Life in the Fast Lane of AOS

[GringoD 33]

My fiance (the lady) came from Colombia on a K-1 visa last year on April 7.

We married within the 90 day time frame.

No problem.

But, I posted here, I believe sometime last fall with this question and I believe some folks said THERE IS NO TIME FRAME ON FILING FOR AOS, but that one should do it as quickly as possible.

Of course.

I understand that.

But, sometimes I'm a bit of knucklehead and not always one for getting things done on time.

As you can see.

The process for filing the I-129F was clean and easy, and not so long.

No roadblocks at all.

Nothing to hide.

I'm a professional with a 30-yr-long career.

________

So, I'm just wondering.... surely I'm not the first to have let so much time go by without having filed for AOS with her.

1.)What vulnerabilities might we encounter now?

Anything?

Or,... should we just get it done and not worry about anything?

2.)What would or could happen, for example, if we were in an auto accident

(or,some other public incident) and the police ask for her identification?

3.)I know, she may need to get another medical physical.

But, that is just logistics.

I'm asking more here about potential problems.

4.)I've read the frequent questions and see that one about 'status after filing,

while waiting' and it reads like this:

6.11.7)..OK, so my K-1 wife will file I485 for AOS.....Question is, what will her immigration status be from the date she files the AOS paperwork until the interview where she receives (conditional)green card?

A..She is official under a "period of stay authorized by the Attorney General". (FAQ Note: This is due to being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application)

So, after filing, what do you people do, when asked for identification?

Always keep a copy of the AOS filing with you (her) when she leaves home for any reason?

__________

Any help is appreciated.

Thanks ahead of time.

GringoD

[Harpa Timsah 13,258]

Your wife is currently deportable and accruing days of overstay. She has over 180 days so if she were to leave the country before she gets her GC, she will be banned from returning.

If you got in a wreck she could be taken to deportation jail, but since she has a clear case to AOS, they would probably release her with an order to Adjust Status. Not deportation, but not pleasant.

Your waiting has also cost her a year on her path to becoming a US Citizen, if that is what she wants.

Logistically, besides the new medical, there is nothing special to do though for the AOS. Once her GC is approved, then the overstay will be irrelevant and she can travel. Don't bother applying for Advance Parole though - she can't use it anymore because of the ban awaiting her if she leaves. The GC will overcome the ban but not the AP.

After you file you can use the NOA1 from the I-485 to prove status to law enforcement.

Edited April 17, 2013 by Harpa Timsah

[Mogambi 96]

AOS is not hard, and yes, you shouldn't have waited this long. You're not likely to run into any additional problems, but I'm curious, why did you wait so long? Wouldn't you want your wife to have her green card as soon as possible?

[GringoD 33]

AOS is not hard, and yes, you shouldn't have waited this long. You're not likely to run into any additional problems, but I'm curious, why did you wait so long? Wouldn't you want your wife to have her green card as soon as possible?

why?

Simple procrastination.

No other reason.

[neodragon0l 6]

I'd do it now if I were you. The proposed immigration reforms may not be so friendly with your situation.

[GringoD 33]

neo- ,

I'm on it.

I know, the sooner the better.

[Tom & Stacy 3]

I'm sure she's going to want to go home to visit her friends and family in her home country and she won't be able to leave the U.S until she had the Green Card in hand. That can be 6-7 months +. I'd file for it ASAP. She's very limited without a Green Card. I'm waiting for mine also and we filed in October 2012.

[GringoD 33]

If one was to receive an RFE on the AOS Application, what is the TIME TABLE for getting the response back to them?

30 days?

60?

90?

Any?

[TBoneTX 44,691]

what will her immigration status be from the date she files the AOS paperwork until the interview where she receives (conditional)green card?

You've answered it yourself:

an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application.

So, after filing, what do you people do, when asked for identification? Always keep a copy of the AOS filing with you (her) when she leaves home for any reason?

Close, and good thinking regardless. When we filed for AOS for Mrs. T-B., I had her keep a photocopy of the cover-letter (& check) with her at all times. When the NOA1 arrived, we made a copy of that, and she carried it instead of the first document.

It's better to be safe than sorry, si man. Remember: Even if your wife is from South America, she will -- at least initially, and in the minds of a great many of the unwashed -- be classified as an "illegal Mexican."

Too many VJ members dismiss the prospect of meeting up with a Federal agent (thus justifying to themselves why NOT to carry their green card as required by law, etc.). Avoid falling into this mindset. Always, always carry the most recent evidence of your lawful presence with you until you've become a U.S. citizen, si man.

[neodragon0l 6]

You've answered it yourself:Close, and good thinking regardless. When we filed for AOS for Mrs. T-B., I had her keep a photocopy of the cover-letter (& check) with her at all times. When the NOA1 arrived, we made a copy of that, and she carried it instead of the first document.

It's better to be safe than sorry, si man. Remember: Even if your wife is from South America, she will -- at least initially, and in the minds of a great many of the unwashed -- be classified as an "illegal Mexican."

Too many VJ members dismiss the prospect of meeting up with a Federal agent (thus justifying to themselves why NOT to carry their green card as required by law, etc.). Avoid falling into this mindset. Always, always carry the most recent evidence of your lawful presence with you until you've become a U.S. citizen, si man.

In regards to Federal agents, that's especially the case in border states like Arizona. It is technically called profiling if they ask for a green card based on your accent, color and appearance.

[dukeandduchess 141]

If one was to receive an RFE on the AOS Application, what is the TIME TABLE for getting the response back to them?

30 days?

60?

90?

Any?

