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AOS and current Student visa

By siasimba in Adjustment of Status from Work, Student, & Tourist Visas

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siasimba Explorer

siasimba   9

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Hello,

My wife is currently on student B1 visa from Canada. Her expiration date is 1/13/2011. We got married recently and in the process of applying for legal status in the US. I am filling out all the forms required including an advance parole I-131. The question I have is that because I am going through the process now, would my wife need to travel back to Canada by 1/13/2011 in order to get a new B1 visa to stay in the US? Or would the fact that we are in the process of applying for AOS, it would be okay for her to stay beyond her visa?

7/20/09 - When we met
9/16/09 - When we started dating
1/15/10 - Moved in together
9/3/10 - Marriage
11/10/10 - Filed AOS at Chicago lockbox
11/12/10 - AOS package received
11/17/10 - NOA1
12/27/10 - Biometrics --> canceled due to snow condition
1/18/11 - Advance Parole approved
1/26/11 - Biometrics Completed
1/31/11 - EAD in production
2/7/11 - EAD Recieved
2/18/11 - Applied for SSN
2/28/11 - Received SS Card
8/5/11 - Interview letter mailed
9/8/11 - Interview @9am
9/9/11 - Card Production
9/20/11 - Received Green Card

7/2013 - Submitted Removal of Condition

9/2013 - Biometrics Completed

11/20/2013 - NOA1 - Request for Evidence

12/20/2013 - RFE returned

1/2014 - 10 year green card approved.

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Why would she leave if shes applying AOS?? that is silly. Shes applying for a green card not another visa. If she left she would be abandoning the green card process and you would have to start all over again with a CR-1 visa.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

It's OK for her to stay beyond her visa, on the slight chance that she has not received her AP or green card by her B-1 expiration date (it has been taking 3-4 months lately). The clock on her status 'stops' when AOS is filed.

I sincerely advise that she not leave the US until she has her advance parole or her green card, and that will be seen as an abandonment of her AOS application. Good luck!

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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siasimba Explorer

siasimba   9

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

Thank you! Well, the only concern I have was if she needed to renew her student visa after she has filed her AOS. But apparently, once we begin the process and she is in the US legally, she should stay until she gets approved is what I am understanding, even if her student visa expires?

7/20/09 - When we met
9/16/09 - When we started dating
1/15/10 - Moved in together
9/3/10 - Marriage
11/10/10 - Filed AOS at Chicago lockbox
11/12/10 - AOS package received
11/17/10 - NOA1
12/27/10 - Biometrics --> canceled due to snow condition
1/18/11 - Advance Parole approved
1/26/11 - Biometrics Completed
1/31/11 - EAD in production
2/7/11 - EAD Recieved
2/18/11 - Applied for SSN
2/28/11 - Received SS Card
8/5/11 - Interview letter mailed
9/8/11 - Interview @9am
9/9/11 - Card Production
9/20/11 - Received Green Card

7/2013 - Submitted Removal of Condition

9/2013 - Biometrics Completed

11/20/2013 - NOA1 - Request for Evidence

12/20/2013 - RFE returned

1/2014 - 10 year green card approved.

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Thank you! Well, the only concern I have was if she needed to renew her student visa after she has filed her AOS. But apparently, once we begin the process and she is in the US legally, she should stay until she gets approved is what I am understanding, even if her student visa expires?

Correct. If she receives her advance parole (approval of the I-131) before her green card, she can travel on that, if required.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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siasimba Explorer

siasimba   9

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

Correct. If she receives her advance parole (approval of the I-131) before her green card, she can travel on that, if required.

Thank you so much for the clarification. Helps a lot. Just a few more questions please...

1. the G-325A --> would my wife and I both have to fill one out? I am the sponsor... or would only my wife need to fill one out

2. All the 7-8 forms that are required for the complete package, can I put them all into one big envelop and send it together?

3. The pictures that needs to be included with the I-130, they are passport size pictures correct?

Sorry for so many questions, but in the last step for submission now. Thanks in advance for help.

7/20/09 - When we met
9/16/09 - When we started dating
1/15/10 - Moved in together
9/3/10 - Marriage
11/10/10 - Filed AOS at Chicago lockbox
11/12/10 - AOS package received
11/17/10 - NOA1
12/27/10 - Biometrics --> canceled due to snow condition
1/18/11 - Advance Parole approved
1/26/11 - Biometrics Completed
1/31/11 - EAD in production
2/7/11 - EAD Recieved
2/18/11 - Applied for SSN
2/28/11 - Received SS Card
8/5/11 - Interview letter mailed
9/8/11 - Interview @9am
9/9/11 - Card Production
9/20/11 - Received Green Card

7/2013 - Submitted Removal of Condition

9/2013 - Biometrics Completed

11/20/2013 - NOA1 - Request for Evidence

12/20/2013 - RFE returned

1/2014 - 10 year green card approved.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

1. Yes, one for each of you.

2. Yes, you should do this.

3. Yes.

Could you change your status to AOS (pending) and not Naturalization, and also fill out your timeline to help other VJ people? Thanks!

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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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Sorry, I was out for the day when you asked your questions. Yes, to what Harpa said. blush.gif

On the package - you should assemble two packages, the I-130 and all its supporting forms and documents, and the I-485 and all its supporting forms and documents, then put both packages in the same envelope to be mailed off.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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