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Jiajia

Sincerely looking for advice for AOS process

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Filed: K-1 Visa Country: China
Timeline

Hello,

My boyfriend is a U.S citizen. We knew each other before I came to U.S. I came here to spend time with him. It's my 1st time to enter U.S as well. Right now I've been in U.S for a few months. we wanna get married here. As far as we know, it's very risky to apply for AOS under tourist visa. I really really want to get some advice from someone who already went through the process for the following questions:

1. Once we filed I-130&485 form, What paper does it mean I'm permitted to remain in U.S even though my I-94 expired? E-notification from USCIS or NOA1 paper? If I travel within U.S during my case is pending, Should I always carry the paper?

2. Was anyone here being in trouble with AOS process before,such as visa fraud, rejection of AOS..etc? How did you handle it?

3. How should I prove that I didn't have any intent to immigrant when I entered? I'm very confused about this point. Do I have to show some papers to prove I changed mind? What documents are helpful? Pls help me about this point, particularly.

Thank you all who are gonna advise me.

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Intent rarely becomes an issue, unless you were pulled to secondary when entering the country and specifically asked if you were planning to get married and adjust status. In addition, intent alone cannot be used as basis for denial.

Once you are married and you have filed the I-130 and I-485 concurrently, you enter a new period of authorized stay which will allow you to remain in the us lawfully and in status until you have a formal decision on your AOS application. NOA1 is the proof of you having a pending AOS application, but I personally never carried it with me nor did I ever have to show it anywhere. It is probably a good idea to have it handy if you are for example flying within the US, in case some inquires about your status.

You do not have to prove you didn't have intent to immigrate. It would be on USCIS to prove you did have intent.


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

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Filed: K-1 Visa Country: China
Timeline

Thank you for your helpful advice.

But I'm still confused, As intent alone can't be used as basis for denial of AOS. What else reasons usually(generally) can be used for denial of AOS?

What could be the worst consequence if my AOS got denied? Usually how long does it take to get interview after filling the application?

I'm looking forward to getting prompt replies.

Thank you all who're gonna advise me.

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Denial can be for misrepresentation (lying to border security, for example, or pretending to be a US citizen) or a criminal history that falls under the "moral turpitude" category - murder, rape, egregious crimes. If your AOS gets denied, you go back to your home country and apply for a CR-1, and you will have to file a waiver because of your denial of AOS, which costs money.

It took me about 3 months from filing to get my green card - 3.5 if my memory serves correctly.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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An adjustment application might be denied because the IO determines the marriage is for immigration purposes only, because the applicant lied about something like being a US citizen or being married to someone else, or because they have committed certain crimes. If you are in a legitimate relationship, aren't a criminal, and aren't a liar, you should be fine. Also, intent alone is not used to deny but it is a negative factor so an IO may scrutinize you more closely as a result (or they may not, it depends on the IO).

Your case could also be denied if you were issued an RFE (request for evidence) and didn't properly respond to it, or something similar.

If you were denied, your options would depend on why you were denied. If you were denied for something like not responding correctly to an RFE, you would be denied without prejudice and you could refile or reopen your case. If you were denied for misrepresentation or fraud, you'd be put into removal proceedings.

Try not to panic yourself. If you are on the up and up there is no reason you'll be denied.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: K-1 Visa Country: China
Timeline

I need the official checklist of all concurrent documents and forms to apply for AOS.

I read "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US" on VJ.(www.visajourney.com/content/i130guide2) Is this official checklist?

I couldn't find the checklist on USICS GOV web except for forms.

Is there anyone who can help me find it?

Thank you very much

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Yes, that is the VJ guide - I am not sure what you mean by "official checklist", but that is the correct VJ guide for AOS. This is a DIY forum, so none of the resources here are "official" in the sense of them being USCIS documents. However, the VJ guide, from what I can remember, is very much up-to-date and detailed listing of everything you need.

