AOS from F-1 - Our Experience

[Little_My 463]

We filed for my AOS from F1 in March, and I received my Green Card about a week ago. Our experience was all in all extremely smooth, and I thought I'd write a little description of it to hopefully help others who might have some of the same circumstances to deal with as we did. We did not use a lawyer during the process.

Our situation was pretty simple - I'm from Finland, which already makes things easier as it is a very low fraud country and there really is no reason to think I am after a GC for any other reason than legitimate ones. Me and my husband had planned to get married in Finland in July 2011, but early this year decided that for many reasons, both practical and personal, it made sense for us to get married at city hall earlier so that we could file the paperwork before my current F1 status expired. I was about to graduate in May 2011, and it didn't really make sense for me to apply and pay for OPT, since we already knew we were going to get married and file for a GC soon.

I did not have any overstay, criminal record, etc. and neither one of us have previous marriages. Age difference is 8 years, so not that big. We met four years ago in Africa, and had plenty of proof of those four years. My husband has spend extensive time in Finland and has also had a temporary residence permit there. I have been living in the US for two years now, going to school here. When I applied for my F1, I was honest about American boyfriend during the F1 application process, because he was also sponsoring me for my F1. Had no trouble there, at the interview at the US consulate in Helsinki the person asked me about our marriage plans, and I told him that at that time we had not discussed marriage and that I was coming to the US to study, and we would see how it went over time. Got my F1 with no issues.

I returned from my trip to Finland for Christmas in January 2011, and we got married at city hall on February 11th. We collected all the paperwork, triple checked everything before sending it, and mailed the package on 03/03/2011. Here is a list of what we mailed:

I-130:

- Cover letter, stating the content of the package, in the order of items

- Check made payable to US Department of Homeland Security for the amount of $420

- Form I-130 filled out and signed by the applicant (my husband, the USC)

- Copy of the USC birth certificate

- Copy of the beneficiary's birth certificate (me) with an English translation (by me) with a signed certification from me, stating my competency in translating the document from Finnish to English (listing my original TOEFL score and noting that I am currently in a Master's program in the U.S.)

- To accompany the beneficiary's birth certificate, a copy of an official, stamped and signed document from the Finnish population registry, in English, stating my place and date of birth, names and DoBs of my parents, my civil status and information on my husband. This is to also show that I have changed my status from single to married also in Finland.

- Form G-325A from petitioner and beneficiary, with one passport size photo of both

- Evidence of bona fide marriage, which includes:

* Copy of marriage certificate

* Proof of joint bank account

* Proof of joint family mobile phone plan

* Proof of joint tenancy

* 5 Affidavits (from both of our fathers and 3 friends)

* Photos

* Copy of my husband's residence permit from when he was living with me in Finland

* copies of E-tickets from trips we have taken together

Form I-485:

- Cover letter stating the content of the package in order of documents

-Check made payable to U.S. Department of Homeland Security for $1070 (filing fee $985 plus biometrics fee $85)

-Form I-485, filled out and signed by applicant (me)

-Copies of my passport, non-immigrant visa (F-1) and most recent I-94, front and back

-Copy of most recent I-20

-Copy of a document from population registry that has all the same information that my birth certificate and more (my BC got lost in mail)

-Copy of marriage certificate

-Two passport size photos of applicant

-Form G-325A filled by applicant (me)

-Form I-693, medical examination, filled out by a civil surgeon with results, in a sealed envelope

-Form I-864, affidavit of support, filled out by my husband, with the following supporting documentation:

* Most recent bank statement of account balance on savings account, showing household savings

* Most recent checking account balance

* Most recent filed federal tax return (2009)

* Paystub from current employer, showing current monthly income

- Form I-765, Employment Authorization, filled out by the applicant (me) with following documents:

* Two passport photos of applicant

* Copy of applicant's passport

* Copy of applicant's non-immigrant visa and I-94, front and back

- Form I-131, application for Advance Parole,filled out by me, with following documents:

* Copy of my passport

* copies of my visa and I-94

* Explanation of why I might need AP

* Two passport size photos of me

We did not receive any RFEs during the process. We received the official hard copy NOA on 03/11/2011. Biometrics was no problem, received my EAD within the normal 90 day period as well. Then we ran into our first challenge. Our interview letter arrived Mid June, and our interview was scheduled for July 20th. This was much much faster than we had anticipated, and the problem was that I was about to head to Finland in the end of June and spend all of July there, as our big wedding was taking place there on July 30th. We decided that the best way to deal with this was to just fly here for the interview, and not risk trying to reschedule it. I left to Finland on June 20th, and then returned for our interview on July 19th, a day before our interview. When I returned, I used my AP (the new one, which is combined with the EAD) to re-enter the country. Just in case, I had our marriage certificate with me as well as the interview notice letter. I had no problems entering, they asked me to go to this other room to get my passport stamped with "Paroled into the U.S." stamp but that's it.

