Change of status (O1), recently married

[rmpking 3]

Hello,

 

My husband and I recently got married here in the US three months ago and I am not slightly overwhelmed as I start to deal with the process for my permanent residency. We are hoping to avoid using a lawyer to save costs. 

 

I am Canadian and have been working in the US on an O1 visa (this is my second one and it expired June 2020). I understand I will be filing an adjustment of status. My husband and I currently live together in NY. 

 

I have a few questions... 

 

It is my understanding that once I file I cannot leave the country (or if I do need to there is paperwork involved), yes?

Will I be able to continue working as normal? It seems to me that after filing I'll get a temporary work authorization that will be used instead of my O1

I usually work places other than where my home is. Working in the arts sometimes I have a 6-8 week contract booked at another location in the US. How much notice is usually given before having to report for biometrics and interview?

 

Thanks for reading my post as I get started on this journey... mostly looking for some insights on adjusting status from a non-resident work visa to permanent residency.

 

Thanks in advance for your help!

[Sunnyland 639]

Is your husband an US citizen? 

[geowrian 22,336]

* Moved from IR-1/CR-1 P&P to AOS from Work, Student, & Tourist Visas *

1. If you exit without AP, your AOS case will be deemed abandoned. There are some exceptions for H and L statuses, but I don't think this applies to O-1.
2. Yes, you can work normally. No change of status has occurred by filing for AOS.
   1. If you obtain an EAD (I-765) you use that instead of O-1 status.
3. Usually a coupled weeks for biometrics and about a month(?) for interview.

[rmpking 3]

15 hours ago, Sunnyland said:

Is your husband an US citizen? 

Yes he is.

[NancyLyz 58]

On 9/2/2018 at 12:30 PM, rmpking said:

Hello,

 

My husband and I recently got married here in the US three months ago and I am not slightly overwhelmed as I start to deal with the process for my permanent residency. We are hoping to avoid using a lawyer to save costs. 

 

I am Canadian and have been working in the US on an O1 visa (this is my second one and it expired June 2020). I understand I will be filing an adjustment of status. My husband and I currently live together in NY. 

 

I have a few questions... 

 

It is my understanding that once I file I cannot leave the country (or if I do need to there is paperwork involved), yes?

Will I be able to continue working as normal? It seems to me that after filing I'll get a temporary work authorization that will be used instead of my O1

I usually work places other than where my home is. Working in the arts sometimes I have a 6-8 week contract booked at another location in the US. How much notice is usually given before having to report for biometrics and interview?

 

Thanks for reading my post as I get started on this journey... mostly looking for some insights on adjusting status from a non-resident work visa to permanent residency.

 

Thanks in advance for your help!

1. Once you file, until you receive your combo card (Advanced Parole for Traveling especially), don't leave the country. You leaving the country without AP, from USCIS perspective, means you abandon your application. Once you've received your AP, you can travel.

2. You can continue working since your O1 visa won't be invalid just because you filed for aos. 

3. Biometrics and interview notices usually get delivered about 4-8 weeks before the scheduled date. For biometrics you can always walk in early if you have the notice in hand (I walked in mine 2 weeks earlier than the scheduled date). For interview, I don't think it's a wise idea to reschedule since it can take forever to get a new interview date. Based on your local office timeline, you can have a rough idea when the interview dates will be (within a few months range), so you can plan your work ahead of time.

 

 

[geowrian 22,336]

4 hours ago, NancyLyz said:

2. You can continue working since your O1 visa won't be invalid just because you filed for aos. 

O-1 status is what matters, not the visa (although the visa would remain valid as well).

4 hours ago, NancyLyz said:

For biometrics you can always walk in early if you have the notice in hand

This depends on the ASC. Some accept walk-ins. Some do not. Call ahead if unsure.

[NancyLyz 58]

2 hours ago, geowrian said:

O-1 status is what matters, not the visa (although the visa would remain valid as well).

This depends on the ASC. Some accept walk-ins. Some do not. Call ahead if unsure.

Ah that's true.