Some questions about AOS

[-PiLoT- 11]

i know with my current status its a bit aways off.

but im curious as to something i couldnt see an answer to.

i know that we have 90 days after my POE to marry, but what point is that cleared? is it when i file for the AOS or when i get the NOA1 for that filing

at the moment the plans are to go over july 1st, get married on the 22nd august and file for AOS within the following week. would this be adequate?

[Nich-Nick 3,353]

"..... but what point is that cleared? "

I don't know what you mean by that expression. Cleared?

If you go July1, you get admitted to the US for 90 days, which will be until around the end of September. You have to marry by then. There is no deadline for filing AOS, but the sooner the better. If your 90 day admission is over before you file, you are in overstay. However once you file, your are in an allowed period of stay until a decision is made on your AOS. You aren't accruing overstay once you file.

Your visa is over the day you enter the US, so the visa expiration date has no meaning once you arrive.

[-PiLoT- 11]

"..... but what point is that cleared? "

I don't know what you mean by that expression. Cleared?

If you go July1, you get admitted to the US for 90 days, which will be until around the end of September. You have to marry by then. There is no deadline for filing AOS, but the sooner the better. If your 90 day admission is over before you file, you are in overstay. However once you file, your are in an allowed period of stay until a decision is made on your AOS. You aren't accruing overstay once you file.

Your visa is over the day you enter the US, so the visa expiration date has no meaning once you arrive.

yeah the k-1 is 6 months valid, but then that ends on PoE. then theres the 90 days to get married im asking if i was to file the AoS after the 90s days, if for example there was a delay in paperwork, would u be penalised? id think yes because you said im in overstay. so im saying is the "deadline" for AoS the day i send it away, the day they get it or the day they give me an NOA1

essentially im asking is how long would i need after the wedding day to allow for filing the AoS and be "safe"

Edited February 15, 2015 by -PiLoT-

[Pitaya 2,576]

As is often mentioned in the Fam.-based AOS Forum, the general recommendation is to start the AOS process as soon as possible after the beneficiary and petitioner get married.

Good luck on your immigration journey.

[Nich-Nick 3,353]

You will not be penalized. Yes technically an overstay but nothing will happen to you like getting arrested and kicked out of the country. Some people don't file for a year or more. But that just delays you getting to work and getting a driver license. Do it as soon as you can, but don't worry if you run past your 90 days. It will take you more than a week after the wedding I'm guessing. Some people have to wait weeks to get their marriage certificate back from the county. If you don't have all your required shots done before you go to Knightsbridge, then you will have to go to another medical appointment in the US for a civil surgeon to sign you off.

We filed just a few days after our wedding, but I had done the whole packet before he arrived. Our county allowed us to take the marriage license back in the morning after the wedding and they processed the certified marriage certicate in 15 minutes. Some people wait 6 weeks for it. My husband also had all his shots so did not go to a civil surgeon.

[nobbie 105]

Short answer.if you do what you're planning, you'll be fine

[-PiLoT- 11]

You will not be penalized. Yes technically an overstay but nothing will happen to you like getting arrested and kicked out of the country. Some people don't file for a year or more. But that just delays you getting to work and getting a driver license. Do it as soon as you can, but don't worry if you run past your 90 days. It will take you more than a week after the wedding I'm guessing. Some people have to wait weeks to get their marriage certificate back from the county. If you don't have all your required shots done before you go to Knightsbridge, then you will have to go to another medical appointment in the US for a civil surgeon to sign you off.

We filed just a few days after our wedding, but I had done the whole packet before he arrived. Our county allowed us to take the marriage license back in the morning after the wedding and they processed the certified marriage certicate in 15 minutes. Some people wait 6 weeks for it. My husband also had all his shots so did not go to a civil surgeon.

So the petitioner (US citizen) is meant to fill out the forms?

EDIT NVM i read a sample

Edited February 16, 2015 by -PiLoT-

[Nich-Nick 3,353]

So the petitioner (US citizen) is meant to fill out the forms?

No, it is the beneficiary that is filing. The petitioner does an I-864 Affidavit of Support.

But that doesn't mean that I (petitioner) didn't have all the forms filled out for the beneficiary and said, "Here, sign this". Most forms can be researched and done in advance and saved on the computer to finish later. A few things like date of entry and flight or marriage date may not be decided yet. We planned to marry ASAP and file so I did it all in advance instead of spending the waiting days checking CEAC all day. Our packet was in the mail 10 days after POE.

Full disclosure There wasn't a CEAC status check when we did this. We just waited. We couldn't email the embassy or call them. I think the more tools people are given, the more stressed out they get and the faster they want to go. Things will happen when they happen and all this stressing is kind of wasted effort in my opinion.

Here's my AOS list, if you want to see how much there is to prepare and learn about.

https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/mobilebasic?authkey=CNXN_oQH

[-PiLoT- 11]

No, it is the beneficiary that is filing. The petitioner does an I-864 Affidavit of Support.

