AOS here i come....

[Andreas_and_Tracey 0]

Hi Folks!

We're Andreas (GERMANY/SPOUSE) and Tracey(USC). We embark on the Road of AOS while staying in California. We married in Vegas on the 6th of march and now prepare to battle the giant.

We searched this website , read all faq and still have some questions, please be so nice to help us getting it all right:

1) please read timeline *g*. We're in Sylmar/Los Angeles. So our Offices are Chicago for I-485 and the Los Angeles Office for the EAD(I-765) right?

2) When Andy got his B2 Visa he had Biometrics taken. He again had his Picture and Fingerprints taken at Columbus Airport (Port of Entry). Does he need to have a Biometrics again for AOS?

3) Since Los Angeles allows direct filling for EAD(I-765), we DONT send it with the big package(I-485) till we get the NOA-1 and go to the local office then so its proccessed faster. correct?

4) We know that since he entered the USA for a temporary stay we will have to convice that it was not his intent to stay (which is true) at the Interview. any special advise?

5) since we're filling the AOS FROM the US without him leaving, he does NOT have an K1/K3 Visa, do we need to alter anything in the irst big package because of that?

6) He does not have an SSN yet. Should we wait till the EAD(I-765) is approved to file for one? when is the best point in time?

7) SInce we just married we're getting startet on setting up combined accounts etc.BUT since he can't work at the moment AND does not have an SSN, there is not much we can do at the moment. no credit check possible on him, no employment, etc. Any Ideas what to do?

8) Important One at last: His B2 Visa is valid till 19. April 2006 once we filled the AOS(I-485) he is pending and legally allowed to stay in the US till the case has been decided/approved right? Just checking back :-)

So many questions...hope you dont mind.we just dont want to spoil money or time with wrong info because our reservers are extremely low (savings, NOT monthly income, way over the 125%) and he would have a Job waiting for him once he gets the EAD.

Thanks so much in Advance.

Andy / Tracey

[john_and_marlene 162]

Hi Folks!

We're Andreas (GERMANY/SPOUSE) and Tracey(USC). We embark on the Road of AOS while staying in California. We married in Vegas on the 6th of march and now prepare to battle the giant.

We searched this website , read all faq and still have some questions, please be so nice to help us getting it all right:

1) please read timeline *g*. We're in Sylmar/Los Angeles. So our Offices are Chicago for I-485 and the Los Angeles Office for the EAD(I-765) right?

2) When Andy got his B2 Visa he had Biometrics taken. He again had his Picture and Fingerprints taken at Columbus Airport (Port of Entry). Does he need to have a Biometrics again for AOS?

3) Since Los Angeles allows direct filling for EAD(I-765), we DONT send it with the big package(I-485) till we get the NOA-1 and go to the local office then so its proccessed faster. correct?

4) We know that since he entered the USA for a temporary stay we will have to convice that it was not his intent to stay (which is true) at the Interview. any special advise?

5) since we're filling the AOS FROM the US without him leaving, he does NOT have an K1/K3 Visa, do we need to alter anything in the irst big package because of that?

6) He does not have an SSN yet. Should we wait till the EAD(I-765) is approved to file for one? when is the best point in time?

7) SInce we just married we're getting startet on setting up combined accounts etc.BUT since he can't work at the moment AND does not have an SSN, there is not much we can do at the moment. no credit check possible on him, no employment, etc. Any Ideas what to do?

8) Important One at last: His B2 Visa is valid till 19. April 2006 once we filled the AOS(I-485) he is pending and legally allowed to stay in the US till the case has been decided/approved right? Just checking back :-)

So many questions...hope you dont mind.we just dont want to spoil money or time with wrong info because our reservers are extremely low (savings, NOT monthly income, way over the 125%) and he would have a Job waiting for him once he gets the EAD.

Thanks so much in Advance.

Andy / Tracey

1. Yes

2. Yes

3. Correct

4. None

5. I-130

6. Yes file for SSN after receiving EAD

7. None

8. Yes he will be in legal status pending AOS

[bettenan 1]

4) Now that since he entered the USA for a temporary stay we will have to convice that it was not his intent to stay (which is true) at the Interview. any special advise?

5) since we're filling the AOS FROM the US without him leaving, he does NOT have an K1/K3 Visa, do we need to alter anything in the irst big package because of that?

