AOS from A2 visa - questions

[ProbeGT 47]

Looking for advice on my adjustment of status case.

 

Me:

1. USC

2. Divorced.  Ex-wife is overseas. 

3. Previously filed an I-130 for my ex-wife but we divorced before the process was done (she didn't even attend the interview). The divorce was done overseas via POA, but we followed all legal requirements of that country.  I will make sure to mention that I was previously married on the I-130.

 

 

My future spouse:
1. Has an A2 visa, works at a consulate/embassy (obviously)
2. Divorced in home country (all legal procedures followed as well)
3. Ha previously traveled to the US on a tourist visa as well.

 

 

A few questions:

1. From what I have read, and from what a lawyer told me, once my fiancee quits her job, her A2 visa is invalid and is technically "out of status".  However, marriage to a US citizen forgives out of status, so it may not matter much.  So is it better for her me to file while she has her job, and then she can quit after I get the receipt, to be on the safe side?

 

2. Will my overseas divorce be of any issue?  

 

3. Is our case complicated enough to need a lawyer?

 

Thanks in advance

 

Edited August 28, 2019 by ProbeGT

[Just Paul 4,595]

15 minutes ago, ProbeGT said:

1. From what I have read, and from what a lawyer told me, once my fiancee quits her job, her A2 visa is invalid and is technically "out of status".  However, marriage to a US citizen forgives out of status, so it may not matter much.  So is it better for her me to file while she has her job, and then she can quit after I get the receipt, to be on the safe side?

 

2. Will my overseas divorce be of any issue?

1 - File the I-130 and AOS after getting married and before quitting her job.

 

2 - as long as you have the original or certified or an apostille copy, you are good to go.

 

3 - your choice.   It doesn't sound overly complicated.

[USS_Voyager 1,972]

1. I would do the “safe side”

2. Nah, if you have all the paperwork in order, shouldn’t be a problem. If it’s in a different language you have to translate to English.

3. Up to you. 

[ProbeGT 47]

I should add that I'm somewhat familiar with the process, though I think we will also need to file forms I-508 and I-566 since the beneficiary is an A2 visa holder. 

[ProbeGT 47]

I just wasn't sure what constitutes "complicated" enough to need a lawyer.  I did get a quote, and the lawyer will even attend the interview with us, so I am debating. 

 

Do lawyers always attend the interview if they file an AOS case?

[Just Paul 4,595]

13 minutes ago, ProbeGT said:

Do lawyers always attend the interview if they file an AOS case?

Rarely, while they can attend, the can not answer questions.

 

https://dyanwilliamslaw.com/2018/01/5-benefits-of-having-immigration-counsel-at-in-person-interview-with-uscis/

[USS_Voyager 1,972]

14 minutes ago, ProbeGT said:

just wasn't sure what constitutes "complicated" enough to need a lawyer.

This is just my own opinion but if it’s just basically filing paperwork and make sure everything is correctly filled out and all the support docs are there, you’re much better than a lawyer, because you’re the one who cares about your case the most. 

 

[ProbeGT 47]

1 hour ago, Paul & Mary said:

Rarely, while they can attend, the can not answer questions.

 

https://dyanwilliamslaw.com/2018/01/5-benefits-of-having-immigration-counsel-at-in-person-interview-with-uscis/

Ok.  The quote I got (close to $3000) includes interview attendance so I wasn't sure if that was standard or not

[Just Paul 4,595]

1 hour ago, ProbeGT said:

Ok.  The quote I got (close to $3000) includes interview attendance so I wasn't sure if that was standard or not

There is no standard.  Each case is different.  How much does it cost to build a house?

 

The cost is going to depend on the particulars.  Anyone who throws out a number without determining what is involved in the case is more interested in the money and not in your success.

[Mollie09 1,543]

14 hours ago, ProbeGT said:

Ok.  The quote I got (close to $3000) includes interview attendance so I wasn't sure if that was standard or not

My lawyer attended the AOS interview and was actually asked a question directly by the officer during the interview

[ProbeGT 47]

22 minutes ago, Mollie09 said:

My lawyer attended the AOS interview and was actually asked a question directly by the officer during the interview

Was it a question that you would not have been able to address yourself?

[Mollie09 1,543]

1 minute ago, ProbeGT said:

Was it a question that you would not have been able to address yourself?

Sort of. It was about an answer to one of the yes/no questions that was worded poorly and made it not straightforward in my specific situation. The officer asked my lawyer if she wished to change the answer based on my answer to another question, she said No. It was non-trivial, but if I had studied it up beforehand I'd been able to answer it myself. It was a little nerve-wracking though, and felt good to have her answer with certainty.

[arken 4,197]

18 hours ago, ProbeGT said:

I should add that I'm somewhat familiar with the process, though I think we will also need to file forms I-508 and I-566 since the beneficiary is an A2 visa holder. 

Yes you would need that if filing for AOS before she leaves her job. If she leaves her job before filing for AOS and is already out of status, no beed of those forms.

Edited August 29, 2019 by arken

[ProbeGT 47]

For any visa that is linked to a job (such as A2, H1B, etc) when does one need to quit their job?

 

I understand that once the application is accepted by USCIS, then we will be in "applicant" status and no longer have work authorization. 

 

So when does she need to quit her job?  We don't want to be "out of status" at any point in time

[geowrian 22,337]

14 minutes ago, ProbeGT said:

For any visa that is linked to a job (such as A2, H1B, etc) when does one need to quit their job?

 

I understand that once the application is accepted by USCIS, then we will be in "applicant" status and no longer have work authorization. 

 

So when does she need to quit her job?  We don't want to be "out of status" at any point in time

Let me try to clarify something...

 

"Status" refers to one's current immigration status in the US. Once they violate the terms of their status, they will be out of status. So by quitting the job, since their status is linked to the job, she will be "out of status".

"Applicant" is not a status.

Filing an I-485 does not change one's status. A properly filed I-485 application grants a period of authorized stay. This prevents the accrual of unlawful presence, and for all intents and purposes, permits her to remain in the US while her case is adjudicated.

 

Unless she remains employed until her I-485 is approved, there is no way to avoid her being out of status. But so long as she files the I-485 before losing status, it's a non-issue.