Our interview was on July 20th. It was pleasant, but useless. The interviewer had not even opened our file prior to us showing up at the interview, so she did not even know where I was from. As we were sitting there, she went through our file and asked us a couple of very easy questions (where we met, and what our birthdays were). She asked for my birth certificate, which we had not submitted with the original package because it got lost in the mail between Finland and US. Luckily we had managed to track it down, and I had it with me, along with a copy of it for her. I had translated it myself, because we only got it a few days before the interview, and she said she will have to verify that my translation will be acceptable. We also gave her some more recent bank statements and phone bills. We do not have insurance together yet, because up to now i have been on a student health insurance plan. She said she cannot give us a decision yet because she will need time to review our file first, and that we should hear something within the next week or so. We had obviously hoped for immediate approval and stamp, but no suck luck this time.

I flew back to Finland the next day, on July 21st. On July 20th we got an email telling us that card production had been ordered - so, apparently the self-translated BC was enough We had friends staying in our apt in NYC, so they were checking our mail and making sure the GC does not get lost while waiting for us in our apt lobby. We had our wonderful, perfect wedding in Finland on July 30th, and after that my husband returned to the US on August 4th. Since he got here first, he scanned my welcome letter and green card and mailed me those scans, which I printed and had on me when I returned. I flew in on Aug 6th, and came through JFK. At the immigration, I went to the Green Card Holders line. When I got to the IO, I explained to him that my green card has been issued while I was abroad, and told him I have my AP card, as well as copies of my welcome letter and green card. I also told him that in case they absolutely needed the physical card itself, my husband was waiting on the other side with the card. He told me that there's no trouble, he just needs to figure out if I am admitted as a permanent resident or still paroled into the country, but that it should not be an issue. They can also see in their computers whether the GC has been issued or not. He took me to another person, who went through my papers and looked me up in their computers. He then said that he can see that my GC has been issued, but obviously cannot admit me with a scanned copy of my GC. This, however, is not a problem at all since I had my AP. I was basically paroled back into the country, and he told me that as long as I travel internationally within the next 12 months I do not need to take any other course of action. If I will not leave the US within the next 12 months, I need to call border protection and control and come to deferred inspection with my GC so that they can then update my status in their system - but that's it. It was a very pleasant experience, I had all my paperwork sorted out, and I had filled out the I-94 on the plane which I then needed because they admitted me with the AP and not as permanent resident. He seemed very happy about the fact that I had everything that he needed on me and ready, and the whole process took less than 15 minutes.

So, here's what I learned from the process:

- Attention to detail. Double and triple check all your paperwork before sending anything in. Make sure it's all in good order. Make sure everything that is listed both here on VJ and on the official instructions is included. We went through our package three times before mailing it, and did not receive any delays or RFEs.

- Patience. Everything will happen eventually. NOAs come in different times, so even though it's hard, try not to compare timelines too much, or at least try not to freak out if someone who mailed their stuff around the same time as you has received their NOA / biometrics letter / whatever before you did. A million things can affect the speed of processing of each individual case, so getting all worked up because your timeline is slower than someone elses is just unnecessary stress.

- Common sense. Immigration officers are people too. I got all worried about whether or not they would think I entered with intent to immigrate on my F1 in January 2011, since we got married in February. I was also worried that the fact that we had planned a "real wedding" for July in Finland would play against us, as marrying on an F1 and AOSing "for the purpose of getting a GC" is a no-no. Then I got all worried about me having to travel over the process, since people here often say that when you have a pending GC application, all else should be put aside, traveling is advised against, and basically the best course of action is to stay put in the US and just wait to have the physical GC in your hand. While I believe this might be true in the sense that it is the most safe and simple way to go, life is not always simple. And life does not stop when there is a pending GC application. I had to travel, because we had planned a beautiful wonderful wedding in Finland, and there was no way I was going to cancel that. Maybe someone thinks I took a risk, but in my case there were no problems with this whatsoever. The fact that we had two wedding never even came up, and at POE yesterday the guy told me not to worry, and that they parole people in every day who had their GCs issued while they were abroad. It is not a big thing at all.

