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Mrs.Carr

AOS from tourist visa to green card

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Hi,

I came to US and met someone I love, now we are getting married in June. He's an us citizen. Why are Americans so irresistible? (my soon to be husband made me write that)

My visa expires in July., we want to start preparing adjustment of status as soon as possible, we got the marriage license and medical exam done, how soon can I file the EAD to work or can I go straight to apply social security number?

While I wait for my adjustment of status, any reason that I will need to leave the country based on my visa right now?

Please feel free to tell me your personal experience if you've been through similar situation.

Thanks so much for answering my questions!

Serena

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Hi Serena

From what you've said, once you are married (like, the day after) you can apply for Adjustment of Status (AOS). You dont state what visa you have now - I have a B2.

You will likely at some point need to prove that when you DID enter the USA you did not have any intentions of marrying.

Once you file for AOS, you CANNOT leave the USA without Advance Parole; Doing so will be seen as you abandoning your AOS application.

When you file your adjustment of status, you can also file for work permit (EAD), and advance parole. The forms I initially submitted were:

I-485

I-864

G-325A

I-130

I-131

I-693

I-765

Providing that you submit your AOS *AFTER* your marriage, and *BEFORE* your passport stamp expires, it is my belief that your stay is automatically extended whilst they process your application. But again, without advance parole, you must not leave the USA - and even if you DO get advance parole, they are very honest and specific in telling you that even with AP, it is NOT a guarantee that they will let you back in, though I have not yet come across any posts where someone with AP was denied entry.

Good luck!


05-04-2012 - Met online, chatted regularly after a few months, became best friends by fall; Seemed impossible we'd ever be together

09-04-2013 - Moved in together (with me travelling to & from UK)

10-31-2013 - Got engaged, started talking & preparing for spousal visa

11-06-2014 - Discovered we are pregnant!

12-22-2014 - Decided to get married on B2 visa due to pregnancy

12-29-2014 - Got married :)

01-09-2015 - Went for USCIS medical

01-12-2015 - Collected I693 (sealed) from Doctors Office

01-15-2015 - Sent package to Chicago lockbox (I485, I130, I131, I693, I864, G325A, I765)

01-22-2015 - Received text message saying my package had arrived.

01-27-2015 - Mail received: 4x I797 NOA for I131, I130, I765 & I485)

02-03-2015 - Mail received: I797C, NOA for I485 & I765 - Appointment for biometrics in Boston MA is 02/20/2015

02-16-2015 - Mail received: RFIE for my I485 due to our unusual finances (we own a UK business, but do not work ourselves)

02-20-2015 - Went to USCIS Boston for biometrics; Arrived at 3pm, left at 4.30pm. Went smoothly & told I have "amazingly clear fingerprints!"

-

- Long delay in our response to RFIE, didn't know how to respond; took time to produce compelling evidence of our good financial standing.

-

04-16-2015 - Finalized my response to RFIE; Response was over 120 pages, including 1 years bank statements from USA and UK.

04-24-2015 - myUSCIS case status for I-485 updated to confirm receipt of my response.

05-12-2015 - myUSCIS case status for I-765 updated to "Approved" & case history shows "We ordered your card"

05-13-2015 - myUSCIS case status for I-485 updated to "Case is ready to be scheduled for an interview"

05-16-2015 - Mail received: I-797 NOA for I765 - Confirming my I765 was approved - valid from 05/11/2015 to 05/10/2016

05-18-2015 - text & email received, stating my EAD card has been posted today and should arrive within 30 (!!) days

05-19-2015 - EAD & AP combo card received in the mail

05-21-2015 - Visited local SSA office to apply for SSN - All paperwork accepted and card will arrive 7-10 days.

05-29-2015 - SS card received

08-14-2015 - E-mail received - interview is September 21 2015!!!!

09-21-2015 - Interview at Lawrence, MA - approved on the spot after just a few minutes.

09-25-2015 - Green card received with "Welcome to the USA" document.

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Thank you!! That's really helpful.

I have B-2 too. Is there any paperwork that I can fill out and hand in right now or do I need to wait till I get every paperwork ready and send them out together?

Hi Serena

From what you've said, once you are married (like, the day after) you can apply for Adjustment of Status (AOS). You dont state what visa you have now - I have a B2.

You will likely at some point need to prove that when you DID enter the USA you did not have any intentions of marrying.

