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Filed: Citizen (apr) Country: Germany
Timeline
Posted

Hi!

I am new to this forum and find the information very resourceful, however I have a bunch of questions that I hope can be answered by you!

I am a german citizen that is in the states on the ESTA Visa Waiver. My allowed stay will end January 18th. My finacee has proposed to me and we are planning on getting married mid-December.

Now, the way I understand it, we can file for AOS for me, correct? Are there any risks involved with doing so? I understand that we would bypass the whole K1 Visa Process and it seems like that's too easy.

Maybe it's important to note, I really did not fly over to the states to get married, I was pretty sure I'd fly back home in January, upon entry the officer hasn't asked any questions concerning my intent of entering the country, thus I did not lie. Then again, I don't see them having recordings of every entry interview or do they?

This is very exciting, but lots of work and lots of concerns, so any help would be greatly appreciated!

Kind regards

Wurstbrot_Royal

[01/17/2014] I-130, I-485, I-765 sent off to Chicago

[01/21/2014] (Day 01) Package delivered to Chicago Lockbox

[01/27/2014] (Day 06) NOA1 confirmation txts + emails - Case files transferred to USCIS National Benefits Center

[01/30/2014] (Day 09) NOA1 hard copies in the mail

[02/03/2014] (Day 13) Biometrics Appointment letter for 02/19/2014

[02/04/2014] (Day 14) Biometrics Walk-In successful in Oakland

[02/10/2014] (Day 20) I-485 Status changed to "Testing and Interview"

[02/15/2014] (Day 25) NOA: Interview Date: 03/18/2014

[03/18/2014] (Day 57) Interview in SF; Online Status "Card in Production"

[03/27/2014] (Day 66) Green Card in the mail

Filed: Citizen (pnd) Country: China
Timeline
Posted

Moved from AOS from Family Based Visas forum to AOS from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

Filed: Citizen (apr) Country: Italy
Timeline
Posted

Yes, you can AOS... After you marry, file the I130 and 485... Congratulations...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Thanks Ryan (and sorry!) for moving it to the correct forum. D'oh!

Christeen, thanks for the reply. Are my concerns invalid?

[01/17/2014] I-130, I-485, I-765 sent off to Chicago

[01/21/2014] (Day 01) Package delivered to Chicago Lockbox

[01/27/2014] (Day 06) NOA1 confirmation txts + emails - Case files transferred to USCIS National Benefits Center

[01/30/2014] (Day 09) NOA1 hard copies in the mail

[02/03/2014] (Day 13) Biometrics Appointment letter for 02/19/2014

[02/04/2014] (Day 14) Biometrics Walk-In successful in Oakland

[02/10/2014] (Day 20) I-485 Status changed to "Testing and Interview"

[02/15/2014] (Day 25) NOA: Interview Date: 03/18/2014

[03/18/2014] (Day 57) Interview in SF; Online Status "Card in Production"

[03/27/2014] (Day 66) Green Card in the mail

Filed: Citizen (apr) Country: Italy
Timeline
Posted

Thanks Ryan (and sorry!) for moving it to the correct forum. D'oh!

Christeen, thanks for the reply. Are my concerns invalid?

There is nothing illegal about AOS ... If you entered not intending to stay and AOS, and it spontaneous decision as you say, then you can use the AOS option... The burden of proof is in the government to prove otherwise... Congrats...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Posted

The only real risk is that if denied, a VWP has no right to appeal. That being said, if you have a real marriage and are otherwise not inadmissible (not a criminal, etc)then you won't be denied. You don't exactly bypass the K-1 process because you have to pay more money to AOS this way and it is only available in certain circumstances (which you seem to meet). Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Coll, thanks guys!

