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Hi,
I’m a Canadian on TN and have been in US for over 10 years. I’m recently engaged and looking over the AOS package and have a few questions:
- Am I applying for AOS too soon? - Our wedding is not until next year July/Aug (destination wedding) so we need to get our marriage license at home anyway (NYC). We were thinking of getting our marriage license this Nov/Dec and then applying for the green card right afterwards. Should I be concerned about applying so quickly? I saw read somewhere about being married for 2 yrs before applying but being on TN I can’t do that. My TN does not expire until July 2014 but we travel a lot and am concerned about that condition I read about ‘temporary’ intent and being engaged when crossing borders.
- Also, since I’ve been here for over 10 yrs, I should be able to submit I-864W (waiver). Has anyone had any experience with this and are there any concerns?
- Do you recommend consulting with a immigration lawyer to check over everything?
Any advice or help would be most appreciated. So glad to have found this site. Thanks!
I was in the same boat and filed for AOS this past April and approved in June. I also had a destination wedding. A few simple rules:
- At the border don't over-answer or offer up any additional information. Just answer their question(s). I crossed many times using my TN while engaged and married prior to filing for AOS.
- Going from TN to AOS is NOT a problem. And you can file a minute after you have a valid marriage license.
- Once you file for AOS, you CANNOT travel. You should file for Advance Parole the same time you file your AOS. Once you receive Advance Parole (usually in 60 - 70 days) you can travel again.
- I-864W is doable and I did it. Just ensure you have enough credits -- you can get this report by visiting any social security office. I included a copy of my eligible credits via the Social Security report with my I-864W.
I did NOT use an attorney. I used this site and this book from Amazon (which I found prior to the site): http://www.amazon.com/Fiance-Marriage-Visas-Couples-Immigration/dp/1413317375/ref=dp_ob_title_bk
You can read about my interview experience here: http://www.visajourney.com/forums/topic/360160-april-2012-aos-filers/page__view__findpost__p__5502110
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Venting and frustated. We said this before, but we filed our AOS in November '11 and we are still waiting on a decision. Our field office is DC. Our case was transferred to CA for quicker processing (We don't know why it's called quicker processing when it's taking longer than 180 days). When we called NBC, we were told that our case was within normal processing time therefore we could not get a service request. We had to speak to a supervisor to find out what was normal processing time. We were told that our field office was procesing cases for August. Now they are processing cases for September. We asked what our field office has to do with the processing since the case was sent to CA and were told that the case goes to CA for part of the processing and then is transferred to DC for the final processing.
How true is this? The supervisor transferred the call to someone else who said that we should call back in 3 months because the case was in normal processing time. Three months would make it about 10 months since the case was filed.
From looking at the timeline for DC processing, it appears cases were being processed within 180 days up until about sometime in August '11. The question is what happened around that time to have them slow down to almost a hault? Does anyone know?
At this point, it's looking like it's taking DC longer than 7 months to make a decision. The only hope seems to be getting an interview appointment (at least from the look of it)a decision will be made, for the most part, right away.
Some have contacted their Congressman. It worked for some but not for all. Some have done an inforpass, again it worked for some and not for all. Has anyone tried contacting their Congressman or scheduling an infopass with the DC office regarding an AOS for a K-1? What was your experience? It probably would not hurt to do both, we guess? After all we will still be waiting, waiting, waiting, waiting
Your case was transfered to the CSC. It is *very* unlikely that it will be transfered back to DC for an interview. The normal processing time for AOS from the CSC is 8 - 10 months; some cases depending on origine are more difficult and more complex than others. You can do one of two things: maintain patience and wait for your application to be processed -- you aren't out of status. Alternatively you can get in touch with your state government representative and have them lodge a request for you.
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Also my H1B is being filled this year.Can I enter back to US on H1B even when my AP did not get approved by the time I leave US?
Yes. As an H1B has dual intent. It also serves as Advance Parole. That said, with AOS taking approx. 4 - 6 months. It is best not to risk travel and stay within the US until you receive your green card. Some people have been known to have been refused entry on return to the US when traveling with H1B and/or AP. Every entry is gamble and is up to an officer who can be subjective.
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I have no idea how to describe it. It's black and rectangular and has silver metal handle like things that you use to pinch it open, but they can also be folder forward so that they don't add bulk to the paper. Hmmm...maybe google it? I don't think bulldog clips are quite the same.
That's a binder clip.
Use paperclips to hold multiple supporting document sheets together and use the binder clips to hold applications together (i.e. I485, I130, etc.)