4) Richard entered USA on a temporary Visa and the subject of his original intent never same up in the interview. It was a question I asked our attorney and she told us they wouldn't ask and they didn't.

5) My bank put Richard on the account without an SSN. They took a copy of his passport and made him sign a form. If your bank won't do it ...shop around for a bank that will.

[Autumnal 25]

As I was a VWP/Canadian that entered into the US without intent to marry and ended up doing so (clmarsh and Kezzie did as well), I hope I can answer some of your questions from my own experience. My first bit of advice: keep any records you have for entering, your travel plans, pictures, and whatnot just in case.

Greetings, too, and welcome to VJ!

Hi Folks!

1) please read timeline *g*. We're in Sylmar/Los Angeles. So our Offices are Chicago for I-485 and the Los Angeles Office for the EAD(I-765) right?

Yes. I-485/I-130 will both go to the Chicago lockbox, and you indicate your district office is LA.

2) When Andy got his B2 Visa he had Biometrics taken. He again had his Picture and Fingerprints taken at Columbus Airport (Port of Entry). Does he need to have a Biometrics again for AOS?

Yes, he will be subject to having his picture taken and fingerprints documented again. They really like him. *grin*

3) Since Los Angeles allows direct filling for EAD(I-765), we DONT send it with the big package(I-485) till we get the NOA-1 and go to the local office then so its proccessed faster. correct?

That I don't know.

4) We know that since he entered the USA for a temporary stay we will have to convice that it was not his intent to stay (which is true) at the Interview. any special advise?

I've heard from clmarsh that she wasn't asked about this; my interview isn't until the end of April and you can bet I'm fairly nervous on that point. Here's what I suggest: compile what information/evidence you can, just in case (the big one: a return plane ticket; pictures; any lease/mortgage proof; mail sent to employer that he's quitting his job, etc) that would show he has ties to Germany. You can always stick that stuff in a scrapbook if it's unneeded.

Until he has received his AP (advanced parole; the I-131 "travel document" that allows him to return to his home country), he cannot leave the US safely. Therefore, he needs to stay put until that comes.

Others have said they were not troubled on this point in the interview, so don't let it stress you out too much.

5) since we're filling the AOS FROM the US without him leaving, he does NOT have an K1/K3 Visa, do we need to alter anything in the irst big package because of that?

No. You just need to have everything that they ask for -- look at the AOS assembly package. You'll be putting in the I-130 bundle and then the I-485 bundle; there's a nice checklist that's very handy, talking about how to assemble your photographs and order of things. I'd also suggest that you put on the cover letters, don't staple (paperclips are your friend).

6) He does not have an SSN yet. Should we wait till the EAD(I-765) is approved to file for one? when is the best point in time?

He cannot obtain an SSN without an EAD. They will not issue one otherwise if I understand rightly.

7) Since we just married we're getting startet on setting up combined accounts etc.BUT since he can't work at the moment AND does not have an SSN, there is not much we can do at the moment. no credit check possible on him, no employment, etc. Any Ideas what to do?

He has his passport, no? Washington Mutual allowed me and my husband to set up a joint chequing account -- my husband used his documentation, and mine was a passport. In fact, I'm going down today to finally give them my SSN.

See if your current bank will be willing to set you up a joint savings or chequing account between the two. Bring your marriage license just in case to prove that you have a "real" relationship, along with driver's license, SSN (yours - maybe?), bank account book or card; and his passport. It shouldn't be too much trouble and if you get hassled about it, ask to speak to the branch manager. Usually this is not so much of an issue.

8) Important One at last: His B2 Visa is valid till 19. April 2006 once we filled the AOS(I-485) he is pending and legally allowed to stay in the US till the case has been decided/approved right?

Once you begin the AOS process, the ticking clock on other visas essentially freezes or pauses. He will not be in overstay if you have filed your I-130/I-485 packages to the lockbox. From then on out, he's good to stay in the country and upon receiving his AP (advance parole/I-131), he can actually travel outside of the US on his German passport normally and come back into the US.

If you have other questions, don't hesitate to PM me. I'll get back to you and while I may not be an expert at this I should be able to help.

[Jasman0717 9]

1) please read timeline *g*. We're in Sylmar/Los Angeles. So our Offices are Chicago for I-485 and the Los Angeles Office for the EAD(I-765) right?

The EAD comes from MSC, at least Claudeth's did.

