A few questions regarding AOS

[Dewave2 17]

Hi guys,

First of all, happy holidays to all, I hope you are all enjoying the festive period!

I stumbled across this site a week or so ago when trying to do some personal research, and although there are a lot of topics regarding adjustment of status, I thought I would start my own thread, just to tailor things to my current situation, with the aim of looking for some advice. The story goes as follows:

I have been with my better half for 4 odd years now. I am a UK citizen, she is a US citizen born and living in California. For 4 years we have been coming back and forth, normally to the pattern of; me visiting her for just shy of 3 months, being apart for 3 months, then her visiting me for just shy of 3 months, followed by three months apart, and repeat. This hasnt always been exactly the way, but its always been close to it. I have always travelled on the Visa Waiver, and I have never overstayed, and I have never had a problem when entering the country. I have always been honest with officer upon entry with regards to visiting my girlfriend, and I have never had an issue. I came back to see her on 30th October 2011 this year, with a return flight on 15th January. Last week my parents came to California for the first ever time on a last minute deal, and whilst they were here, the girlfriend and I decided to get married. One of the biggest reasons being that it will more than likely be the last time my parents can visit here, and with both our parents in the same place at the same time, it seemed like a great thing to be able to do with them both around. Although me and, wife...had discussed marriage before, we had never planned a marriage, however circumstances directed towards it with my parents being here. Not that either of us are complaining, married life is treating us great so far Once done, we decided it would be best to speak to an immigration attorney take make sure everything was still OK for myself to still use the Waiver, or if we had to filed any forms, and whilst having a discussion with him on the phone he mentioned the possibility of AOS if it was something we wanted to think about also. Until this point, neither of us had any idea this was something that was even possible. Although us moving together eventually was always the plan, whether here or in the UK, it was something we were going to rush into, or make decisions just to have that happen, we knew when the time came we would figure it out, so never looked into it. So this week however has been an eyeopener, hence why I have been looking around here a lot. After a week or so of thinking, I think we have decided to go further into the AOS and go that route. The main reason being, I guess that if we have the option to stay together, then as a married couple, being apart now more so than ever would feel terrible. Aside from that, financially, its tough traveling as much as we do, and neither of us working for the 3 months were in each others country. So the bonus of being able to consolidate our finances into one whilst together would be a huge burden removed. I'm lucky in that my ties back home are things I can ties up whilst here. I don't have a mortgage or loan or payments to be made. My lease comes up in 2 months times which I can just not renew. My car isnt anything fancy, which I can just give to my brother in return for him moving my belongings into storage. I have a phone bill, that I can just keep paying until its end in the summer, and my work is something I can hand my notice in for here without having to work a notice period. So all in all, we have come to the decision to go this route so we can start create the family life we want now that were married. (Sorry for the long story, just wanted to make sure you got everything)

So we have a full appointment with the attorney on Thursday, but I thought I would do as much research as possible, and make sure we have as much information as possible. Im aware from this forum, of most of the problems and repercussions that can come from going this route, however there are obviously more that we will be filled in on on Thursday. The main questions I'm looking at currently are:

1.Cost? Obviously things like this always have a cost attached. Aside from the attorneys fees, what kind of cost are we looking at? So when we file the initial documents, I think I read about cheques having to be sent also, how much is this initial cost? And what costs are we going to incur also as we move further through the process?

2. When to file? With my return flight being on the 15th of January, I would much rather get all documents sent and received before my Waiver 90 days expire. What is the latest documents should be sent to avoid this? (not that we will be sending them last minute, but just in case)

3. Time Scale? I've seen time scales mentioned thoroughly on here, and I understand they obviously vary wildly. Does any one have an experience close enough to ours to be able to guess at a time scale. Its not massively important, whatever it takes, it takes, but its always nice to have a rough date in mind of a finishing line.

4. Documents? What documents will I need when filing initially? I know the attorney will tell us, but if I can get a head start before then I will. The only thing I have with me is my passport. Anything else I can have sent to me. Also, does it have to be the actual copy, or will a copy be sufficient?