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hey everyone interview is in 3 days ... so nervous
....just wondering if ye could help me out on what i should bring with me to interview do i have to bring another copy of the AOS package again ?
Read my interview experience. You can see exactly what I brought to be successful: http://www.visajourney.com/forums/topic/360160-april-2012-aos-filers/page__view__findpost__p__5502110
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So,
The biggest bane with getting the final bits of our package together, doesn't appear to be the forms themselves, its packaging them up.
Now I know, its not going to get denied because of a mis-placed clip, however I wanted to ask everyones opinion on what it is they have done, to get the package as accessible as possible.
So, firstly, how did everyone separate the two main documents, I-130 and I-485? I have these beige folder things, that are basically A3 bits of card folded in two that I have been using whilst preparing. Can I use these? My only concern is that all in all my I-485 is about 300 pages long (tax returns) so they won't fit in them very comfortably. What did everyone else use to separate them? Can I use two separate envelopes to separate them, and seal them up, and put them both inside the main package?
Then, how did every arrange the documents inside each package? For example, my I-130, has a lot of single sheets of evidence, and some that are more than one page (for example, my birth certificate in two pages long). Up to now, I have a paperclip on everything that is more than one page long, and everything that is a single page, I have use left loose, all in the order stated on the cover sheet. Is this going to work?
Use paperclips. No staples. No need to separate the applications with folders. Just make sure the USCIS application page(s) (I485, I130, etc.) are on the top of the paperclipped bundle. When your package is received it is immediately taken apart and two holes punched in the top of each page and put into their own folders. The USCIS will immediately discard any paperclips, folders, etc. that you've included. Just make sure everything is logically separated and easy to understand which packet is for which application (I485, I130, etc.)
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Hi
My green card was approved today for a 2 yrs conditional and was given a letter before we left the room. The IO took all my I 94s and my employment auth card. My question is,
Will the green card be the replacement for my employment card?
Does it really take 60-90 days for the card to be received?
Thanks for all the help,
You will receive your green card in 8 - 10 days; NOT a couple of days. They are generally printed on Thursday, so you can likely expect your green card to be delivered next Saturday or next Monday. You will get a notification from the USCIS when your card is picked up by the USPS.
The green card replaces the EAD + AP card.
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Oh okay! I hope mines comes today or tomorrow! I got ups pick up yesterday at like 9pm
It will be delivered tomorrow unless you live within the sorting stations delivery radius.
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A question that came up in an unrelated discussion: Which line do green card holders go through
when going through airport customs and immigration?
U.S. Citizen line. Alternatively, you can now apply for Global Entry. Well worth it if you travel internationally on a regular basis -- http://www.globalentry.gov/.
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C O N G R A T U L A T I O N!!!
Thank you so much, my interview is next Wednesday at the same office, hope to have the same experience.
Did she never explain to you anything about ROC (two years conditional)?
Thank you for your explanation was very neat and detailed.
Good luck!!!
There was no mention of the ROC process. In the I485 approval letter it includes a second letter that details the ROC process and when you become eligible to submit I-751 paperwork.
Good luck next Wednesday. If you are as prepared as we were you will have no problem.
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AOS Interview Experience - Houston, TX
USCIS Location:
16504 Central Green Blvd
Houston, TX 77032
Google Maps: http://goo.gl/maps/ZESZ
Preamble
My interview for Adjustment of Status (AOS) was from a non-immigrant work visa and my U.S. Citizen wife was my petitioner. We did not require a co-sponsor as her income is above the minimum threshold to support a family of 2. We completed all of our forms with assistance from the book "Fiance and Marriage Visas: A couple's complete guide to US immigration" -- http://amzn.to/P7durd. We had the book prior to locating this site. During the AOS process we did not receive any Requests for Evidence (RFE).
Interview Preparation
We spent a considerable amount of time preparing for the AOS interview. We created a binder that contained the following:
- Original and color copy of all notices we received from the USCIS
- A complete copy (forms and supporting documents) of the original AOS filing we sent to Chicago (I-130, I-485, I-131, I-765, I-864)
- Original and color copy of all evidence related to our bona fide marriage (10 pictures with descriptions and dates, leases, travel itineraries, financial information, etc.)
- Bona fide marriage copies and originals were all held together with paperclips and easily accessed. I also provided a table of contents for easy review by the Immigration Officer (IO)
We spent no time practicing prior to the interview. I figured this would just make us nervous and it wasn't really required. USCIS isn't expecting you to know your spouse's every move. If you answer 95% of the questions correctly, you'll be fine.