2) When Andy got his B2 Visa he had Biometrics taken. He again had his Picture and Fingerprints taken at Columbus Airport (Port of Entry). Does he need to have a Biometrics again for AOS?

How old is the biometrics? It seems that each has a different requirement. They took full prints for Claudeths AOS but only one print for the EAD.

3) Since Los Angeles allows direct filling for EAD(I-765), we DONT send it with the big package(I-485) till we get the NOA-1 and go to the local office then so its proccessed faster. correct?

Wow, that is convenient, not sure it is faster or not. It took Claudeth about 75 days going through MSC

4) We know that since he entered the USA for a temporary stay we will have to convice that it was not his intent to stay (which is true) at the Interview. any special advise? Document document document. Get joint bank accounts, property in both names, insurance in both names, etc.

5) since we're filling the AOS FROM the US without him leaving, he does NOT have an K1/K3 Visa, do we need to alter anything in the irst big package because of that? I have no idea

6) He does not have an SSN yet. Should we wait till the EAD(I-765) is approved to file for one? when is the best point in time? Social security needs to see some sort of proof that he is in the country legally. This is probably a question for MDYoung

7) SInce we just married we're getting startet on setting up combined accounts etc.BUT since he can't work at the moment AND does not have an SSN, there is not much we can do at the moment. no credit check possible on him, no employment, etc. Any Ideas what to do? Check with social security to see if he can get a card.

8) Important One at last: His B2 Visa is valid till 19. April 2006 once we filled the AOS(I-485) he is pending and legally allowed to stay in the US till the case has been decided/approved right? Just checking back :-) The pending AOS will be legal until it is processed and approved or denied.

[Andreas_and_Tracey 0]

Hey Folks, thank you very much so far for all the good advise!

1. Yes

2. Yes

3. Correct

4. None

5. I-130

6. Yes file for SSN after receiving EAD

7. None

8. Yes he will be in legal status pending AOS

hope it goes that easy with INS too hehe, looks like a good bingo value!

4) Richard entered USA on a temporary Visa and the subject of his original intent never same up in the interview. It was a question I asked our attorney and she told us they wouldn't ask and they didn't.

5) My bank put Richard on the account without an SSN. They took a copy of his passport and made him sign a form. If your bank won't do it ...shop around for a bank that will.

ok good to hear so far that seemed to be the biggie that i have to convince them why not go back for 6 months to Germany to get K1/K3 instead of insisting on staying here. but we dont want to be apart.

I got a normal Bank account now, now were getting a joined one. what i meant was it says proof that is beeing used. i mean, sre we can put money from tracey on it and get it used, BUT sinc ei cant work ther enot much activityfrom me on it then right?

Yes, he will be subject to having his picture taken and fingerprints documented again. They really like him. *grin*

damn how often do we need to do this?

I've heard from clmarsh that she wasn't asked about this; my interview isn't until the end of April and you can bet I'm fairly nervous on that point. Here's what I suggest: compile what information/evidence you can, just in case (the big one: a return plane ticket; pictures; any lease/mortgage proof; mail sent to employer that he's quitting his job, etc) that would show he has ties to Germany. You can always stick that stuff in a scrapbook if it's unneeded.

i had a return ticket but of course i canceled it. could be a good idea to show my intention though. thank!

Others have said they were not troubled on this point in the interview, so don't let it stress you out too much.

actually THAT was my only concern. the rest seems easy.

No. You just need to have everything that they ask for -- look at the AOS assembly package. You'll be putting in the I-130 bundle and then the I-485 bundle; there's a nice checklist that's very handy, talking about how to assemble your photographs and order of things. I'd also suggest that you put on the cover letters, don't staple (paperclips are your friend).

what exactly do you mean? assemble fotos? more than one coverleter?

If you have other questions, don't hesitate to PM me. I'll get back to you and while I may not be an expert at this I should be able to help.

hehe we will thank you so much!

The EAD comes from MSC, at least Claudeth's did.

what is SC? to many shotwords here hehe.

How old is the biometrics? It seems that each has a different requirement. They took full prints for Claudeths AOS but only one print for the EAD.

1st biometrics from ocotber 2005, second once, 3 days later at POE

All in All it seems we got the main parts right :-)

thank so much guys

Andy & Tracey

Edited March 11, 2006 by Andreas_and_Tracey

[Autumnal 25]

I have to convince them why not go back for 6 months to Germany to get K1/K3 instead of insisting on staying here. but we dont want to be apart.

