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Matt&Jen

Wait to do Aos?

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Hello...

Need some advice.  

My wife and I were married July 27. She came via k1. 

Due to a bit of financial struggles due to wedding etc., we thought to submit her work permit first, then, when we have the fee for AOS submit that.  Was originally wanting to submit both at the same time, and save having to pay additional fees. 

 

Her 90 day visa will expire September 7. Not sure if that will have any bearing on the process considering we are married now. 

 

A supplement question is...concerning having health coverage, does the initial AOS filing require that or does that information come later..?

 

Thank you!

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The ead that can be applied before applying for aos costs about $700 and it will only be valid until her i94 expires.  And it most likely won’t be granted before that so it will be a waste of time and money.

 

if you apply for ead with aos the ead won’t cost you anything. 

 

Save up, borrow or use the credit card and hurry up to file for aos - it’s no fun for the foreigner to be without a status and not being able to do stuff

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Don't waste the money or time to file for an EAD now. It'll take a few months at best and expires on Sept. 7th anyway (obviously she can't keep working when she's not in the US legally anymore). See the problem?

 

File for AOS and the EAD (and AP!) together. No extra fee for the EAD or AP there either....win-win.

 

Health coverage is not required at any point. It's just a very wise thing to do as the cost of not having it can be much, much, much more expensive.


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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The EAD without AOS is a non-starter. People have waited decades to file AOS, but keep in mind the rules can change any time.  Health coverage doesn't really have anything to do with anything.

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Also worth noting is that you can pay USCIS lockbox fees by credit card, and paying credit card interest for a few months is way, way better than delaying filing for AOS.


K-1                             AOS
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10
Arrived at NVC:  2018-12-03     Interview Date: 2019-09-25
Arrived in Moscow: 2018-12-28
Interview date: 2019-02-14
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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1 hour ago, Matt&Jen said:

Yes, I am currently working two jobs. Full time and part time.  

Most likely will be able to file AOS end of September/Early October.  

 

 

thank you everyone for the responses. Truly appreciate it. 

It really behooves you to file AOS as soon as possible after your marriage. After her I-94 expires, she is, in essence, out of status. What with all of the ongoing local and national news of  enhanced CBP and ICE enforcement, i.e., roving and random checkpoints near the southern border, being out of status is not the place to be. If snared by one of those checkpoints, the foreign spouse may be detained until a hearing before an immigration judge, to plead their case.

 

It is possible to avoid these real concerns, with the filing of the AOS/EAD/AP applications (and receipt of the NOA1), the foreign spouse is then granted a "special stay" status due to the AOS filing. I mention AOS/EAD/AP concurrent filing as that when done in that manner, there are no additional fees with the EAD/AP applications filing. See the Special Instructions link on this USCIS link for more information: https://www.uscis.gov/i-485 .

 

Good luck on your immigration journey.


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

"Si vis amari, ama" - Seneca

 

 

 

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1 hour ago, DaveAndAnastasia said:

Also worth noting is that you can pay USCIS lockbox fees by credit card, and paying credit card interest for a few months is way, way better than delaying filing for AOS.

No credit cards. 

At the moment I am about $400 shy of what we need. 

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I'm sure you know this, but it's also worth noting that if you don't apply for AOS until October or November, she won't just be out of status by a few days, but 2-3 entire months.  That's not something to take lightly, especially not with what's been happening to some immigrants lately.  It really does make more sense to apply for the AOS, EAD, and AP all at the same time, and as soon as possible, as the EAD will not be approved before September 7 so she won't be able to work anyway.

 

Would it be possible to use the cash now and get a credit card to float living expenses for a while?  Or borrow from family or friends? 


 

K1 Process:

 

Spoiler

8/20/2016: I-129F packet mailed

10/20/2016:  NOA2

1/20/2017: Interview (approved!) 

1/27/2017: Visa receive

2/20/2017: POE Philadelphia

3/18/2017: Wedding!

 

 

Adjustment of Status:

 

Spoiler

 

5/11/2017:  I-485, I-131, and I-765 packets mailed to Chicago lockbox

5/18/2017:  Three text/email NOA1's received

5/22/2017:  Three hard copy NOA1's received with a priority date of 5/15/2017

5/26/2017:  Biometrics appointment letter received

5/30/2017:  Biometrics completed (walk-in, East Hartford, CT ASC) 

6/15/2017: I-485 case status changed to "ready to be scheduled for interview." 

8/9/2017:  Service request for I-765 submitted online

8/28/2017: Second service request submitted online

8/28/2017: Submitted case request to Congresswoman. 

9/7/2017: Third service request for I-765 submitted online

10/7/2017:  EAD/AP combo card received (146 days from PD)

11/9/2017: Text/e-mail notification of interview date (179 days from PD)

11/14/2017: Receive hard copy I-797C

12/14/2017: Interview! (214 days from PD)

12/18/2017 Approval notice received with a notice date of 12/14/2017

12/30/2017: GC received (230 days from PD)

 

 

Removal of Conditions: 

9/15/2019: ROC window opens

9/16/2019: Packet mailed to Dallas, TX PO Box

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On 8/20/2019 at 5:43 PM, Hawksquill said:

I'm sure you know this, but it's also worth noting that if you don't apply for AOS until October or November, she won't just be out of status by a few days, but 2-3 entire months.  That's not something to take lightly, especially not with what's been happening to some immigrants lately. 

Fear mongering nonsense.

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