Jump to content
Sign in to follow this  
Timeshifter

Advice & questions regarding schedule of AOS filing

8 posts in this topic

Recommended Posts

Hi everyone, I'm new here, and I'm thankful to find such an information-rich and helpful community of people who have shared their own experiences. I'm hoping you can draw upon what you know about your own experiences and those of people you know to advise on this situation:

I am a US citizen, and she is here from Taiwan on an F-1 student visa with an I-20 that will expire at the end of 6/2012. Our plan has been to get married within the next few weeks and file for adjustment of status (AOS) immediately thereafter here in Boston, MA. Due to poor planning, she currently has a plane ticket purchased to depart the US on 4/21/12 (to take care of some family-related things at home). She will be done with her study program in 4/2012, so there may be issues returning thereafter on the F-1 visa. I'm concerned with how this would affect the timeline of the AOS process, since it seems like it takes many people about 3 months, and the process is not entirely flexible from the USCIS side. Other options would include a K-3 visa or, if either of these first two processes seem like they will not go well, an undesirable--but still possible option--would be waiting to get a K-1 visa and getting married thereafter. My concerns, in no particular order, include:

1. Do you share my concern about all of this getting done prior to her leaving on 4/21/12?

2. What happens if she leaves the country while the AOS process is still taking place? Will this be a large red flag or grounds for rejection?

3. I imagine there must have been circumstances though, where there was a family emergency and somebody needed to leave the country while the AOS process was taking place--any stories about what happened in these cases?

4. If approval proceeds smoothly, and the interview is done, but green card is not issued prior to her leaving, would this be ok? That is, would there be any issues with me mailing her the green card to use to get back in to the US?

5. Conversely, what would happen if the AOS process is proceeding normally, and an interview date is offered after she is already out of the country? Is there any flexibility to choose an alternate date? (Besides, not sure how she would get back in to the country....)

6. Will there be any issues with the AOS process if they know that she plans to go back to Taiwan for a month or two? She has some personal affairs she needs to take care of, wants to get some personal stuff done (such as cheaper dental work than in the US), and also needs to get some extra belongings to plan to move in together long-term with me.

Finally, the plane ticket can be changed if necessary after a $300+ fee, but ideally this will not be need to be done. Thank you for any help that you can offer!

Edited by Timeshifter

Share this post


Link to post
Share on other sites

1. Apply for Advance Parole then she can leave, it is about 2.5 months to get (assuming you don't have any RFE) so she can come back.

2. No, but she needs Advance Parole to come back.

3. You can write a cover letter to explain your situation, no biggie. You can even expedite the process of AP which an emergency reason.

4. You can definitely do that, but I doubt you can have an interview before 3 months. So again, Advance Parole fit her time-frame.

5. Assuming she got her AP document, yes you can change the interview date.

6. No, she will state it on the AP application I-131 that her trip will be 2 months or so.

Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites

1. Apply for Advance Parole then she can leave, it is about 2.5 months to get (assuming you don't have any RFE) so she can come back.

2. No, but she needs Advance Parole to come back.

3. You can write a cover letter to explain your situation, no biggie. You can even expedite the process of AP which an emergency reason.

4. You can definitely do that, but I doubt you can have an interview before 3 months. So again, Advance Parole fit her time-frame.

5. Assuming she got her AP document, yes you can change the interview date.

6. No, she will state it on the AP application I-131 that her trip will be 2 months or so.

Good luck.

Thank you very much for your reply. I didn't know about the I-131 advance parole until your post, and it seems like that would solve many of my concerns.

Nevertheless, after speaking to several USCIS staff today and looking at the uncertainty of whether advance parole would be granted before she left, we're also considering going on one of these two alternate routes:

1. K-1 route; if we start the application process soon, it may be ready sometime in the summer, which is when she would plan to come back anyway. I understand that all the other work like adjustment of status will still be needed, so this lengthens the entire process, but it provides some extra reassurance that 1) her leaving the US in 4/2012 will not affect the ability for her to come back (as it may if she left before and 2) she will have no issues coming back once the K-1 is granted.

2. CR-1 route; assuming the application could be filed while she is still here, this would seemingly streamline the process of her getting permanent resident status compared to the K-1 route, and offer additional reassurance that she would be allowed to reenter the US.

Any thoughts?