I think thats it for now. Sorry again for the length involved! Im sure reading this is the last thing half of you want when you have presents that most likely need wrapping like mine haha.

Happy holidays again all, and I look forward to hearing from some of you

[Harpa Timsah 13,258]

http://www.visajourney.com/content/i130guide2

Here is the guide. It costs $1070 (I-485) + $420 (1-130) + cost of a medical exam (100-$200 depending).

File ASAP. Definitely before the 90 days. Don't file late especially if your local office is San Diego. (We can explain more on this if it pertains to you)

It will take 3-5 months. Your work permission (temporary until you get your Greencard) will come in around 3 months.

The guide has a document list. You only need send copies (they require NO originals for initial submission), but will need originals to present for inspection at your interview. You will need a copy of your birth certificate.

First thing to do is to find a USCIS-designated Civil Surgeon at usics.gov "Civil Surgeon Locator" and get your medical exam completed. The Civil Surgeon will fill out a form and give it to you in a sealed envelope. Send the sealed envelope in with your package.

Read the guide and download the forms. Always double check the USCIS instructions for the forms with updated pricing etc.

Congrats on the marriage!

[bigdog 376]

You can do it all without an attorney, use one if you feel more comfortable, It is told attorney stuff in a different pile or moves faster, unknown if that happens. See the guides here and it looks like you are off to a good start.

[Dewave2 17]

http://www.visajourney.com/content/i130guide2

Here is the guide. It costs $1070 (I-485) + $420 (1-130) + cost of a medical exam (100-$200 depending).

File ASAP. Definitely before the 90 days. Don't file late especially if your local office is San Diego. (We can explain more on this if it pertains to you)

It will take 3-5 months. Your work permission (temporary until you get your Greencard) will come in around 3 months.

The guide has a document list. You only need send copies (they require NO originals for initial submission), but will need originals to present for inspection at your interview. You will need a copy of your birth certificate.

First thing to do is to find a USCIS-designated Civil Surgeon at usics.gov "Civil Surgeon Locator" and get your medical exam completed. The Civil Surgeon will fill out a form and give it to you in a sealed envelope. Send the sealed envelope in with your package.

Read the guide and download the forms. Always double check the USCIS instructions for the forms with updated pricing etc.

Congrats on the marriage!

Thanks for the quick and thorough reply!

The costs are about what we were expecting. I did not realise however from all I had researched that the medical had to take place before I was to send all these initial forms off. Thank you for that, I will get on that tomorrow! Do you happen to know if an appointment is something I can get pretty quickly? Its not something I would have to wait a couple of weeks for?

We will definitely file as soon as possible, hopefully the day after visiting the attorney. We have decided to do it through the attorney as we don't want to risk any mistakes from our end, and put anything at risk. I would rather pay an attorney to make sure everything was in order to be honest. Thank you for that link however, a wealth of information for me to make sure I have!

As for my local office, how would I find this out? Silly question I'm sure. Im in Los Angeles, so here is to hoping there is an office here. (I think I understand why San Diego would be a little bit worse. If I'm correct, that now deny any AOS instantly if you are overstayed?)

[Little_My 464]

How fast you are able to get the civil surgeon appointment depends entirely on your location and availability of designated civil surgeons.. I am in NYC, and got my appointment in less than a week from calling the doctor. You will have to go back within 72 hours of the first appointment to get the TB skin test results read, and if you require vaccinations etc. those might be administered on more than one occasion. For me, the whole thing from making the appointment to getting all my papers from the doctor took less than 2 weeks. If you are in a smaller town where there might not be as many designated civil surgeons, getting an appointment might of course take longer. And you can find a list of USCIS designated civil surgeons from USCIS website - be sure to use one from that list.