It is your responsibility to make sure you have read all the instructions for the forms carefully enough to make sure you know what you need to include. The instructions for the forms tell you exactly what needs to be included with each form. What I did was print out the VJ guide and ALL the forms and instructions, and then I made myself my own list for each separate form, detailign what needs to go along with I-130, I-485, I-765, I-131, etc. I kept each form with the supporting documents in a separate folder, with the list of items stapled on the cover of the folder. This helped me to keep things in order and make sure I wasn't missing any documents.


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

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Filed: K-1 Visa Country: China
Timeline

For I-601, I-485 supplement A, What kind of situation do I need to submit them?

If I only travel inside U.S during case is pending, do I still need to apply for I-131? Can I apply for it during the process when I need it?

I can't fill in all the forms by typing, so I-130 must be filled in by USC petitioner? I-485 must be filled in by Alien spouse? Is it okay that all forms filled in by same handwriting?

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Filed: K-1 Visa Country: China
Timeline

Here's one very URGENT question to consult.

My I-94 is gonna expire in 3 weeks. I'm afraid to run out of status. Usually how long does it take to receive NOA1 once I filed I-130&485 forms? If I received NOA1 AFTER my I-94 expiration date, Does that mean I overstayed illegally?

Urgently! Thank you

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Filed: Timeline

Here's one very URGENT question to consult.

My I-94 is gonna expire in 3 weeks. I'm afraid to run out of status. Usually how long does it take to receive NOA1 once I filed I-130&485 forms? If I received NOA1 AFTER my I-94 expiration date, Does that mean I overstayed illegally?

Urgently! Thank you

Did you already send the AOS packet? The NOA1 will be dated on the date the AOS packet was accepted, not the date you receive it in the mail. As long as the AOS packet is received and accepted before the expiration of your current status, you won't overstay.

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Even if you run out of time, getting the paperwork together, overstay is forgiven for the spouse of a US citizen. But grrreat is correct, once the AOS package is received, if it is before the expiration of your I-94, you haven't overstayed.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: K-1 Visa Country: China
Timeline

As far as I know, Evidence of a bona fide marriage is important for AOS process.

But we don't have joint property yet, don't have child yet, Our marriage is certainly true, so far we only have joint bank account and some our vacations photoes, tickets, email..etc, Are these sufficient to prove? what else evidence could be very useful?

Meanwhile, USCIS determines marriage is bona-fide based on the interview or evidences?

Thank you

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As far as I know, Evidence of a bona fide marriage is important for AOS process.

But we don't have joint property yet, don't have child yet, Our marriage is certainly true, so far we only have joint bank account and some our vacations photoes, tickets, email..etc, Are these sufficient to prove? what else evidence could be very useful?

Meanwhile, USCIS determines marriage is bona-fide based on the interview or evidences?

Thank you

Both.

We don't have any of those either. It should be enough. Maybe some bills you pay together.


3/23/2012 (Day 0) - I-130, I-485 and I-765 sent
4/02/2012 (Day 11) - Hard Copy of NOA1 in the mail of I-130, I-485 and I-765
4/04/2012 (Day 13) - Received a letter for biometrics appointment for 4/20/2012.
4/20/2012 (Day 29) - Biometrics done
5/03/2012 (Day 42) - Status online changed to interview, scheduled for June 11
5/16/2012 (Day 55) - EAD Card Production, online status update
5/24/2012 (Day 63) - EAD Card in the mail
6/11/2012 (Day 83) - Interview, approved on the spot

05/19/2014 (Day 0) - Mailed I-751

05/27/2014 (Day 8) - Received NOA1

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Here's one very URGENT question to consult.

My I-94 is gonna expire in 3 weeks. I'm afraid to run out of status. Usually how long does it take to receive NOA1 once I filed I-130&485 forms? If I received NOA1 AFTER my I-94 expiration date, Does that mean I overstayed illegally?

Urgently! Thank you

As a K-1 visaholder, you are required to marry before the I-94 expires or you must leave. Once married, you file for AOS, but there is no deadline for doing so. Once the I-94 expires you are out of status, but that out of status is forgiven when you file the AOS. The only problems of being out of status is if you find yourself near the Southern border and have a run in with CBP, INS, or LEO; you can be detained and hauled before an immigration judge and told to file the AOS. You will NOT be deported. Do not worry.

Dave

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