They will have a date you need to reply by on the RFE. I believe it is 90 days.

[GringoD 33]

^{In reply to a few of the above posts, .... no; getting her green card is not what 'drives her'. It's "being together, with me" that is the issue. And also, she just doesn't want to be considered and illegal and face those potential problems. But then, I guess that means,... getting the green card. But, I think you understand. I'm not justifying that we haven't filed yet. BUT, WE ARE... NOW... THIS WEEK.}

^{I just need a couple other bits of advice, PLEASE.}

^{1.) Where do we find her VISA NUMBER???}

^{....... There is NOTHING on the visa page in her passport that says "VISA NUMBER"}

^{........I see a 7-DIGIT number WRITTEN IN RED, preceded by an F, to the lower-middle right-hand side of her visa page in her passport.}

^{.......I see a 14-digit "Control Number" in the upper right hand part of her Visa Page.}

^{......I see her passport number by her photo.}

^{......I see ACROSS THE BOTTOM of the Visa Page,... from left to right,.... first, her passport number. Followed by "<8COL", which is followed by 15 digits, one of which is a letter ,... which is then}

^{followed by "K1BGT12LA" and 7 other digits. (I'm guessing the 12 stands for the year, and LA is the state in which we live, Louisiana)}

^{...........................Where or which one is possibly the Visa Number???}

^{_____________________________________}

^{2.) This I-864, Affidavit of Support form makes no sense at all. NEED HELP, or maybe I should just include in our cover letter that it appears a bit confusing, and then give them the SIMPLE}

^{EXPLANATION. Here's my problem:...}

^{Page 1, Part 3, No. 10: Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9.}

^{On Part 3, No. 8, I check YES, I am sponsoring the principal immigrant named in Part 2 above.}

^{This is a very simple case. It is ONLY HER; she's bringing no one else with her. But, it would appear that I then have to PUT a [0, 1] in the boxes. Yes? No??}

^{I'm confused because then.... on PAGE 3, PART 5 regarding HOUSEHOLD SIZE, .... a.) Enter the number you entered on line 10 [0,1]. ... b.) Yourself. [1] ...... c.) If you are currently married, enter}

^{"1" for your spouse.}

^{h.) Add together lines (WHICH WOULD THEN EQUAL 3) and enter the number here. HOUSEHOLD SIZE: ??????}

^{I am married to the person I'm sponsoring. There are no others involved. My kids are 22, 23,... gone, out of the house. THERE ARE ONLY TWO (2) US, ME AND HER.}

^{Is the solution that I am reading it wrong on No. 10, Part 3, Page 1....? And, I should just put a 0,0 there?}

^{_______________}

^{THESE FORMS DRIVE ME NUTS... part of my problem for procrastination.... The instructions sheet refers to No.8 on Part 2. But, No. 8 is REALLY on Part 3. HELP!!! ME!!!!!!!! :-))}

^{_______________}

^{3.) On her Form I-485, on Page 5, Half Way down.... in regards to 'Your Registration With U.S. Citizenship and Immigration Services, .. it reads:}

^{"I understand and acknowledge that, under section 262 of the Immigration and Nationality Act (INA), as an alien who has been or will be in the United States for more than 30 days, I am required to}

^{register with U.S. Citizenship and Immigration Services (USCIS)."}

^{I really didn't know that this was REQUIRED. So....... How should we address that? Get it done,... This week. ??? And, then include in the cover letter the truthful explanation.... that being very}

^{simply, as I have said, that I (we) didn't know it was a REQUIREMENT, BUT AS OF NOW, WE HAVE COMPLIED?}

^{________________}

^{Somewhere in my reading of these forms tonight, I believe it said that they will SEND YOU THESE FORMS to begin processing AOS after she arrives and we are married. But, I don't believe we ever}

^{received ANYTHING at all since she has arrived. It doesn't really matter at this point.}

^{________________}

Edited June 10, 2013 by GringoD

[GringoD 33]

Last thing, I hope:

On her Form I-485, page 1 Last box on Part 1., it asks for "Current USCIS Status.

What would you think would be appropriate in that box?

"Married... K-1...Filing for AOS" ?

(anything else? Yes, we married within the 90 days alotted after she arrived, or I wouldn't be sitting here, writing this)

Help!!! Me!!!!!!

Thanks for your kind help.

GringoD

[KayDeeCee 4,893]

Non-immigrant visa # is the one in red towards the bottom right > http://www.visajourney.com/gallery/displayimage.php?album=19&pid=88#top_display_media

Total immigrants you are the sponsor for #10 is 1, just your wife. Yes, you are doing it wrong for household size. It states not to count anyone twice. Also, spouse is listed under those NOT sponsored in this affidavit. She is the immigrant you are sponsoring. You put 0 for the spouse box. You don't list her twice. Your total is 2. Example form > http://www.visajourney.com/examples/INS-Form-I-864.pdf

And, just in case you are not aware, there is a new I-864 form out > http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

She is already registered with the USCIS. She just needs to inform them within 10 days if she moves.

Current status is K-1 visa holder. Check out the example form > http://www.visajourney.com/examples/INS-Form-I-485.pdf

[GringoD 33]

Jay-Kay, thanks.

You answered everything, I believe.

So, you do not have to register with the USCIS upon arrival?

It's something that is 'automatically done', without you doing a thing??

And yes, I did just today notice there is in fact a brand new I-864 form out as of March 22, 2013.

Can't wait to see what has changed, and waiting to ad to the confusion ;-)

Are any of the other forms for AOS changed?

Anyone know?

I will check it.

Thanks for the help.

Edited June 10, 2013 by GringoD