I got a normal Bank account now, now were getting a joined one. what i meant was it says proof that is beeing used. i mean, sre we can put money from tracey on it and get it used, BUT sinc ei cant work ther enot much activityfrom me on it then right?

{{Fingerprinting/Biometrics}}: damn how often do we need to do this?

i had a return ticket but of course i canceled it. could be a good idea to show my intention though. thank!

1. Simplest answer for that: you are now aware that if you leave the US after being married to a US citizen, you will be unable to return before the K3 process is initiated. You are better off to stay in the US with the USC (US citizen), your spouse, and change things from within the country than heading back. It could take longer than six months, and you have the grounds that this was spontaneous. Your timeline makes it sound like that.

2. Yes, getting a joint bank account is a good thing to do. Then the both of you can get cheque cards for it and maybe set up a bill payment on it. Make that payment automatically every month and it will help to establish your credit rating here in the US. It will also show that it is being used regularly. Even though you are not depositing a pay cheque into the account, you are still considered to be responsible for activity in that account. That's the benefit of a joint account, among others!

3. You will probably need one set of biometrics to be taken for your AOS and your work permit (EAD) and your travel permit (AP). They do them all at the same time and it's not too laborious a process. They should be valid for a year or so.

4. Definitely keep ahold of that return ticket, any itineraries that you have from your trip and other proofs you were on vacation and intended to return back to Germany!

Me: No. You just need to have everything that they ask for -- look at the AOS assembly package. You'll be putting in the I-130 bundle and then the I-485 bundle; there's a nice checklist that's very handy, talking about how to assemble your photographs and order of things. I'd also suggest that you put on the cover letters, don't staple (paperclips are your friend).

You: what exactly do you mean? assemble fotos? more than one coverleter?

5. Check out the guide here: http://www.visajourney.com/forums/index.ph...page=i130guide2

This highly invaluable checklist is very good for you to follow! It will give you instructions on the different things you require for your I-485 Adjustment of Status and for your wife's I-130 (Petition for an Alien Relative). I was referring to this in response to your question if you require anything special in your package because you are adjusting from inside the United States.

You should not require anything special in the packages. As you can see in that link, everything you put into your package is listed. It is very thorough. You will show your visa, passport, marriage certificate and such.

For the other things we have mentioned, like your return ticket and proof of your account together, this evidence you want to keep for the interview.

The EAD comes from MSC, at least Claudeth's did.

what is SC? to many shotwords here hehe.

SC: Service Center. MSC is the Missouri Service Center (MSC), renamed to the National Benefits Center (NBC). This is where your I-130/I-485 packages will go when you mail them to the Chicago Lockbox.

I think this is right, but... Your work permit and travel permit are processed at MSC/NBC. Then they transfer your I-130/I-485 on to your district office.

Your district office depends on where you are. For example, I live in Chicago; thus, mine is Chicago. If you were living in Vancouver, WA, it would probably be Seattle or Portland.

[Andreas_and_Tracey 0]

1. Simplest answer for that: you are now aware that if you leave the US after being married to a US citizen, you will be unable to return before the K3 process is initiated. You are better off to stay in the US with the USC (US citizen), your spouse, and change things from within the country than heading back. It could take longer than six months, and you have the grounds that this was spontaneous. Your timeline makes it sound like that.

oki sounds cool.

2. Yes, getting a joint bank account is a good thing to do. Then the both of you can get cheque cards for it and maybe set up a bill payment on it. Make that payment automatically every month and it will help to establish your credit rating here in the US. It will also show that it is being used regularly. Even though you are not depositing a pay cheque into the account, you are still considered to be responsible for activity in that account. That's the benefit of a joint account, among others!

do i establish credit even i dont have a ssn yet??

5. Check out the guide here: http://www.visajourney.com/forums/index.ph...page=i130guide2

i did.im a bit confused. the I-130is filey BY tracey FOR me INSTEAD of the normal K3 visa form right?

This highly invaluable checklist is very good for you to follow! It will give you instructions on the different things you require for your I-485 Adjustment of Status and for your wife's I-130 (Petition for an Alien Relative). I was referring to this in response to your question if you require anything special in your package because you are adjusting from inside the United States.

since we are in L.A it seems the best to file that locally with CIS so we maybe get the EAD at once (it says small chance).