Lawyer is fine if you can afford the fees - but remember, this is more about filling paperwork than about anything else, especially if there are no major red flags to overcome. It's about dotting your Is and crossing your Ts, double and triple checking the forms and documents and paying attention to detail while keeping common sense with you during the process - but of course a lawyer can make the process simpler for you. Start accumulating all the documents you may need from the UK such as your birth certificate, as it may take a moment to get those here.

www.uscis.gov is your best friend for the next few months - in addition to visajourney, of course the following link has an office locator. Put in your zip code and it will tell you what is your field office.

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

You file all the papers to Chicago Lockbox. Your interview will be scheduled in the field office.

[Brother Hesekiel 2,236]

Retaining an attorney for AoS in a simple and straight-forward case such as yours is an substantial expense that can be avoided.

If you are willing to get involved in your own case, read the guides, and can fill out forms, not more than an average IQ is required.

Nobody will ask you about your ties to the Kingdom. Your intent, or the lack thereof, will not be questioned. All they care about is that your marriage is genuine.

[Soapz 14]

Dewave, you can start getting the shots at the local health department. they accept walk-ins, usually long waiting times but you will be seen that day. If you tell them for immigration purposes they should know what shots to start you with. The general surgeon can use their documents to fill out the paperwork.

Timescale: if you feel comfortable with it, file right now. Submit what documents you have for evidence, just make sure to fill the forms out correctly, if USCIS wants something from you, they will send you a request - but for now a new period of permitted stay will start as soon as they accept your application. As for the lawyer, make sure they file immediately and not whenever they find the time, I have heard several people complaining about the lawyers taking too long to send in paper-work. If you use one, stay on him like white on rice...

[Pupsik 4]

If my wife and I did it without a lawyer, anyone can. I dont see how a lawyer can really help. I have heard many stories about lawyers being late with paperwork or not sending complete packages. If your case had a lot of red flags or if you were denied AOS, then I would suggest legal representation. Sounds like you guys are genuine and can supply plenty of evidence supporting your relationship over the 4 years.

best of luck to you both...Happy holidays!

[Harpa Timsah 13,258]

Dewave, you can start getting the shots at the local health department. they accept walk-ins, usually long waiting times but you will be seen that day. If you tell them for immigration purposes they should know what shots to start you with. The general surgeon can use their documents to fill out the paperwork.

I wouldn't suggest going to a clinic with no vaccination records and asking for "immigration shots." Chances are, being from UK, that he has all of the shots already (maybe needs an MMR booster or something). Furthermore, the paperwork must be filled out by a Civil Surgeon, not a "general surgeon." It's true that the shots can come from any clinic, but I'd first make an appointment with a CS and see what shots are needed before getting them. The Medical is usually two appointments; they need a few days in between them to let the TB indicator go through your system. The CS can tell you what shots are missing at the first appointment, and if you don't want to get them from the CS for some reason (cost maybe) then you can go before the next appointment and bring proof of vaccinations received to the final CS appointment. My husband got an appointment within a day, so I'd call around and see when they have openings. Little_My linked the Civil Surgeon Locator for you above.

[Dewave2 17]

Thanks again for the all the replies.

With regards to using an attorney. We will both be taking charge of all the forms, and will be fully involved with them. Like stated above, from what I can see it is definitely a lot of making sure everything is dotted and crossed. Having an attorneys eyes go over all the forms as a final look over before we send them off, will give me a huge piece of mind. It's obviously a larger cost than I would like, but I would rather pay that for piece of mind with something this big.

I had a look, and my local office is san fernando, so not san diego which is nice, just in case anything crazy comes up.

With regards to the final date I have to have everything sent off by. We will most definitely be trying to get everything sent much sooner than later, but im just wondering, in case anything crazy happens between now and then and delays us, what needs to happen before I can safely say I have overstayed? Do the documents need to just be signed for in Chicago for it to be official? OR is it the moment checks are cashed? I'm just trying to get a worse case scenario, last possible day I can send everything off and still be safe. From what I understand, a slight overstay would really matter, but id rather not have it, just in case.

