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MyUKLove

Unaddressed AOS Questions

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We're doing the AOS, including the work request, the travel request, basically along with the I-485, the I-765, I-864, and I-131 and of course submitting the new medical he got here. Ugh that made us mad that he had to do it again. But they didn't give him copies in the UK. So, my questions are:

1. Do we have to submit more than 2 photos since we're doing the I-131 and the ask for two on the I-485?

2. Do we have to submit duplicates of the visa/I-9/passport for the same reason?

3. We're sending it priority mail as his I-9 expires the end of the week...we were late on the draw and we married but thought we had time to submit this...are we ok with the post stamp as proof that it was sent before the I-9 expired?

Thank you for your immediate help/response.

Aleisha

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We're doing the AOS, including the work request, the travel request, basically along with the I-485, the I-765, I-864, and I-131 and of course submitting the new medical he got here. Ugh that made us mad that he had to do it again. But they didn't give him copies in the UK. So, my questions are:

1. Do we have to submit more than 2 photos since we're doing the I-131 and the ask for two on the I-485?

2. Do we have to submit duplicates of the visa/I-9/passport for the same reason?

3. We're sending it priority mail as his I-9 expires the end of the week...we were late on the draw and we married but thought we had time to submit this...are we ok with the post stamp as proof that it was sent before the I-9 expired?

Thank you for your immediate help/response.

Aleisha

Each form has it's own unique requirements - so follow each forms instructions.

They go to different places once USCIS gets them :)

The postage stamp doesn't stop anything - only the NOA from the AOS stops the clock. So don't delay, file today :)


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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We're doing the AOS, including the work request, the travel request, basically along with the I-485, the I-765, I-864, and I-131 and of course submitting the new medical he got here. Ugh that made us mad that he had to do it again. But they didn't give him copies in the UK. So, my questions are:

1. Do we have to submit more than 2 photos since we're doing the I-131 and the ask for two on the I-485?

2. Do we have to submit duplicates of the visa/I-9/passport for the same reason?

3. We're sending it priority mail as his I-9 expires the end of the week...we were late on the draw and we married but thought we had time to submit this...are we ok with the post stamp as proof that it was sent before the I-9 expired?

Thank you for your immediate help/response.

Aleisha

Each form has it's own unique requirements - so follow each forms instructions.

They go to different places once USCIS gets them :)

The postage stamp doesn't stop anything - only the NOA from the AOS stops the clock. So don't delay, file today :)

Thank you. I'm going to send priority mail...got the extra passport pix, etc...so sending tomorrow morning then going to call the USCIS office to let them know it's on its way. Hopefully it won't hurt us that the I-9 expires on the 16th. His visa doesn't expire till September.

Edited by MyUKLove

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The visa is for the sole purpose of entering the country. To that end, it's null and void as soon as you walk away from immigration control at the airport. From that point until receipt of the NOA1 for the AOS, it's the I-94 and only the I-94 that shows is the immigrant's entitlement to be in the country (form I-9 is an employment eligibility verification form, FWIW).

No harm will come from being in the country a couple of weeks after the I-94 expires before filing AOS. ICE aren't gonna come jumping in through your front windows at dawn because he's out of status - they've got bigger things to worry about and providing the marriage took place within the 90 day validity of the I-94 and you don't wait too long, USCIS won't care either.

Lots of us spent a few weeks 'out of status' between I-94 expiry and filing for AOS and we're all still here. It's better to take your time and file the AOS package a day or two later but with a clear understanding of everything that's required than it is to rush it and have the whole thing returned to you because something's missing, or to get an RFE later on.

Incidentally, why did you need to do the whole medical again? The K-1 doesn't get given a copy of the full medical report*, all you should have needed to submit was the vaccination portion of the medical, which can be done very cheaply.

*Before someone pulls me up on the technicality, the K-1 does get given the report, however it's inside the 'Do not open' envelope that's given up on entry (at which point, it's sent to USCIS to meet up with your AOS application, hence why you shouldn't have to file a new one).

[edit for grammar :oops:]

Edited by JeremyR

Adjustment of Status from K-1 (Very abridged version)

05/20/08 - POE: Chicago O'Hare

07/18/08 - Married

08/30/08 - I-485/I-765 mailed...

03/17/09 - Card production ordered (no notification received!)

03/26/09 - Green card received (196 days)

Removal of Conditions

02/15/11 - I-751 mailed to VSC...

02/22/11 - NOA1 (received 03/03/11)

04/04/11 - Biometrics appt (notice received 03/19/11)

08/22/11 - * * * t u m b l e w e e d s * * * (T+6 months and counting)

09/20/11 - Service Request #1

10/26/11 - Service Request #2

11/29/11 - Interview @ Atlanta Field Office - Approved & I-551 stamped

12/07/11 - Card production ordered

12/10/11 - Green card received (293 days)

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The visa is for the sole purpose of entering the country. To that end, it's null and void as soon as you walk away from immigration control at the airport. From that point until receipt of the NOA1 for the AOS, it's the I-94 and only the I-94 that shows is the immigrant's entitlement to be in the country (form I-9 is an employment eligibility verification form, FWIW).

No harm will come from being in the country a couple of weeks after the I-94 expires before filing AOS. ICE aren't gonna come jumping in through your front windows at dawn because he's out of status - they've got bigger things to worry about and providing the marriage took place within the 90 day validity of the I-94 and you don't wait too long, USCIS won't care either.

Lots of us spent a few weeks 'out of status' between I-94 expiry and filing for AOS and we're all still here. It's better to take your time and file the AOS package a day or two later but with a clear understanding of everything that's required than it is to rush it and have the whole thing returned to you because something's missing, or to get an RFE later on.

Incidentally, why did you need to do the whole medical again? The K-1 doesn't get given a copy of the full medical report*, all you should have needed to submit was the vaccination portion of the medical, which can be done very cheaply.

*Before someone pulls me up on the technicality, the K-1 does get given the report, however it's inside the 'Do not open' envelope that's given up on entry (at which point, it's sent to USCIS to meet up with your AOS application, hence why you shouldn't have to file a new one).

[edit for grammar :oops:]

Thanks. I thought the same thing but the medical office scared us into thinking we needed to do more than we needed to do and also my sister in law is from Canada and her take on it, was just do it so that they don't have any reason to deny you.

And by the way, I screwed up anyway...didn't doublecheck who to write the check to and sent the package express this morning with the check written to USCIS instead of US Dept of Homeland Security. I called them and they said it's ok, they'd process the package and send back the check with a receipt number to attach the new check written to the US Department of Homeland Security. Ugh, though, still I feel like a fool because that's the only thing I didn't check on. But, what you say about still being here makes me feel better, because now that I have my husband here I don't want him to leave. :) At least he got here and so now I guess we just wait to be called in to interview.

Thanks again.

Aleisha

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