[01/17/2014] I-130, I-485, I-765 sent off to Chicago

[01/21/2014] (Day 01) Package delivered to Chicago Lockbox

[01/27/2014] (Day 06) NOA1 confirmation txts + emails - Case files transferred to USCIS National Benefits Center

[01/30/2014] (Day 09) NOA1 hard copies in the mail

[02/03/2014] (Day 13) Biometrics Appointment letter for 02/19/2014

[02/04/2014] (Day 14) Biometrics Walk-In successful in Oakland

[02/10/2014] (Day 20) I-485 Status changed to "Testing and Interview"

[02/15/2014] (Day 25) NOA: Interview Date: 03/18/2014

[03/18/2014] (Day 57) Interview in SF; Online Status "Card in Production"

[03/27/2014] (Day 66) Green Card in the mail

Filed: AOS (apr) Country: Portugal
Timeline
Posted

I'm in the exact same situation you are ... just a little further down the line.

I came to the US in early June, with a flight booked back to Portugal, a job still back at home, a mortgage, etc .. planning to go back, but my husband proposed during the summer and we ended up getting married just before my VWP expired. We filed everything in early September and we have the interview this coming Thursday - besides being extremely anxious about it, since you don't know what the final outcome is going to be, it's been a smooth process.

We didn't have any intent to get married when I entered the country, which seems to be exactly the same situation you're in ...and we have lots of evidence to show as proof of a bonafied relationship, so I'm hoping it will all go well on Thursday. But I'll let you know :) hehe

AOS from VWP

08/29/2013 - AOS Package Sent (I-130 and I-485)

09/02/2013 - AOS Package delivered, according to USPS tracking

09/08/2013 - USCIS Acceptance Confirmation E-mail

09/09/2013 - USPS Return Receipt received - Signed by USCIS Chicago Lockbox

09/09/2013 - Both I-130 and I-485 checks cashed

09/11/2013 - NOAs (I-797C) received in the mail

09/16/2013 - Biometrics Appointment Notice received in the mail (10/02/2013)

10/02/2013 - Biometrics Done

10/09/2013 - Status Change: Testing and Interview

10/31/2013 - Status Update: Interview Notice Sent for Interview on 12/05/2013

11/01/2013 - Interview Notice received in the mail: Interview on 12/05/2013

12/05/2013 - Interview @ Portland Office - Approved on the spot!

12/05/2013 - Card production notice

12/10/2013 - USPS tracking number available. Card to be delivered by Dec 13.

12/14/2013 - Green Card and Welcome Letter received

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Please do! Good luck with your interview!

[01/17/2014] I-130, I-485, I-765 sent off to Chicago

[01/21/2014] (Day 01) Package delivered to Chicago Lockbox

[01/27/2014] (Day 06) NOA1 confirmation txts + emails - Case files transferred to USCIS National Benefits Center

[01/30/2014] (Day 09) NOA1 hard copies in the mail

[02/03/2014] (Day 13) Biometrics Appointment letter for 02/19/2014

[02/04/2014] (Day 14) Biometrics Walk-In successful in Oakland

[02/10/2014] (Day 20) I-485 Status changed to "Testing and Interview"

[02/15/2014] (Day 25) NOA: Interview Date: 03/18/2014

[03/18/2014] (Day 57) Interview in SF; Online Status "Card in Production"

[03/27/2014] (Day 66) Green Card in the mail

Posted

I was interested to read this memo from USCIS on this topic, as I am in the same boat:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

AOS - VWP to GC


Day 0 - 11-12-13: I-485, I-130, I-765, I-131 filed


Day 5 - 11-17-13: Text notification NOA1


Day 9 - 11-21-13: NOA1 arrived in mail


Day 14 - 11-26-13: Biometrics appt recvd for 12-10-13 (Austin, TX)


Day 28 - 12-10-13: Biometrics appt at Austin ASC


Day 30 - 12-12-13: RFE received, birth cert/tax transcript


Day 45 - 12-27-13: Status changed to Response to RFE


Day 55 - 1-07-14: Status changed to "Testing and Interview"


Day 70 - 1-22-14: EAD and AP in production


Day 79 - 1-31-14: EAD/AP card arrived


Day 114 - 3/7/14: Interview notification text (Interview April 9)


Day 146 - 4/9/14: Interview - Approved in San Antonio, TX


ROC -



Day 0 - 03-06-16: I-751


Day 5 - 03-11-16: NOA arrived in mail


Day 31 - 04-06-16: Biometrics appt at Austin ASC






Filed: AOS (apr) Country: Portugal
Timeline
Posted

Please do! Good luck with your interview!