Our journey so far was very smooth and easy. I wish for the same for all others who are in the process of filing or waiting for progress in their cases. Our next step will be ROC in a couple of years, and then most likely citizenship after that.

Thanks for all those who helped and gave us good and useful advice throughout the process. VJ was invaluable to us during these past months, and I'm happy that I found this place before we started to gather our documents together. There are many very knowledgeable members here who were a big big help to us!

I am about to start my new job tomorrow in NYC, and I'm really looking forward to a period of no immigration paperwork in my life right now All the best to everyone, and enjoy the summer wherever you are!

[Harpa Timsah 13,258]

Great review!

[S_R 148]

We filed for my AOS from F1 in March, and I received my Green Card about a week ago. Our experience was all in all extremely smooth, and I thought I'd write a little description of it to hopefully help others who might have some of the same circumstances to deal with as we did. We did not use a lawyer during the process.

Our situation was pretty simple - I'm from Finland, which already makes things easier as it is a very low fraud country and there really is no reason to think I am after a GC for any other reason than legitimate ones. Me and my husband had planned to get married in Finland in July 2011, but early this year decided that for many reasons, both practical and personal, it made sense for us to get married at city hall earlier so that we could file the paperwork before my current F1 status expired. I was about to graduate in May 2011, and it didn't really make sense for me to apply and pay for OPT, since we already knew we were going to get married and file for a GC soon.

I did not have any overstay, criminal record, etc. and neither one of us have previous marriages. Age difference is 8 years, so not that big. We met four years ago in Africa, and had plenty of proof of those four years. My husband has spend extensive time in Finland and has also had a temporary residence permit there. I have been living in the US for two years now, going to school here. When I applied for my F1, I was honest about American boyfriend during the F1 application process, because he was also sponsoring me for my F1. Had no trouble there, at the interview at the US consulate in Helsinki the person asked me about our marriage plans, and I told him that at that time we had not discussed marriage and that I was coming to the US to study, and we would see how it went over time. Got my F1 with no issues.

I returned from my trip to Finland for Christmas in January 2011, and we got married at city hall on February 11th. We collected all the paperwork, triple checked everything before sending it, and mailed the package on 03/03/2011. Here is a list of what we mailed:

I-130:

- Cover letter, stating the content of the package, in the order of items

- Check made payable to US Department of Homeland Security for the amount of $420

- Form I-130 filled out and signed by the applicant (my husband, the USC)

- Copy of the USC birth certificate

- Copy of the beneficiary's birth certificate (me) with an English translation (by me) with a signed certification from me, stating my competency in translating the document from Finnish to English (listing my original TOEFL score and noting that I am currently in a Master's program in the U.S.)

- To accompany the beneficiary's birth certificate, a copy of an official, stamped and signed document from the Finnish population registry, in English, stating my place and date of birth, names and DoBs of my parents, my civil status and information on my husband. This is to also show that I have changed my status from single to married also in Finland.

- Form G-325A from petitioner and beneficiary, with one passport size photo of both

- Evidence of bona fide marriage, which includes:

* Copy of marriage certificate

* Proof of joint bank account

* Proof of joint family mobile phone plan

* Proof of joint tenancy

* 5 Affidavits (from both of our fathers and 3 friends)

* Photos

* Copy of my husband's residence permit from when he was living with me in Finland

* copies of E-tickets from trips we have taken together

Form I-485:

- Cover letter stating the content of the package in order of documents

-Check made payable to U.S. Department of Homeland Security for $1070 (filing fee $985 plus biometrics fee $85)

-Form I-485, filled out and signed by applicant (me)

-Copies of my passport, non-immigrant visa (F-1) and most recent I-94, front and back

-Copy of most recent I-20

-Copy of a document from population registry that has all the same information that my birth certificate and more (my BC got lost in mail)

-Copy of marriage certificate

-Two passport size photos of applicant

-Form G-325A filled by applicant (me)

-Form I-693, medical examination, filled out by a civil surgeon with results, in a sealed envelope

-Form I-864, affidavit of support, filled out by my husband, with the following supporting documentation:

