AOS

[dupontrsa 0]

Hello.

I am new at this, and have no idea if I am even doing this right. (My english is not that good, so I apoligize)

I came to the US on a K1 Visa, and got married within the 90 days. About 2 months ago we sent my AOS to Texas.

We have not received anything back to confirm that they have received my application. Now here is my problem:

I came here on a return ticket, I have 83 days until I can fly home with that ticket. I really need to go home, I miss my family and my country really bad, and I am about to go crazy.

They tell me I need an Advanced Parole to be able to come back after I have been back to my home. I read that it takes about 90-120 days to get that! I cant wait that long!

I dont have that receipt letter or nothing yet! Please tell me what I need to do to be able to leave the US in July 2009?

[payxibka 10,048]

I dont have that receipt letter or nothing yet! Please tell me what I need to do to be able to leave the US in July 2009?

You do not need anything to leave the USA... The real question is what do you need in order to return..

Did you submit the I-131 with the I-485?

Have they cashed your fee payment?

[Bobby+Umit 161]

You should of gotten a NOA after 2 months - you may want to check on that.

You will need the AP in hand prior to leaving.

If you leave without the AP in hand, you have just abandoned your AOS.

Also, since you came on a K-1 visa, you will need to do a CR-1 to get back in the US again, which is more cost/time.

DO NOT LEAVE without the AP in hand.

If it's an compelling emergency, you can make an infopass appointment with USCIS to get an expedited AP.

However, from what you posted, you do not have an compelling emergency.

If I were you, I would delay that ticket to a different date.

[dupontrsa 0]

I have filed the I-148. Not the I-131.

No check could have been cashed because we also sent a fee-waiver.

[payxibka 10,048]

I have filed the I-148. Not the I-131.

No check could have been cashed because we also sent a fee-waiver.

Well there is your sign... the I-485 cannot be accepted for processing until the fee waiver request is approved.....

[dupontrsa 0]

I have trouble with english and understanding the steps, that is why I posted a question.

There is no such thing as a dumb question, only a dumb answer"

[john_and_marlene 162]

No check could have been cashed because we also sent a fee-waiver.

So far, you have what you paid for.

If you leave before the AOS is approved and you don't have advance parole (requires filing I-131 and getting it approved) then your AOS is abandoned and you will have no way of coming back to the U.S. without a new visa.

[YuAndDan 153]

Hello.

I am new at this, and have no idea if I am even doing this right. (My english is not that good, so I apoligize)

I came to the US on a K1 Visa, and got married within the 90 days. About 2 months ago we sent my AOS to Texas.

We have not received anything back to confirm that they have received my application. Now here is my problem:

I came here on a return ticket, I have 83 days until I can fly home with that ticket. I really need to go home, I miss my family and my country really bad, and I am about to go crazy.

They tell me I need an Advanced Parole to be able to come back after I have been back to my home. I read that it takes about 90-120 days to get that! I cant wait that long!

I dont have that receipt letter or nothing yet! Please tell me what I need to do to be able to leave the US in July 2009?

Sending AOS package to TEXAS may be a problem, the entire AOS package (I-485, I-864, I-131, I-765) needs to be sent to the Chicago PO box specified in the I-485 instructions.

Correct, a K-1 CANNOT leave the USA while AOS is pending WITHOUT first having AP document approved and in hand, doing so WILL get the AOS process canceled, and the K-1 holder WILL NOT be able to re-enter the USA. They will then need to apple for a spousal visa.

[payxibka 10,048]

I think you will have trouble with the fee waiver request... One of the criteria for the fee waiver is that you previously qualified for a federal means-tested-benefit within the last 180 days... however, the registration as a permanent resident needs to demonstrate that they will not become a "public charge" and will NOT receive any federal means tested benefits... You are asking for a waiver on a immigration benefit that requires a demonstrated level of income...

From the USCIS website:

Applicants should be aware that certain immigration benefits have income requirements or require evidence that the applicant or beneficiary is not likely to become a public charge (for example: nonimmigrant visa petitions, family-based visa petitions, classifying an orphan as an immediate relative, employment-based visa petitions, employment authorizations, travel documents, and advance parole.)

And what YuandDan said about Texas

Edited April 28, 2009 by payxibka

[^KK^ 3]

Hello.

I am new at this, and have no idea if I am even doing this right. (My english is not that good, so I apoligize)

I came to the US on a K1 Visa, and got married within the 90 days. About 2 months ago we sent my AOS to Texas.

We have not received anything back to confirm that they have received my application. Now here is my problem:

I came here on a return ticket, I have 83 days until I can fly home with that ticket. I really need to go home, I miss my family and my country really bad, and I am about to go crazy.

They tell me I need an Advanced Parole to be able to come back after I have been back to my home. I read that it takes about 90-120 days to get that! I cant wait that long!

I dont have that receipt letter or nothing yet! Please tell me what I need to do to be able to leave the US in July 2009?

Sending AOS package to TEXAS may be a problem, the entire AOS package (I-485, I-864, I-131, I-765) needs to be sent to the Chicago PO box specified in the I-485 instructions.

Correct, a K-1 CANNOT leave the USA while AOS is pending WITHOUT first having AP document approved and in hand, doing so WILL get the AOS process canceled, and the K-1 holder WILL NOT be able to re-enter the USA. They will then need to apple for a spousal visa.

Beat me to it... I realized that he said Texas when all AOS goes to Chicago Lockbox. Oh boy....

[Craneman 2]

You should of gotten a NOA after 2 months - you may want to check on that.

You will need the AP in hand prior to leaving.

If you leave without the AP in hand, you have just abandoned your AOS.

Also, since you came on a K-1 visa, you will need to do a CR-1 to get back in the US again, which is more cost/time.

DO NOT LEAVE without the AP in hand.

If it's an compelling emergency, you can make an infopass appointment with USCIS to get an expedited AP.

However, from what you posted, you do not have an compelling emergency.

If I were you, I would delay that ticket to a different date.

You do not need the AP to leave the country, you need it to return.

Will take both the AP and the Green Card to my wife, we flew to her country after the AP was approved but before it arrived, in May.

No need for the AP now that she has a green card.

Key thing is her AP was approved before she left the country, no one asks to see it when you leave.

The airline agents at the boarding gate do take the I-94.

The tickets can be changed, a processing fee will be applied but it can be changed, I do it all the time.

Edited April 28, 2009 by Craneman

[dupontrsa 0]

Thank you, that was helpful. If they deny my AOS, does that mean that I will have to leave the US? I think if that is what is going to happen, it's a sign, and clearly wasn't meant to be. I miss home so bad, I am becoming desperate.

[dupontrsa 0]

We used Simply done Immigration for the AOS, they sent us an addressed envelope (for Texas) in which to send the application! If they messed up my husband is going to be sooo mad!

[payxibka 10,048]

We used Simply done Immigration for the AOS, they sent us an addressed envelope (for Texas) in which to send the application! If they messed up my husband is going to be sooo mad!

get ready, because they messed up.....

[YuAndDan 153]

We used Simply done Immigration for the AOS, they sent us an addressed envelope (for Texas) in which to send the application! If they messed up my husband is going to be sooo mad!

Sounds like they are WAY out of date on this, USCIS centralized this a few years ago (I believe December 2004) to Chicago.