP. They do not need an SSN but some employers push back on that.
• Add her to you bank account and ask the bank to print out a letter confirming the joint account status + the date she was added. 

Then, once you get an AOS interview, you bring ALL OTHER EVIDENCE of marriage that you have accumulated since you filed. You should have quite a lot more after a year+ of marriage than when you've only been married a week.

Edited March 16, 2023 by beloved_dingo

[Freeegg 0]

1 hour ago, beloved_dingo said:

1. Absolutely incorrect. That lawyer is wrong and you should disregard what they said. There is no value in waiting to file the paperwork! All you do is lose time on an already lengthy process. 

2. How long she has been here is literally irrelevant. And she's already been here 5 months anyway. It is better to file while she is still "in status" though. FILE ASAP AFTER MARRIAGE - that is the only thing you should be listening to as far as timing. 

3. It is counted as filed when it is received. Sometimes the date on the receipt notice may be a day or two after it was delivered. Send it with whatever fast, tracked shipping option you are most comfortable with. The receipt notice for the I-485 grants her "authorized stay" while it is pending. 

 

Another thing relative to several of your posts: USCIS doesn't expect newlyweds to have a bunch of evidence of marriage. Having the marriage certificate, photos/proof of the wedding/ceremony, etc. are what is expected. There are a few things you may be able to do very quickly though, to bolster or "front load" your petition:

• Add her as an authorized user on a credit card or two. Send the confirmation/print out showing that she is now an AU.
• See if you can get your employer to add her to your work health insurance ASAP. They do not need an SSN but some employers push back on that.
• Add her to you bank account and ask the bank to print out a letter confirming the joint account status + the date she was added. 

Then, once you get an AOS interview, you bring ALL OTHER EVIDENCE of marriage that you have accumulated since you filed. You should have quite a lot more after a year+ of marriage than when you've only been married a week.

Awesome.   Im not sure if you know this answer but I get paid on the first of the month- this month it will be the 31 of March.  My check wouldn't clear till that date. if I sent it to arrive on the 31st and sent it certified would that be ok or would they wait and and tamp it received the next week and then Im late?  I used to work for the Fed so I know we used to use the received date as the date of record (treasury).  Wish i would have planned better but here i am.   thanks again and so much for your time, 

[SalishSea 17,809]

On 3/16/2023 at 12:52 PM, Freeegg said:

Awesome.   Im not sure if you know this answer but I get paid on the first of the month- this month it will be the 31 of March.  My check wouldn't clear till that date. if I sent it to arrive on the 31st and sent it certified would that be ok or would they wait and and tamp it received the next week and then Im late?  I used to work for the Fed so I know we used to use the received date as the date of record (treasury).  Wish i would have planned better but here i am.   thanks again and so much for your time, 

I do not recommend post-dating any payments to USCIS.  We have seen people get burned by that, and USCIS will reject the entire package.

 

Send the payment when you have the money in your bank.

[OldUser 6,614]

1 minute ago, Jorgedig said:

I do not recommend post-dating any payments to USCIS.  We have seen people get burned by that, and USCIS will reject the entire package.

 

Send the payment when you have the money in your bank.

Agree on this one. Ideally @Freeegg either has savings or ability to borrow money to file ASAP so the packet arrives at USCIS before end of March. If this is impossible, you'd be filing late, which would make your spouse out of status at the moment of adjustment. It will be forgiven if AOS is approved. However it may be another negative factor during AOS interview and it will pose issues if she decides to travel outside of US with Advance Parole. Once she receives Green Card, her out of status wouldn't be a barrier to international travel.

[Freeegg 0]

37 minutes ago, OldUser said:

Agree on this one. Ideally @Freeegg either has savings or ability to borrow money to file ASAP so the packet arrives at USCIS before end of March. If this is impossible, you'd be filing late, which would make your spouse out of status at the moment of adjustment. It will be forgiven if AOS is approved. However it may be another negative factor during AOS interview and it will pose issues if she decides to travel outside of US with Advance Parole. Once she receives Green Card, her out of status wouldn't be a barrier to international travel.

I can get it sent so it will arrive on the 31st.  Then I’ll have proof they got it that day. 

[OldUser 6,614]

10 minutes ago, Freeegg said:

I can get it sent so it will arrive on the 31st.  Then I’ll have proof they got it that day. 

What date is her status up?

[Freeegg 0]

Just now, OldUser said:

What date is her status up?

I think April 2

[OldUser 6,614]

7 minutes ago, Freeegg said:

I think April 2

That's very close. You're getting in the grey area. Some people's AOS and extensions of status failed because they filed too close. Some of their applications were denied even though they sent things before the deadline. Their packets reached right before the deadline, but sometimes it takes USCIS 3-5 business days to actually mark your packet as received. And then USCIS the days they received application to determine whether it was filed late. This contradicts their own manuals, but they're known for making mistakes. Those cases are not related to marriage to US citizen.

 

In your case, it wouldn't be a big issue, since the overstay (if they think your wife overstayed) is forgiven regardless. It's just, in ideal world you would have done it like a week ago at least.

 

Good luck, let us know how it goes.

Edited March 17, 2023 by OldUser

[Freeegg 0]

3 minutes ago, OldUser said:

That's very close. You're getting in the gray area. Some people's AOS and extensions of status failed because they filed too close. Some of their applications were denied even though they sent things before the deadline. Their packets reached right before the deadline, but sometimes it takes USCIS 3-5 business days to actually mark your packet as received. And then USCIS the days they received application to determine whether it was filed late. This contradicts their own manuals, but they're known for making mistakes.

 

In your case, it wouldn't be a big issue, since the overstay (if they think your wife overstayed) is forgiven regardless. It's just, in ideal world you would have done it like a week ago at least.

 

Good luck, let us know how it goes.

And this is all based off of the date the 485 is filed.  Not the 130?  Cause I can do the 130 online. 

[OldUser 6,614]

27 minutes ago, Freeegg said:

And this is all based off of the date the 485 is filed.  Not the 130?  Cause I can do the 130 online. 

Yes, based on I-485.

[Freeegg 0]

1 hour ago, OldUser said:

Yes, based on I-485.

Guess I’ll see where my account is that date. I’ll have it arrive Thursday the 30th. Surely that would be ok.  Never had a check clear sane day. Except my landlord or cashes it at my bank😅

[Freeegg 0]

On 3/17/2023 at 6:30 PM, OldUser said:

Yes, based on I-485.

I have a question on the 485 we are working on for my Fiancé.  It is looking for address history.  She maintains a home in her home country but has been staying with me during her visit.  Am i correct to think that we will use my address in the US only after we are married (even thought she has stayed there a few months).  

[OldUser 6,614]

57 minutes ago, Freeegg said:

I have a question on the 485 we are working on for my Fiancé.  It is looking for address history.  She maintains a home in her home country but has been staying with me during her visit.  Am i correct to think that we will use my address in the US only after we are married (even thought she has stayed there a few months).  

Maybe others can advice. My situation on AOS was different. I put my US addresses in history since I already had leases before AOS.

 

 

[Freeegg 0]

On 3/17/2023 at 6:30 PM, OldUser said:

Yes, based on I-485.

Hi Old user- can you input on some of the other questions I have posted (different threads) if you have any insight?  thanks a lot for all the help.