* Most recent bank statement of account balance on savings account, showing household savings

* Most recent checking account balance

* Most recent filed federal tax return (2009)

* Paystub from current employer, showing current monthly income

- Form I-765, Employment Authorization, filled out by the applicant (me) with following documents:

* Two passport photos of applicant

* Copy of applicant's passport

* Copy of applicant's non-immigrant visa and I-94, front and back

- Form I-131, application for Advance Parole,filled out by me, with following documents:

* Copy of my passport

* copies of my visa and I-94

* Explanation of why I might need AP

* Two passport size photos of me

We did not receive any RFEs during the process. We received the official hard copy NOA on 03/11/2011. Biometrics was no problem, received my EAD within the normal 90 day period as well. Then we ran into our first challenge. Our interview letter arrived Mid June, and our interview was scheduled for July 20th. This was much much faster than we had anticipated, and the problem was that I was about to head to Finland in the end of June and spend all of July there, as our big wedding was taking place there on July 30th. We decided that the best way to deal with this was to just fly here for the interview, and not risk trying to reschedule it. I left to Finland on June 20th, and then returned for our interview on July 19th, a day before our interview. When I returned, I used my AP (the new one, which is combined with the EAD) to re-enter the country. Just in case, I had our marriage certificate with me as well as the interview notice letter. I had no problems entering, they asked me to go to this other room to get my passport stamped with "Paroled into the U.S." stamp but that's it.

Our interview was on July 20th. It was pleasant, but useless. The interviewer had not even opened our file prior to us showing up at the interview, so she did not even know where I was from. As we were sitting there, she went through our file and asked us a couple of very easy questions (where we met, and what our birthdays were). She asked for my birth certificate, which we had not submitted with the original package because it got lost in the mail between Finland and US. Luckily we had managed to track it down, and I had it with me, along with a copy of it for her. I had translated it myself, because we only got it a few days before the interview, and she said she will have to verify that my translation will be acceptable. We also gave her some more recent bank statements and phone bills. We do not have insurance together yet, because up to now i have been on a student health insurance plan. She said she cannot give us a decision yet because she will need time to review our file first, and that we should hear something within the next week or so. We had obviously hoped for immediate approval and stamp, but no suck luck this time.

I flew back to Finland the next day, on July 21st. On July 20th we got an email telling us that card production had been ordered - so, apparently the self-translated BC was enough We had friends staying in our apt in NYC, so they were checking our mail and making sure the GC does not get lost while waiting for us in our apt lobby. We had our wonderful, perfect wedding in Finland on July 30th, and after that my husband returned to the US on August 4th. Since he got here first, he scanned my welcome letter and green card and mailed me those scans, which I printed and had on me when I returned. I flew in on Aug 6th, and came through JFK. At the immigration, I went to the Green Card Holders line. When I got to the IO, I explained to him that my green card has been issued while I was abroad, and told him I have my AP card, as well as copies of my welcome letter and green card. I also told him that in case they absolutely needed the physical card itself, my husband was waiting on the other side with the card. He told me that there's no trouble, he just needs to figure out if I am admitted as a permanent resident or still paroled into the country, but that it should not be an issue. They can also see in their computers whether the GC has been issued or not. He took me to another person, who went through my papers and looked me up in their computers. He then said that he can see that my GC has been issued, but obviously cannot admit me with a scanned copy of my GC. This, however, is not a problem at all since I had my AP. I was basically paroled back into the country, and he told me that as long as I travel internationally within the next 12 months I do not need to take any other course of action. If I will not leave the US within the next 12 months, I need to call border protection and control and come to deferred inspection with my GC so that they can then update my status in their system - but that's it. It was a very pleasant experience, I had all my paperwork sorted out, and I had filled out the I-94 on the plane which I then needed because they admitted me with the AP and not as permanent resident. He seemed very happy about the fact that I had everything that he needed on me and ready, and the whole process took less than 15 minutes.

So, here's what I learned from the process:

- Attention to detail. Double and triple check all your paperwork before sending anything in. Make sure it's all in good order. Make sure everything that is listed both here on VJ and on the official instructions is included. We went through our package three times before mailing it, and did not receive any delays or RFEs.

- Patience. Everything will happen eventually. NOAs come in different times, so even though it's hard, try not to compare timelines too much, or at least try not to freak out if someone who mailed their stuff around the same time as you has received their NOA / biometrics letter / whatever before you did. A million things can affect the speed of processing of each individual case, so getting all worked up because your timeline is slower than someone elses is just unnecessary stress.

