January 2025 AOS Filers

[Rachel n Tyler 125]

9 minutes ago, OldUser said:

One caveat, I-131 form includes all sort of cases and doesn't differentiate timeline for various documents:

 

- Advance parole

- Re-entry permit

- Refugee travel document

- TPS travel document

 

 

So the timeline is aggregated for all sort of cases.

 

If you want to have insurance policy, apply for I-131. You may never get it or need it, but if your close ones get sick back home, you won't be able to leave without advance parole, without abandoning your AOS and getting a entry ban.

 

In my case (pre-Covid), AP took 5.5 months, I-485 took 8.5 months, but I never used AP. In fact, it was a combo EAD / AP card and I used EAD only.

They do have it split between AP and re entry/refugee travel. The last one is only done in Nebraska and have an average of 14.5 months. That's why I feel like the 21.5 month is probably pretty accurate.


Also quick question. For the G-1450, do I put my name at the top for applicant's/Petitioner/Requester's Information even if my husband's card is getting used?

[OldUser 7,978]

Just now, Rachel n Tyler said:

They do have it split between AP and re entry/refugee travel. The last one is only done in Nebraska and have an average of 14.5 months. That's why I feel like the 21.5 month is probably pretty accurate.
 

Nice. These stats get updated all the time. For example, not so long ago I-751 used to show breakdown by service centers but not anymore...

 

[Edward and Jaycel 835]

7 minutes ago, Rachel n Tyler said:

Also quick question. For the G-1450, do I put my name at the top for applicant's/Petitioner/Requester's Information even if my husband's card is getting used?

Yes... Your husband's mame goes below that in the Credit Card Billing Info and you put his name exactly as it appears on the card

[Rachel n Tyler 125]

4 minutes ago, Edward and Jaycel said:

Yes... Your husband's mame goes below that in the Credit Card Billing Info and you put his name exactly as it appears on the card

Alright thanks. I think we messed that one up on the previous filing too LOL. My husband filled it in at the time, so lord knows...

All done with redoing everything, now scanning everything in (listening to your advice) and then probably send it off tomorrow!!! Fixed 3 mistakes lol

[Edward and Jaycel 835]

Just thought of something while I was looking at the I-485 and would like the opinion of some of the more experienced members here  @K1visaHopeful @Ontarkie @OldUser @Crazy Cat - For these folks that are now resubmitting after their rejections and are now past the 90 day mark, on the I-485 Part 9. General Eligibility and Inadmissibility Grounds, should they answer "Yes" to questions 13 & 76?

13. Have you EVER violated the terms or conditions of your nonimmigrant status?

 

76. Since April 1, 1997, have you been unlawfully present in the United States? You were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security (DHS) Secretary or were present in the United States without being admitted or paroled.

[Rachel n Tyler 125]

8 minutes ago, Edward and Jaycel said:

Just thought of something while I was looking at the I-485 and would like the opinion of some of the more experienced members here  @K1visaHopeful @Ontarkie @OldUser @Crazy Cat - For these folks that are now resubmitting after their rejections and are now past the 90 day mark, on the I-485 Part 9. General Eligibility and Inadmissibility Grounds, should they answer "Yes" to questions 13 & 76?

13. Have you EVER violated the terms or conditions of your nonimmigrant status?

 

76. Since April 1, 1997, have you been unlawfully present in the United States? You were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security (DHS) Secretary or were present in the United States without being admitted or paroled.

I think filing for AOS within the 90 days is not a part of the conditions/terms. Everywhere I look it just states you have to marry within the 90 days and that's it

[OldUser 7,978]

7 minutes ago, Rachel n Tyler said:

I think filing for AOS within the 90 days is not a part of the conditions/terms. Everywhere I look it just states you have to marry within the 90 days and that's it

Are you sure you're not an immigration lawyer? 😃

 

You made a good point.

[Edward and Jaycel 835]

4 minutes ago, Rachel n Tyler said:

I think filing for AOS within the 90 days is not a part of the conditions/terms. Everywhere I look it just states you have to marry within the 90 days and that's it

Yes... but those questions are not asking that. They are asking if you ever violated the terns of your nonimmigrant status and if you have been unlawfully present. I'm not sure if USCIS considers the time here after the 90 days allowed by the K-1 and before you file a violation of the terms of the nonimmigrant status and acccruing unlawful status. That's why I tagged the more experienced users  

[OldUser 7,978]

5 minutes ago, Edward and Jaycel said:

Yes... but those questions are not asking that. They are asking if you ever violated the terns of your nonimmigrant status and if you have been unlawfully present. I'm not sure if USCIS considers the time here after the 90 days allowed by the K-1 and before you file a violation of the terms of the nonimmigrant status and acccruing unlawful status. That's why I tagged the more experienced users  

Curious to learn what the opinions are. I'm not 100% sure what I'd put in this answer. Saying "yes" and describing that you didn't file for adjustment on time is unlikely going to hurt, because any overstay is forgiven. At the same time, technically, K-1 is for marrying and you did that.

Edited 11 hours ago by OldUser

[Rachel n Tyler 125]

Yeah I can't find anything in the 485 instructions either. Only thing it mentions is 'K-1 principals who marry their U.S. citizen I-129F petitioners within the requisite 90-day period after admission to the United States in K-1 status, and their K-2 children always have an immigrant visa immediately available, and therefore, can file Form I-485 as soon as the K-1 principal has married the U.S. citizen.' 

[Edward and Jaycel 835]

6 minutes ago, OldUser said:

Curious to learn what the opinions are. I'm not 100% sure what I'd put in this answer. Saying "yes" and describing that you didn't file for adjustment on time is unlikely going to hurt, because any overstay is forgiven. At the same time, technically, K-1 is for marrying and you did that.

 

Yeah, as I was reading those questions, I was like "If we were filing Jaycel's package after the 90 days, how would I answer?" And I wasn't sure....  And yes thankfully, any unauthorized stay is forgiven

[Rachel n Tyler 125]

1 minute ago, Edward and Jaycel said:

 

Yeah, as I was reading those questions, I was like "If we were filing Jaycel's package after the 90 days, how would I answer?" And I wasn't sure....  And yes thankfully, any unauthorized stay is forgiven

Technically we're all overstaying until the 485 is accepted, so I don't think they'd care too much. And if they did, I'm sure we would've heard it by now. I did scan in my rejection notices to show we filed our first AOS on time, if needed

[K1visaHopeful 2,897]

46 minutes ago, Edward and Jaycel said:

Just thought of something while I was looking at the I-485 and would like the opinion of some of the more experienced members here  @K1visaHopeful @Ontarkie @OldUser @Crazy Cat - For these folks that are now resubmitting after their rejections and are now past the 90 day mark, on the I-485 Part 9. General Eligibility and Inadmissibility Grounds, should they answer "Yes" to questions 13 & 76?

13. Have you EVER violated the terms or conditions of your nonimmigrant status?

Yes. Explain in additional info section why you answered yes. 

46 minutes ago, Edward and Jaycel said:

76. Since April 1, 1997, have you been unlawfully present in the United States? You were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security (DHS) Secretary or were present in the United States without being admitted or paroled.

Yes. Ditto as above. 

 

But your unauthorized stay is forgiven. 

[Rachel n Tyler 125]

1 minute ago, K1visaHopeful said:

Yes. Explain in additional info section why you answered yes. 

Yes. Ditto as above. 

 

But your unauthorized stay is forgiven. 

Ah #######.

[Edward and Jaycel 835]

Thanks for weighing in @K1visaHopeful Sorry guys.... didn't want this to caome back and bite you all later