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littlekiwi

Adjustment of status in Dallas?

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Hi,

We are currently considering applying for an AoS rather than me returning to NZ to await consular processing. Is it correct that the interview wait time in Dallas is currently 10 months? A lawyer I just spoke to seemed to think that I would be an overstayer during this ten month wait for interview, even if I apply for AoS within the 90 days of my VWP and therefore could risk deportation. However, what I have read seems to say that I would be legally in the US since I would have an adjustment of status in progress.

My husband's family live in Ohio, where the reported processing time for I-485 is only four months, can we do processing through that field office instead?

Thanks

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You must do AOS where you live.

You will be in a period of authorized stay the whole time.

You will get temporary work and travel permissions within 90 days and be able to live normally.

They could catch up on the processing times in the mean time.

Good luck.

(Don't hire that lawyer or talk to them again, either, very wrong basic info).

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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What is your official status while awaiting AoS interview? Visitor? Trying to work out whether I can get health insurance on the marketplace while awaiting the interview as we are expecting a baby.

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While I-485 is pending, you won't have an official status. You will be "in a period of authorized stay" granted to you by... the Attorney General, I think.

You should be able to show your pending I-485 receipt for proof of authorized stay, but it might take getting a supervisor and talking to a person to make it work.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (apr) Country: Netherlands
Timeline

What is your official status while awaiting AoS interview? Visitor? Trying to work out whether I can get health insurance on the marketplace while awaiting the interview as we are expecting a baby.

I'm in the exact same legal status as you (I-485 filed, VWP AOS) and I have health insurance (Aetna) through my husband's company. I also have bank accounts with Bank of America and a credit card (a secured one since I have no credit). Once you file your I-485, no one is going to deport you while it is being processed. Don't worry, you'll be absolutely fine.

Depending on in which state you live you can even apply for a state ID/driving license. Here in Washington all I needed to do was declare I did not have a SSN and provide proof of residency (my name on the apartment lease, bank statements addressed to me at my WA address, etc).

Good luck :)

Edited by blueniv

  • 04/15/2014: POE, Seattle, WA (VWP)

  • 06/28/2014: Married!

07/17/2014: Sent in I-130 & I-485 to Chicago

07/20/2014: USCIS receives AOS package

07/25/2014: Received NOA via e-mail and text

07/28/2014: Received NOA hardcopies via mail

08/05/2014: Received letter biometrics appointment

08/07/2014: Received RFE regarding tax return

08/18/2014: Biometrics

09/29/2014: Sent in RFE response

11/04/2014: EAD approved

11/04/2014: AOS interview ready to be scheduled

11/10/2014: Received EAD card

01/02/2015: AOS interview date set

01/09/2015: Received interview date via mail

02/03/2015: AOS interview Seattle field office: Approved!

02/03/2015: Green Card production ordered

02/04/2015: USCIS Welcome notice mailed

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Filed: K-1 Visa Country: Wales
Timeline

In Colorado you would be eligible for Obamacare.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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