Finally, when it comes to shots. In the UK, I had all mine whilst I was really young, or at school. I unfortunately dont know everything that Ive had, just some. Will I need to take any proof with me of what Ive had (If so, I dont have this), or do they have a way of finding out, or will they just give me everything? Im going to book an appointment with a CS tomorrow. We have at least 15 different ones within driving difference, so I will just go to whichever can see me sooner rather than later.

One thing I have noticed from these forums, is there are a lot of acronyms involved. I have seen a few within this thread alone. Would anyone be able to fill me in on what the following are, and what they mean?

EAD

AP

NOA1

RFE

Sorry if any of these are obvious, but just thought I would ask

Thanks again everyone. Your help is greatly appreciated!

[Fifth Echelon 6]

disregard

Edited December 21, 2011 by Fifth Echelon

[Dewave2 17]

disregard

Very intrigued what was said haha!

[Harpa Timsah 13,258]

Once the package arrives in Chicago, it sits in a mail sorting facility for a few days. The official "stop clock" time begins when they take a look at your package and determine it is complete enough to accept for initial review. This usually takes a week or so, but can take longer. Then they will send you a NOA1 (Notice of Action, the first one) which is a letter saying that they have accepted your application for initial review. Then you wait and get an appointment to take fingerprints, and then you will get an interview. Somewhere between fingerprints and interview your temporary travel and work permissions will be approved (around the 3 months mark). These are called AP (Advance Parole) and EAD (Employment Authorization Document). These allow you to work and travel until you get your GC, and are usually on the same card. Once you get your GC you don't need these permissions anymore.

If you missed something, like a piece of evidence, say, a letter of employment from your wife's job, then they will send you a RFE (Request for Evidence). You will have a certain amount of time to respond to correct the mistake.

The Civil Surgeon can give you a blood test to see what antibodies you have. They might also know what is required in UK and be able to determine what shots you need verbally. Go to the first appointment and see what they say.

If you're going to take charge of the forms, why hire a lawyer? I'd think through that decision to be sure that's what you want. Most people on this website do it on their own.

[Dewave2 17]

So the stop clock officially starts when the NOA has been sent? Will I get an email to state this has been sent? Or will it just arrive by post?

I phoned the closest Civil Surgeon and they were actually extremely knowledgeable and helpful. I have an my first appointment with then next week, and my second two days after that. She said on the phone, that at my first appointment, as I dont have any shot records, they will give me a blood test, as well as all the shots they offer, which is fine, at least they will all get topped up! Then two days later, I will have to go back for the results of the TB skin test, which will come up positive in my case as I know I have had a TB shot before, and therefore I will need a chest X-ray after on that day, to confirm I don't have TB. Then they will issue the sealed documents I require.

Although I'm lucky and I'm positive I don't have any medical conditions whatsoever, what would happen if for instance, I have something I was unaware of? What are they looking for, and what is there that you could have, that may have them refuse you through this whole process? I'm just curious I guess. I've never had any issues to date, and I'm sure that is still the case, but always nice to know I guess!

And obviously, it appears that everyone here seems to recommend not bothering with the attorney. Just for my own peice of mind, are there any negative effects to having an attorney involved in the process at all, aside form that of cost?

Thanks again everyone!

[Harpa Timsah 13,258]

They are looking for communicable diseases... TB, syphilis. if you have them they will require treatment but immigration can proceed in the meantime.

People here have seen lots of stories of bad lawyers. Usually they involve the lawyer having the secretary fill out the forms etc, and since that person is not as vested in the process as you, they make mistakes and things get slow (lots of RFEs etc). Sometimes the lawyer never sends in the paperwork at all. Having another in the process also makes things more confusing - notices go here and there, etc.

You need make the decision about the lawyer yourself. People here are just suggesting you reconsider. To make that decision, I'd read over the forms and see if they seem like something you can do. You are going to have to provide the lawyer with all of the documentation anyway. Like I said, most people here proceed without a lawyer. AOS is not a legal process, but a bureaucratic one. I found it similar to doing my own taxes.

Edit: They can text you with updates if you sent in a certain form, but sometimes even with the form the texting doesn't work.

Edited December 22, 2011 by Harpa Timsah