- Common sense. Immigration officers are people too. I got all worried about whether or not they would think I entered with intent to immigrate on my F1 in January 2011, since we got married in February. I was also worried that the fact that we had planned a "real wedding" for July in Finland would play against us, as marrying on an F1 and AOSing "for the purpose of getting a GC" is a no-no. Then I got all worried about me having to travel over the process, since people here often say that when you have a pending GC application, all else should be put aside, traveling is advised against, and basically the best course of action is to stay put in the US and just wait to have the physical GC in your hand. While I believe this might be true in the sense that it is the most safe and simple way to go, life is not always simple. And life does not stop when there is a pending GC application. I had to travel, because we had planned a beautiful wonderful wedding in Finland, and there was no way I was going to cancel that. Maybe someone thinks I took a risk, but in my case there were no problems with this whatsoever. The fact that we had two wedding never even came up, and at POE yesterday the guy told me not to worry, and that they parole people in every day who had their GCs issued while they were abroad. It is not a big thing at all.

Our journey so far was very smooth and easy. I wish for the same for all others who are in the process of filing or waiting for progress in their cases. Our next step will be ROC in a couple of years, and then most likely citizenship after that.

Thanks for all those who helped and gave us good and useful advice throughout the process. VJ was invaluable to us during these past months, and I'm happy that I found this place before we started to gather our documents together. There are many very knowledgeable members here who were a big big help to us!

I am about to start my new job tomorrow in NYC, and I'm really looking forward to a period of no immigration paperwork in my life right now All the best to everyone, and enjoy the summer wherever you are!

WOW!!!

Thanks for taking out time to share...such detailed experience is uncommon. Wish you & your hubby a happy married life together.

[oceanbreeze 0]

Hi,

Thank you for the review!

I did myself the translation of my BC but I m still hesitant to send it that way.

do you think it would be a better idea to have it done by a certified translator?

or that I notarize the one I did?

by the way, I m on B2 and filing for AOS.

Have a great day!

[Little_My 463]

If you only have the BC to provide that information to them, then yes, I'd have it professionally translated. In my case, USPS lost my BC when it was mailed to me from Finland, which is why I had not included it with the original package. However, Finnish Population Registy offers a document called Population Extract, which can be obtained in English and it has all the same information as a BC does, and more. For example, it lists all the addresses I've lived in since I was born. I got a certified copy of this from the Population Registy and submitted that with the original package. After I managed to get my BC back, I brought it with me to the interview just in case, and they did want a copy of that too.

But if you just have the BC, I'd get it translated by a certified translator.

[oceanbreeze 0]

Thanks a lot for your quick reply.

I will then definitely have a certified translator do it!

Congratulations:)

[Heroe 1]

Thank God for this post, extremely useful since it's exactly my case. Thank you very much for taking the time explaining everything.

[Falstaff 0]

Little_My, thanks so much for sharing your AOS experience with the board. Curious, how long did it take you to receive your Advance Parole document from the time you submitted it?

Falstaff.

[Little_My 463]

You can see it on my timeline and my signature - we submitted our application on March 3rd, I received my EAD in the mail on May 12th so on the 70th day after submitting the application. EAD was issued on May 2nd - so, it took pretty much exactly 2 months for it to be issued, and then about a week and a half from the issue date for it to arrive in the mail.

[Falstaff 0]

You can see it on my timeline and my signature - we submitted our application on March 3rd, I received my EAD in the mail on May 12th so on the 70th day after submitting the application. EAD was issued on May 2nd - so, it took pretty much exactly 2 months for it to be issued, and then about a week and a half from the issue date for it to arrive in the mail.

Little_My, thanks for the reply. So the Employment Authorization Document (EAD) and Advance Parole (AP) comes at the same time? I assumed these were two different items as you have to fill out two separate forms (I-765, and I-131).

Falstaff

[Little_My 463]

They used to be separate documents (the EAD was a card and the AP was a paper document), but they were combined to one card earlier this year. You now basically just get your EAD, which has a notation on it that says "Serves as I-512 Advance Parole", so your EAD card is also your AP.

[CC90 90]

I really liked this post; thanks for the great information.

[missingmycanadian 0]

I really liked this post; thanks for the great information.

also agree, excellent post - congrats to you and your husband!