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UnitedStatesGuy

AOS from ESTA/VWP

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Hi all. We are filing our AOS paperwork this week. We married while under ESTA/VWP, and are filing AOS after the 90 day grace period. On the i-485 do I need to put "Out of Status" for current immigration status? I assume so... right?

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What "grace period"? I'm assuming you mean period of legal status given at entry.

 

Out of status is fine.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

What "grace period"? I'm assuming you mean period of legal status given at entry.

 

Out of status is fine.

Yes, I mean we're filing past the 90 days that an ESTA lasts. There is a question on the i-485: "What is your current immigration status (if it has changed since your arrival)?" 

It would be WT if the ESTA wasn't expired, but I am guess that I need to put "Out-of-status" since we are way past the 90 days. Am I correct?

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1 minute ago, UnitedStatesGuy said:

Yes, I mean we're filing past the 90 days that an ESTA lasts. There is a question on the i-485: "What is your current immigration status (if it has changed since your arrival)?" 

It would be WT if the ESTA wasn't expired, but I am guess that I need to put "Out-of-status" since we are way past the 90 days. Am I correct?

ESTA is just a travel authorization to board the flight. VWP is the program one enters with. WT would be their status. :)

 

Out of status is fine for current status. Their class of admission would be WT.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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7 minutes ago, UnitedStatesGuy said:

On the i-485 do I need to put "Out of Status" for current immigration status?

Put "No status." It's recommended to also submit I-765 and I-131; they are free to file in your case.

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Just now, geowrian said:

ESTA is just a travel authorization to board the flight. VWP is the program one enters with. WT would be their status. :)

 

Out of status is fine for current status. Their class of admission would be WT.

Thank you!!! So helpful!

The only other question on there I'm not 100% sure about is the: "Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?

I think I check "No"...

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2 minutes ago, HRQX said:

Put "No status." It's recommended to also submit I-765 and I-131; they are free to file in your case.

Will do. I wish calculating the fees were easier. My math gives me $1225 for the 485 packet and $535 for the 130 packet. 

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Just now, UnitedStatesGuy said:

Will do. I wish calculating the fees were easier. My math gives me $1225 for the 485 packet and $535 for the 130 packet. 

Yes.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Just now, HRQX said:

Yes (I assume you are younger than 79). USCIS also accepts payment by credit cards and debit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

I got excited when I saw the credit card form (I don't want my AOS to be sent back due to bad check amounts) but you still have to put the authorized dollar amount on there. 

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