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AOS - Need Advise

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Filed: Timeline

Hello Everyone,

Good Evening! I need your suggestion on which approach to take -

I am US Citizen and my fiance has H1 visa which expires in Oct 2011. We will be getting married in July outside of US, and would like to travel from June 1st to July 25th.

We have 2 options:

Travel on her H1 visa & apply for AOS after we come back in July. We are concerned that having Oct 2011 expiration might cause problem at the port of entry. Plus we like to travel to Europe on our way back.


Get married legally in Feb 2011 (in US), apply for AOS, EAD, & Advance Parole. We are concerned that we might be cutting too close to the interview date. This may not be a problem if we have an option to extend an interview date (any idea?).

Please let me know if you need clarification on this matter. Thank you in advance!

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Filed: Citizen (apr) Country: Canada

Topic moved from AOS from family visa to AOS from Work, Student & Tourist Visa forum as the more appropriate location for this discussion.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables


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Filed: Citizen (apr) Country: Romania

I don't see any issues with option no 1. The visa would still be valid when she returns, almost 3 more months. Maybe other users would find something negative here, as I can't.

I would say Option 2 is a matter of processing times and luck. You should be able to get AP before June but I wouldn't try to reschedule an AOS interview though.

Now...what would I choose?

If I were you I would go with option 2, but I would not make any traveling plans until I get my GC.

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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H1-B is one of the few visas that have dual intent, so I don't see a problem with applying from AOS right when you come back from your marriage and vacation. I would however, make sure you have everything ready to be mailed when you would come back.

12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!


01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!


08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

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