Just to let you know we got approved on the spot today :) maybe that'll give you some hope.

AOS from VWP

08/29/2013 - AOS Package Sent (I-130 and I-485)

09/02/2013 - AOS Package delivered, according to USPS tracking

09/08/2013 - USCIS Acceptance Confirmation E-mail

09/09/2013 - USPS Return Receipt received - Signed by USCIS Chicago Lockbox

09/09/2013 - Both I-130 and I-485 checks cashed

09/11/2013 - NOAs (I-797C) received in the mail

09/16/2013 - Biometrics Appointment Notice received in the mail (10/02/2013)

10/02/2013 - Biometrics Done

10/09/2013 - Status Change: Testing and Interview

10/31/2013 - Status Update: Interview Notice Sent for Interview on 12/05/2013

11/01/2013 - Interview Notice received in the mail: Interview on 12/05/2013

12/05/2013 - Interview @ Portland Office - Approved on the spot!

12/05/2013 - Card production notice

12/10/2013 - USPS tracking number available. Card to be delivered by Dec 13.

12/14/2013 - Green Card and Welcome Letter received

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Congrats! Thanks for the encouragement!

[01/17/2014] I-130, I-485, I-765 sent off to Chicago

[01/21/2014] (Day 01) Package delivered to Chicago Lockbox

[01/27/2014] (Day 06) NOA1 confirmation txts + emails - Case files transferred to USCIS National Benefits Center

[01/30/2014] (Day 09) NOA1 hard copies in the mail

[02/03/2014] (Day 13) Biometrics Appointment letter for 02/19/2014

[02/04/2014] (Day 14) Biometrics Walk-In successful in Oakland

[02/10/2014] (Day 20) I-485 Status changed to "Testing and Interview"

[02/15/2014] (Day 25) NOA: Interview Date: 03/18/2014

[03/18/2014] (Day 57) Interview in SF; Online Status "Card in Production"

[03/27/2014] (Day 66) Green Card in the mail

  • 4 weeks later...
Filed: Citizen (apr) Country: Germany
Timeline
Posted

I just had another question, as we got married last month. My 90 days of ESTA will run out on the 14th of January, however it takes the Department of Health of Hawaii (where we got married) 4-6 weeks to process and ship the marriage certificates. We have completed almst everything for the AOS, I'll have my medical next week and all that's missing are the certificates and cover letters basically.

We can access a preliminary marriage certificate online, am I right in thinking that this won't suffice?

Is it okay to overstay until the certificates are here for us to include into the package and ship it over? Since I gave them my adress upon entry of the US, do I have to fear DHS to come home and take me away?

Help would be greatly appreciated!

[01/17/2014] I-130, I-485, I-765 sent off to Chicago

[01/21/2014] (Day 01) Package delivered to Chicago Lockbox

[01/27/2014] (Day 06) NOA1 confirmation txts + emails - Case files transferred to USCIS National Benefits Center

[01/30/2014] (Day 09) NOA1 hard copies in the mail

[02/03/2014] (Day 13) Biometrics Appointment letter for 02/19/2014

[02/04/2014] (Day 14) Biometrics Walk-In successful in Oakland

[02/10/2014] (Day 20) I-485 Status changed to "Testing and Interview"

[02/15/2014] (Day 25) NOA: Interview Date: 03/18/2014

[03/18/2014] (Day 57) Interview in SF; Online Status "Card in Production"

[03/27/2014] (Day 66) Green Card in the mail

 
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