But that doesn't mean that I (petitioner) didn't have all the forms filled out for the beneficiary and said, "Here, sign this". Most forms can be researched and done in advance and saved on the computer to finish later. A few things like date of entry and flight or marriage date may not be decided yet. We planned to marry ASAP and file so I did it all in advance instead of spending the waiting days checking CEAC all day. Our packet was in the mail 10 days after POE.

Full disclosure There wasn't a CEAC status check when we did this. We just waited. We couldn't email the embassy or call them. I think the more tools people are given, the more stressed out they get and the faster they want to go. Things will happen when they happen and all this stressing is kind of wasted effort in my opinion.

Here's my AOS list, if you want to see how much there is to prepare and learn about.

https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/mobilebasic?authkey=CNXN_oQH

oh awesome thanks, im followign advice and im filling out as much as i can now with the exception of details i dont have like a number and SS number

one thing i have noticed

on my last g-325 for the -129f i filled out the years wrong i should have wrote i left 04/2012 but ive put 2012, obviously im assuming im gonna use the correct dates on this new one, will the error on first one screw me up any?

[Nich-Nick 3,353]

oh awesome thanks, im followign advice and im filling out as much as i can now with the exception of details i dont have like a number and SS number

one thing i have noticed

on my last g-325 for the -129f i filled out the years wrong i should have wrote i left 04/2012 but ive put 2012, obviously im assuming im gonna use the correct dates on this new one, will the error on first one screw me up any?

AOS is a brand new process so don't worry so much about your petition forms. A woman who marries would use her new married name. Don't forget the new G-325A will be different. For one, your marital status will say married. Your top line of employment will be Unemployed if you quit a UK job. Your address is a US address. Think about yourself as you will be in the future next August. Visa Journey has sample forms filled out to help you. What I did was print out when I finished and marked the fields that still needed something with a highlighter. Then when I got opened my forms to finish, I quickly knew where I left off so I wouldn't forget a blank.

You don't have to have a social security number to file, but you will have time to get one when you go in July since you aren't marrying immediately. Apply for it shortly after you arrive.

[-PiLoT- 11]

AOS is a brand new process so don't worry so much about your petition forms. A woman who marries would use her new married name. Don't forget the new G-325A will be different. For one, your marital status will say married. Your top line of employment will be Unemployed if you quit a UK job. Your address is a US address. Think about yourself as you will be in the future next August. Visa Journey has sample forms filled out to help you. What I did was print out when I finished and marked the fields that still needed something with a highlighter. Then when I got opened my forms to finish, I quickly knew where I left off so I wouldn't forget a blank.

You don't have to have a social security number to file, but you will have time to get one when you go in July since you aren't marrying immediately. Apply for it shortly after you arrive.

thanks dude you're a lifesaver.

one last thing the advanced parole, it seems only to be applicable IF i already have a known trip. is this right or do i need to fill it out regardless. im not planning on going anywhere but id like the option, or would i have to file an advanced parole IF i then heard of a trip outside USA?

[Nich-Nick 3,353]

File it. it's free. For a K1, no specific date required to be approved.

Dates: unknown or to be determined is fine. I think the newer version of the form may only accept date format and not words. I haven't tried it. Start browsing the AOS forum and reading the questions people ask. You can learn a lot by reading other people's questions and can avoid mistakes when you read mistakes other people made. Thinking about all your questions this early will make you a pro by the time to file.

[chrismorrison 96]

Nich-Nick, I have a question regarding the AOS packet-now, I know you always type what you mean and mean what you type and that if something is required, you'll explicitly state it, however I would like to confirm-do the photocopies need to be notarized or certified copies (aside from the marriage certificate)?

Edited April 14, 2015 by chrismorrison

[Nich-Nick 3,353]

There is nothing that needs notarizing anymore, except maybe if you are bringing a kid from the UK and need documented proof that the other parent gives permission. All the former things a decade ago that were notarized are not anymore. I think when you find a reference to notarized documents, it is probably hanging on from long ago practices. Photocopies of your personal documents are used in the application. If you go to an interview, you will take those documents in original form to be viewed.

A personal story--I had to submit proof of being an American citizen several times...petition, AOS, naturalization. I used a photocopy of my certified birth certificate. Nobody from USCIS ever laid eyes on the original. The only interview he had after London was his citizenship interview. He brought the originals of documents like they said. The lady said she didn't need to see them when he offered. Sometimes things can be sooo easy.

Read it from the USCIS http://www.uscis.gov/forms-filing-tips

--Submit the documents or evidence listed in the form instructions.

--Supporting documents must be in English or accompanied by an English translation.

--Submit copies unless original documents are requested. If you send an original document with your form, it will become part of the record and will not be returned to you automatically.

And this page http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

--USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

[chrismorrison 96]

Thank you!