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paciencia y fe

"Country of Residence" during AOS pending status?

By paciencia y fe in Working & Traveling During US Immigration

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paciencia y fe Collaborator

paciencia y fe   2

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

hi guys,

my husband is leaving tonight for ecuador and we were doing a "pre" check-in online. It requires us to fill out all the usual stuff, like passport number, nationality etc. But we're a bit confused about what to put for "Country of Residence" since his AOS is still pending and therefore he does not have permanent residence status. Should we still put US since that IS where he is living? Or should we put Ecuador since he doesn't have official status here yet?

thanks all!

Immigration Process

Detailed version on my "About Me" page

01/13/2010: K-1 Interview - VIsa Approved!

05/10/2010: Wedding Day!

01/11/2011: AOS Approved!

05/03/2013: ROC Approved!

08/06/2014: Interview - CITIZENSHIP APPROVED!

08/19/2014: Oath Ceremony

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Inky Grand Master

Inky   1,110

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

Ecuador

-------------------------------------------- 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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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

That is a really good question...

Until I read the PP's answer i thought "definitely USA because that's where you reside" but now I'm not so sure....

This website (most of it is almost completely unrelated to your case): http://www.eb5water.com/eb5-visa/adjustment-of-status-i-485.php says this:

"AOS applicants should not make any permanent connections to the United States or change any permanent living, employment, schooling or other lifestyle arrangements in their country of residence before they are issued AOS based upon an approved I-526 petition."

Though the form number is irrelevant to you, because it lists the USA separately to "country of residence" it leads me to believe the PP is indeed correct, country of residence is Ecuador until his AOS is approved.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Bobby+Umit Mentor

Bobby+Umit   161

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

You would be fine with "US" or your home country, since you are filing out things with the airline - not the US government.

You are not declaring yourself as an USC, just that you are residing in the US.

He does have status, his status is "applicant pending status change".

What Vanessa posted is not applicable in this case (as she pointed out, you came in on a K-1) , I take that warning to mean that you should not make major changes in your situation till you have completed the AOS. (if you don't get it, then you just messed up a lot of things, like getting your place to live back in the old country) - not that you can't make those changes.

I had the same question as this, and bounced it off my immigration lawyer, she gave me the ok on using US as my place of residence.

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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paciencia y fe Collaborator

paciencia y fe   2

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
  • Author
Posted

thanks guys! just a quick update - we put U.S. as the residence and had no problems.

Immigration Process

Detailed version on my "About Me" page

01/13/2010: K-1 Interview - VIsa Approved!

05/10/2010: Wedding Day!

01/11/2011: AOS Approved!

05/03/2013: ROC Approved!

08/06/2014: Interview - CITIZENSHIP APPROVED!

08/19/2014: Oath Ceremony

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