Jump to content
sparkles_

In-country AOS question

11 posts in this topic

Recommended Posts

Hey guys,

My questions are about the I-130. I'm confused, I thought that the evidence of a bona fide marriage was supposed to be shown during the interview or at least with the I-485 packet. The instructions for the I-130 now seem to state that you have to prove 'family relationship' which of course is a marriage certificate. The thing I am wondering is about the subsection asking for things like shared lease, shared finances, etc. I do not recall doing this with my ex-husband's in-country AOS (granted it was in 07/08).

Am I really supposed to send a copy of a lease and bank statements with the I-130?

Lastly, questions 14 of the I-130 asks how did the relative arrive? He came as a student, then got a tourist visa after the student visa ran its course. He never 'arrived' per se on the B2, it was given while in-country and was his last legal status, we have proof of that from USCIS. . . Should I list how he arrived as student or tourist?

Edited by Becca&Youssef

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

Share this post


Link to post
Share on other sites

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from tourist visa~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Hey guys,

My questions are about the I-130. I'm confused, I thought that the evidence of a bona fide marriage was supposed to be shown during the interview or at least with the I-485 packet. The instructions for the I-130 now seem to state that you have to prove 'family relationship' which of course is a marriage certificate. The thing I am wondering is about the subsection asking for things like shared lease, shared finances, etc. I do not recall doing this with my ex-husband's in-country AOS (granted it was in 07/08).

Am I really supposed to send a copy of a lease and bank statements with the I-130?

Lastly, questions 14 of the I-130 asks how did the relative arrive? He came as a student, then got a tourist visa after the student visa ran its course. He never 'arrived' per se on the B2, it was given while in-country and was his last legal status, we have proof of that from USCIS. . . Should I list how he arrived as student or tourist?

You should send copies of anything you have now for evidence with the I-130 and take the originals with you to the interview . The easiest things to get for this step are a joint bank account, both names on health insurance and car insurance, joint utility bills, any mail that shows you two living at the same address, wedding cards and pics etc. You could also add him as an authorized user on your credit cards and make copies of the cards in both your names. They are just wanting to make sure that you both truly know each other and the marriage is real. The more solid evidence of a bona fide marriage/relationship will be required when you go to remove conditions in 2 years.

If he arrived on a student visa, that is what you put on question 14. There will be records of that in the USCIS system.

Edited by Teddy B

Share this post


Link to post
Share on other sites

You should send copies of anything you have now for evidence with the I-130 and take the originals with you to the interview . The easiest things to get for this step are a joint bank account, both names on health insurance and car insurance, joint utility bills, any mail that shows you two living at the same address, wedding cards and pics etc. You could also add him as an authorized user on your credit cards and make copies of the cards in both your names. They are just wanting to make sure that you both truly know each other and the marriage is real. The more solid evidence of a bona fide marriage/relationship will be required when you go to remove conditions in 2 years.

If he arrived on a student visa, that is what you put on question 14. There will be records of that in the USCIS system.

Speaking of car insurance, is it possible to add him at this point? He has a valid DL from another state. Bank acct., bills and lease are all taken care of!


**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

Share this post


Link to post
Share on other sites

Speaking of car insurance, is it possible to add him at this point? He has a valid DL from another state. Bank acct., bills and lease are all taken care of!

Yes, it shouldn't be a problem at all, just call your agent or company.

Share this post


Link to post
Share on other sites

I thought it was well established fact that new Student F-1 or Tourist B-1,2 visas COULD NOT be obtained from within USA?

Such can only be obtained at US Embassys in foreign countries.



- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: On December 04, 2018, we approved your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC17297003XX.  On December 04, 2018, we ordered your new card for Receipt Number EAC17297003XX, and will mail it to the address you gave us.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - -

Service Center: VSC
First 5 Digits EAC 17297
NOA1 Date: July 24, 2017

Case Transferred: No

Approved: December 4, 2018.   491 days after July 24, 2017.

     No RFE involved.  No Interview involved.

Filed N-400: Yes on December 6, 2018, two days after ROC approved.

Ten year Green Card received  December 12, 2018.

