AOS from J-1 approved

[nesur 0]

Hi everyone,

I wanted to share my experience applying for AOS after marriage with a US citizen from a J-1 visa. This forum was really helpful while we were preparing the application, so I wanted to contribute back. I think my situation was not that common given the little information I found from other members, so I wanted to share the process I went through in case anyone is in a similar case.

Pre-submission details: I was in a J-1 visa with no 2-year residence requirement, I met my spouse before coming into the US, we moved here together. We have been living in the US for 2.5 years at the time of application. I was worried about that fact: having met long ago would definitely help regarding proving that we had a bona fide marriage, but I did not want USCIS to think that we had the plan of getting married and applying for AOS before moving to the US. Our plan was to return abroad after being here for 2 years and marriage was not even been considered. Plans changes, and getting married arose as something we wanted to do just a few months before we decided to go for AOS. I was in good standing with my J-1 visa, and I could have continued renewing it if I wanted.

Process: We submitted I-130, I-485, I-765 and I-131 in August 2014. Even though I was allowed to work through my J-1 visa, and contrary to what I-765 instructions may suggest, applying for I-765 was allowed (and approved) even though my J-1 was still valid. I got a Notice (not a RFE) for a missing medical exam (which was included in my application, but they lost it at USCIS), but I was allowed to bring a new copy in during the interview. My J-1 visa was expiring 115 days after we submitted the application. I was asked by my academic institution if I wanted to start the process of the renewal of my J-1 after the AOS application was received. After some discussions, the institution decided not to pursue that renewal as it could jeopardize the AOS, as a J-1 cannot have immigrant intent.

Timeline: My biometric appointment was for 25 days after application was received, I received my EAD/AP combo card 80 days after application was received (which guaranteed continued employment even after the J-1 visa expiration). I had the interview scheduled for 105 days after application was received. We were never asked about which plans we had before moving into the US, only questions to confirm bona fide marriage, which was pretty evident already. AOS was approved during the interview. I received the approval NOA a week later, and one day later the new GC was in the mail.

If anyone has any questions, I'll be happy to contribute.

Edited December 1, 2014 by nesur

[Pitaya 2,576]

~Moved from Introducing our Members to WST-based AOS Progress Forum~

~Commentary about AOS from student visa~

[icv21 110]

Hi Congrats!!! And thanks so much for sharing.

What state you guys live??? If would help if you fill timeline

[KASH2011 382]

Congrats!

[nesur 0]

Congrats!

Hi Congrats!!! And thanks so much for sharing.

What state you guys live??? If would help if you fill timeline

Thanks! We're in MA. I saw the timeline feature, but I'm wary of posting so much info in one single place about myself online...