Share this post


Link to post
Share on other sites

K-1 or CR-1 is a proper way for fiance/ spouse of USC, if the spouse is oversea. There is chance she will not pass the interview there. By the way, K-1/ CR-1 she will not be able to re-entry to the US until she has the visa on hand. She is in the US right now, so AOS here is way more convenient. But pay some attention to the time frame, because if she gets marriage to close to her graduation, it might cause red flags at the interview. IMHO, to get married then file concurrently I-130 + I-485 + I-765 + I-131 when she is still in the US is the choice.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites

K-1 or CR-1 is a proper way for fiance/ spouse of USC, if the spouse is oversea. There is chance she will not pass the interview there. By the way, K-1/ CR-1 she will not be able to re-entry to the US until she has the visa on hand. She is in the US right now, so AOS here is way more convenient. But pay some attention to the time frame, because if she gets marriage to close to her graduation, it might cause red flags at the interview. IMHO, to get married then file concurrently I-130 + I-485 + I-765 + I-131 when she is still in the US is the choice.

Thank you again, Nancy. Our concern is still with the timing of being able to even obtain the advance parole in time. Additionally, she would be abroad for about 3 months, so it would be risky that it would be difficult for her to return in time for the AOS interview. With this information that I forgot to share about it being part of our plan that she will return around or sometime after 8/2012, does this change your assessment of whether the CR-1 is a good choice?

In speaking to USCIS staff today, it was confirmed that the K-1 application process could start even if she were still here in the US. I'm still trying to find out about the CR-1.

Share this post


Link to post
Share on other sites

Both K-1 and CR-1 can be started while the foreign spouse/fiance is in the US. The difference is that with AOS, she can stay here throughout the whole thing until she gets her greencard. With the other two options, she has to leave when her current authorized stay ends, and wait out the rest of the process abroad.

Out of those two options, personally I always think CR-1 is better. It is much cheaper than K-1, and because it does not involve the AOS part, once she gets the CR-1 visa and enters the US with the visa, she immediately becomes a permanent resident. With K-1, she is issued the K-1 fiance visa, enters, then must marry you within 90 days, and then still has to go through the AOS process to actually become a permanent resident and be allowed to work, for example.

I honestly think easiest would be to push back her plans to go to Taiwan and just get this out of the way. Depending on how fast you can get married and get all the necessary paperwork together, she could have the AP that allows her to travel by end of April/early May. She shouldn't plan any long trips abroad though until she has the GC, because the interview appointment cannot be moved or re-scheduled for anything short of a life-and-death emergency situation, so she would have to come back for that. Usually the whole AOS process takes between 4-6 months - 3 months sounds very fast to me, I've rarely seen anyone go through the whole process in that short of a time period.

If you manage to file by mid-February, if everything goes smoothly she could have the greencard by July, and be free to work, study and travel as she pleases.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Share this post


Link to post
Share on other sites

Both K-1 and CR-1 can be started while the foreign spouse/fiance is in the US. The difference is that with AOS, she can stay here throughout the whole thing until she gets her greencard. With the other two options, she has to leave when her current authorized stay ends, and wait out the rest of the process abroad.

Out of those two options, personally I always think CR-1 is better. It is much cheaper than K-1, and because it does not involve the AOS part, once she gets the CR-1 visa and enters the US with the visa, she immediately becomes a permanent resident. With K-1, she is issued the K-1 fiance visa, enters, then must marry you within 90 days, and then still has to go through the AOS process to actually become a permanent resident and be allowed to work, for example.

I honestly think easiest would be to push back her plans to go to Taiwan and just get this out of the way. Depending on how fast you can get married and get all the necessary paperwork together, she could have the AP that allows her to travel by end of April/early May. She shouldn't plan any long trips abroad though until she has the GC, because the interview appointment cannot be moved or re-scheduled for anything short of a life-and-death emergency situation, so she would have to come back for that. Usually the whole AOS process takes between 4-6 months - 3 months sounds very fast to me, I've rarely seen anyone go through the whole process in that short of a time period.

If you manage to file by mid-February, if everything goes smoothly she could have the greencard by July, and be free to work, study and travel as she pleases.

Thanks for your reply! It definitely seems like people in general favor doing an AOS. We're going to be having lots of plus/minus discussions with the families over the next few days.

Share this post


Link to post
Share on other sites

Order tax transcripts now to save some time :thumbs:


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×