 

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

 

 

 

Share this post


Link to post
Share on other sites

I thought it was well established fact that new Student F-1 or Tourist B-1,2 visas COULD NOT be obtained from within USA?

Such can only be obtained at US Embassys in foreign countries.

I've heard about people switching from h2b visas to b2 s in country without problem.

Share this post


Link to post
Share on other sites

I thought it was well established fact that new Student F-1 or Tourist B-1,2 visas COULD NOT be obtained from within USA?

Such can only be obtained at US Embassys in foreign countries.

I think you misunderstood. His student visa was obtained in Morocco....the B2 was given just as his student visa was ending. It happens. He had to post a bond for it however or something to the tune of 5,000 dollars


**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

Share this post


Link to post
Share on other sites

OK, so you are saying he got F-1 in Morocco. That is standard and I understand.

But then you seem to imply that while he was in USA on the F-1, he obtained a B-2 visa while he was in USA.

That is what I didn't think was possible.

i.e. All F-1 and B-2 visas must be obtained from USA embassy in the foreign country.

https://www.migrationexpert.com/travel_visa/tourist_visitors_visa_b2/

B2 Visa Requirements

A B2 visa can only be obtained abroad and applicants must show that the purpose of their trip is for pleasure, tourism or medical treatment.

Edited by Leo7777


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: On December 04, 2018, we approved your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC17297003XX.  On December 04, 2018, we ordered your new card for Receipt Number EAC17297003XX, and will mail it to the address you gave us.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - -

Service Center: VSC
First 5 Digits EAC 17297
NOA1 Date: July 24, 2017

Case Transferred: No

Approved: December 4, 2018.   491 days after July 24, 2017.

     No RFE involved.  No Interview involved.

Filed N-400: Yes on December 6, 2018, two days after ROC approved.

Ten year Green Card received  December 12, 2018.

 

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

 

 

 

Share this post


Link to post
Share on other sites

Her husband was a Disney employee. My now-husband and I looked at him applying to work at Disney after about a year together so I did some research. From what I remember, Disney international employees apply and interview in their home country and are issued the appropriate visa there (which I guess is a student visa). Then they work at Disney for a year and at the end of the year, they are given the option of obtaining a tourist visa for something like six months so they can have the opportunity to travel and see the US. It's definitely a unique situation.


9/2011: Met in Morocco

12/2011: Trip to Europe together

1/2012: My trip to his hometown

11/2012: His first trip to USA

1/2014: His second trip to USA

3/2014: Married

Adjusting from a B visa

6/25/2014: Sent AOS package (I-130, I-485, I-765, I-131)

6/28/2014: Package received at Chicago Lockbox

7/2/2014: Text and email notifications

7/2/2014: Checks cashed

7/8/2014: Hard copy NOAs received

7/25/2014: Biometrics appointment

7/25/2014: RFE for foreign birth certificate

7/26/2014: RFE responded to

7/30/2014: RFE response received

8/14/2014: Status changed to "Testing and Interview"

8/29/2014: EAD and AP card production ordered

9/10/2014: EAD and AP card received

9/27/2014: Interview letter received

9/29/2014: SS card applied for

10/4/2014: SS card received

10/28/2014: Interview - approved pending final background check; online status updated that night

11/1/2014: Welcome letter

11/4/2014: GC in hand

ROC

8/13/2016: Sent I-751 Package

8/15/2016: Package received at CSC

8/17/2016: Check cashed

8/19/2016: NOA1

Share this post


Link to post
Share on other sites

Her husband was a Disney employee. My now-husband and I looked at him applying to work at Disney after about a year together so I did some research. From what I remember, Disney international employees apply and interview in their home country and are issued the appropriate visa there (which I guess is a student visa). Then they work at Disney for a year and at the end of the year, they are given the option of obtaining a tourist visa for something like six months so they can have the opportunity to travel and see the US. It's definitely a unique situation.

Yes, it an option to get the b2 at the end of the contract or continue the student visa if able to fund one's education on their own. I know it isn't standard procedure but then again the entire Disney intern program is a unique thing itself.


**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×