"Some people who have filed their petitions with an CIS office can receive employment authorization that day (ex: LA), but in most cases, your spouse will get their Employment Authorization Document approved in 30 to 90 days and will be scheduled to have their picture taken and to have their EAD card issued."

so my question: is the I-130 and the I-485 two packages? do i send the I-485 to chicago,wait for the NOA and the go to L.A and file the I-130 there? or both there? pretty confusing..

[Autumnal 25]

Well, you could always point to bills paid on time before you got your SSN with your financial records. And if you need a loan from that bank, you can show you are in good standing.

Here's what you need to do, as you had no K3 visa:

o Tracy (USC) files the I-130. This is requesting the US government to allow you, her husband, to come into the US.

o You file the I-485. This is to adjust your status from a tourist to a permanent resident.

A brief overview:

Tracy is the petitioner for the I-130. She completes the I-130 form and you both need to provide the information that is listed in the checklist. For example, she has to show a birth certificate, passport, certificate of naturalization, etc. to prove she is an American citizen. You both complete the biographic forms (G-325a), submit photos, your marriage certficate and the rest.

You are the beneficiary of the I-485. You put together that form, officially, and you both need to provide the information that is listed in the checklist.

You file these two "packages" together. The I-130 is necessary for the I-485 (AOS) to go ahead because, basically, she needs to confirm this on marriage grounds.

In short:

o File for I-130.

o File for I-485.

If you want to work, file I-765.

If you want to travel, file I-130.

That clear things up?

[Andreas_and_Tracey 0]

Here's what you need to do, as you had no K3 visa:

o Tracy (USC) files the I-130. This is requesting the US government to allow you, her husband, to come into the US.

you mean STAY in the us while pending right? because im here now :-)

You file these two "packages" together. The I-130 is necessary for the I-485 (AOS) to go ahead because, basically, she needs to confirm this on marriage grounds.

so literally one package but with 2 cover letters inside?

That clear things up?

abit, still dont know what to file to chicago and what to L.A. cant i give all the stuff to them at the apointment in L.A??

do i have to wait for the NOA before doing I-765 or can i maybe just get the approval when im there? it said so in the guide to I-130

[Autumnal 25]

> you mean STAY in the us while pending right? because im here now :-)

Essentially, yes. The I-130 is in the simplest terms the US citizen's (USC) request to USCIS for sponsoring an alien relative to become a resident of the United States. In most cases, they are outside the country. In yours, you're already here.

> so literally one package but with 2 cover letters inside?

Yes, literally one package. You will actually want three cover letters:

1. Cover letter for the whole package. List everything included (such as: I-130, supporting documents; I-485, supporting documents; cheques and their amounts; I-864 affidavit of support and I-693 medical).

2. Cover letter for the I-130 package.

3. Cover letter for the I-485 package.

These cover letters make for good checklists on seeing that you have everything you need. Very useful.

> abit, still dont know what to file to chicago and what to L.A. cant i give all the stuff to them at the apointment in L.A??

I do not think you can give them everything in LA, no. But I do not use the LA district office so its rules are unfamiliar to me. This is how I think it breaks down:

Chicago: I-130, I-485 and all supporting documents, I-131 (AP/travel permit).

LA: I-765 (EAD/work permit).

> do i have to wait for the NOA before doing I-765 or can i maybe just get the approval when im there? it said so in the guide to I-130.

That you would probably want to call the LA office about for clarification. I would wait for the NOA1 which comes quite quickly, and if there are any problems, then you can address them with proof you filed your I-130/I-485.

[Jasman0717 9]

SC is the service center, MSC would be the Missouri Service Center where the AOS petitions are initially processed.

[ryncarr 0]

Regarding filing for EAD (I-765), you may want to look into sending it with your I-485/I-130. Prior to AOS being sent to MSC, these were all filed and processed in the district offices, but when they changed the process instructing AOS applications to go to the Chicago Lockbox, then to MSC, I think the process also changed. The district offices can still be used to get an EAD after you have filed for the I-485 and you have a NOA but I am not sure how faster this is. In our situation, we filed I-485 and I-765 at the same time and the NOA dates for both were the same. Fingerprint and biometrics instructions were also included with the NOA.

Also, I would presume that fingerprinting and biometrics is still needed as this is used for a different purpose and if I were you I would send the fee to prevent any delays.