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ProbeGT

AOS from A2 visa - questions

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Posted (edited)

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 by ProbeGT

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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.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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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. 

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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?

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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/


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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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. 

 

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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.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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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

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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?

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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.

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Posted (edited)
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 by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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

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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.


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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