AOS, I-94 and AP Questions!!... Please help with comments

[Hen & Yun 0]

Greetings to all...

US Citizen who married a B1/B2 has a series of questions!!!

I've researched the internet to read other stories and see how many other couples have delt with the immigration procedures. Some similar cases like ours have appeared very simple, yet I've noticed and understood now that each case is seen and treated differently depending on many individual case factors... but being new to the hecticness of the immigration process, we still have many questions...

My wife entered US on a leasure trip, but we've been dating for over two years and we decided to get married.

We filed I-130 and I-485 cuncurrently to the Chicago Lockbox (overnighted) on February 13, 2007:

Recieved NOA I-797 two weeks later and checks appear cashed in bank statement

My questions now are:

1.- My wife's I-94 expires April 7, 2007. What is her status clearly after this date if she continues to stay in the US?... Does the NOA1 indicate that my wife's status is now "AOS Pending" or will she be considered overstaying?

2.- Her NOA I-797 stated that the next step will be to get her Biometrics taken... Aprox. how long does it take to get the Biometrics appointment notice after recieveing the initial NOA?

3.- We were hoping to be able to go to Mexico and remarry there "religiously" to include symbolically her entire family and friends in our happy union, but when we filed I-130 and I-485 concurrently, we did not file for Advanced Parole.

If she files for AP before her I-94 expiration date, considering the AP notice takes at least 90 days to be approved... Again, will she still be seen as "overstayed" til notice is recieved? If AP is approved, would there be complications re-entering the US?

I've read positive stories about Advanced Parole, but again I understand that each case is fairly different.

A sincere appreciation to any comments and or suggestions on our case.

We thank you for your attention.

Hen and Yun

[Kez/JWolf 6]

1.- My wife's I-94 expires April 7, 2007. What is her status clearly after this date if she continues to stay in the US?... Does the NOA1 indicate that my wife's status is now "AOS Pending" or will she be considered overstaying?

Her Status will be Adjustment Pending... not overstay.

2.- Her NOA I-797 stated that the next step will be to get her Biometrics taken... Aprox. how long does it take to get the Biometrics appointment notice after recieveing the initial NOA?

Can be anything from a few weeks to a few months.... search for other from your area and check their timelines.

3.- We were hoping to be able to go to Mexico and remarry there "religiously" to include symbolically her entire family and friends in our happy union, but when we filed I-130 and I-485 concurrently, we did not file for Advanced Parole.

As your wife is doing AOS from a tourist visa it is not advised for her to use AP... AP does not ensure re-entry.. you would be safer to plan your trip and big wedding after you have Greencard...

Kez

[Hen & Yun 0]

Thanks Kez.... I was hoping she could still use AP.

What if it's an Emergency? Still not recommended?... I would just like to keep track of all the options?

[Kez/JWolf 6]

I was advised by our lawyer and by USCIS that it is not recommended for anyone doing AOS from a VWP/tourist visa... I will try and explain it here...

When your wife entered the US as a tourist both her legal self and her physical self were admitted to the USA.... when you use AP to re-enter the US your physical self is paroled in but your legal self is left at the POE... in the event of a denial of AOS because your legal self is not inside the USA you have very limited access to appeal and it is therefore easier for them (USCIS) to deport you...

We waited until I had my Greencard before we went home for a visit....

Kez