Once you file for AOS, you CANNOT leave the USA without Advance Parole; Doing so will be seen as you abandoning your AOS application.

When you file your adjustment of status, you can also file for work permit (EAD), and advance parole. The forms I initially submitted were:

I-485

I-864

G-325A

I-130

I-131

I-693

I-765

Providing that you submit your AOS *AFTER* your marriage, and *BEFORE* your passport stamp expires, it is my belief that your stay is automatically extended whilst they process your application. But again, without advance parole, you must not leave the USA - and even if you DO get advance parole, they are very honest and specific in telling you that even with AP, it is NOT a guarantee that they will let you back in, though I have not yet come across any posts where someone with AP was denied entry.

Good luck!

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The way I did it was send everything together; Be sure to check the date on the medical exam you had - I assume the doctor gave you a sealed envelope, and that you have NOT opened it - Just check how old that report can be at the time of submission.

Also, make sure to photocopy every single piece of paper you send in, and keep it in the exact same order as you put it in the package you send in.

Check and double check and triple check your paperwork - do it over a couple of days - I found a few mistakes over a couple days, and am glad I took the time to review it, correct it, and then wait a few hours and re-check it - you'll be amazed what simple mistakes you can make,


05-04-2012 - Met online, chatted regularly after a few months, became best friends by fall; Seemed impossible we'd ever be together

09-04-2013 - Moved in together (with me travelling to & from UK)

10-31-2013 - Got engaged, started talking & preparing for spousal visa

11-06-2014 - Discovered we are pregnant!

12-22-2014 - Decided to get married on B2 visa due to pregnancy

12-29-2014 - Got married :)

01-09-2015 - Went for USCIS medical

01-12-2015 - Collected I693 (sealed) from Doctors Office

01-15-2015 - Sent package to Chicago lockbox (I485, I130, I131, I693, I864, G325A, I765)

01-22-2015 - Received text message saying my package had arrived.

01-27-2015 - Mail received: 4x I797 NOA for I131, I130, I765 & I485)

02-03-2015 - Mail received: I797C, NOA for I485 & I765 - Appointment for biometrics in Boston MA is 02/20/2015

02-16-2015 - Mail received: RFIE for my I485 due to our unusual finances (we own a UK business, but do not work ourselves)

02-20-2015 - Went to USCIS Boston for biometrics; Arrived at 3pm, left at 4.30pm. Went smoothly & told I have "amazingly clear fingerprints!"

-

- Long delay in our response to RFIE, didn't know how to respond; took time to produce compelling evidence of our good financial standing.

-

04-16-2015 - Finalized my response to RFIE; Response was over 120 pages, including 1 years bank statements from USA and UK.

04-24-2015 - myUSCIS case status for I-485 updated to confirm receipt of my response.

05-12-2015 - myUSCIS case status for I-765 updated to "Approved" & case history shows "We ordered your card"

05-13-2015 - myUSCIS case status for I-485 updated to "Case is ready to be scheduled for an interview"

05-16-2015 - Mail received: I-797 NOA for I765 - Confirming my I765 was approved - valid from 05/11/2015 to 05/10/2016

05-18-2015 - text & email received, stating my EAD card has been posted today and should arrive within 30 (!!) days

05-19-2015 - EAD & AP combo card received in the mail

05-21-2015 - Visited local SSA office to apply for SSN - All paperwork accepted and card will arrive 7-10 days.

05-29-2015 - SS card received

08-14-2015 - E-mail received - interview is September 21 2015!!!!

09-21-2015 - Interview at Lawrence, MA - approved on the spot after just a few minutes.

09-25-2015 - Green card received with "Welcome to the USA" document.

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and it bit my assssss, because I did not triple check, just sent my checklist for AOS, forgot to put 2 :( now have to wait more :(

The way I did it was send everything together; Be sure to check the date on the medical exam you had - I assume the doctor gave you a sealed envelope, and that you have NOT opened it - Just check how old that report can be at the time of submission.

Also, make sure to photocopy every single piece of paper you send in, and keep it in the exact same order as you put it in the package you send in.

Check and double check and triple check your paperwork - do it over a couple of days - I found a few mistakes over a couple days, and am glad I took the time to review it, correct it, and then wait a few hours and re-check it - you'll be amazed what simple mistakes you can make,

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