Interview Day
We had an early morning interview -- 7 AM. We put on business slacks and button down shirts as we do for the office. We arrived at approx. 6:30 AM to find that we were not the first ones there. Please note that the USCIS building is up near George Bush Airport (IAH). If you live south of the location, Hardy Toll Road is the best method of access -- make sure you have an EZTAG as the toll booth heading to Central Greens Blvd is EZTAG only.
It took approx. 5 minutes to get through security. Similar to the airport you are subject to security screening using magnetometers and you need to take your shoes off. So make sure you can navigate security with relative ease. Don't wear difficult to remove cowboy boots, heavily laced up shoes, etc. Security will also verify your appointment letter -- make sure you have it in your hand as you walk into the building. Once you pass security, there's a small window directly to the right -- hand your interview letter to the person working. They will provide a sheet of paper to fill out (basic information) -- they have very few clipboards and pens. You should plan to bring your own pen.
You then take a seat and wait for your name to be called. I would recommend sitting as close to the brown door as possible to ensure you can hear the IO say your name. Many of them are soft spoken and it can be difficult to hear them 30 feet away if you're in the back of the room. From what I can tell, most if not all of the IOs are on time. We were called in right around our interview time by a very polite middle aged woman. She greeted us with a smile, introduced herself at the door and then led us to her office which was a few hundred feet away. We made small talk on the way to her office -- clearly she was gearing up for a busy day. All IO's interview 8 AOS applicants a day. So it is back to back all day, every day.
We were sworn in at her desk. She looked over our file to remind herself of who we were. She asked for our ID (passports, state ID, I94, SSNs, and EAD). She then let us know that I would answer details regarding my wife and vice versa. Full legal name, date of birth, current address, city and state of birth (and/or country) and date of marriage. She asked whether or not I had left the country since applying for AOS and prior to receiving Advance Parole. Finally she asked for evidence of our relationship and marriage -- I preceded to give her color copies of all the information I brought showing a bona fide relationship and marriage. A second reminder, bring copies for the IO -- they do not have time to deal with making copies. She flipped through our wedding album and handed it back. She didn't keep any pictures, my I94, EAD, etc -- just copies of the other evidence mentioned above.
She thanked us for our time. Asked if we had any additional questions. And let us know that she would render a decision in the next 30 days. We had simple banter on the way back to the brown door and we were off.
Post Interview
On the walk to the parking lot -- no more than a few hundred feet from the main building I received an email stating that card production had been ordered on my I-485. She must have done this while we were still in her office. And subsequently we've received the NOAs for the I485 and I130 approvals.
Postscript
Over the last decade I have interacted with many aspects of U.S. Immigration and Border Patrol. From simply entering the country for a tourist visit to work visas and finally the AOS process. I can say without a doubt the staff at the USCIS Houston office are the most professional, polite and punctual individuals I have interacted with. It is an understatement to say that it was a pleasure working with them on our interview date.
If you are appropriately prepared and your marriage is legitimate, then you have absolutely nothing to worry about. The IO's will treat you with the utmost professionalism and respect.
Timeline
[01] 04.19.2012: FedEx completed package to Chicago
[02] 04.20.2012: FedEx delivery confirmation
[06] 04.24.2012: Email action: I485, I130, I765, and I131 received
[10] 04.28.2012: NOA (I-797C) I765, I131, I485, I130
[13] 05.01.2012: ASC Appointment (I485 + I765) Biometrics [scheduled for May 15]
[17] 05.05.2012: Walk-in biometrics appointment completed
[35] 05.24.2012: Interview scheduled
[37] 05.26.2012: NOA (I-797C): Interview notice
[60] 06.18.2012: Email action: I765 approved and sent to printing
[61] 06.21.2012: Email action: Second notice I765 approved and sent to printing
[66] 06.24.2012: Email action: I765 mailed
[66] 06.24.2012: Email action: I765 picked up by USPS
[68] 06.26.2012: EAD + AP Card delivered via USPS
[71] 06.29.2012: AOS Interview
[71] 06.29.2012: Email action: I485 approved and sent to printing
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You should follow this guide: http://www.visajourney.com/content/i130guide2
Once filed and provided you don't receive any Requests for Evidence (RFE) you can expect to receive your work authorization within 90 days. Fees are currently $420 for the I-130 and $1,070 for the I-485. You will also need to complete a medical that will cost you some amount of money -- this generally ranges from $100 - $500 depending on the doctor and if you need additional vaccinations.
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shooli, I'm with you... nothing!
So, I decided to send in my app for AP and EAD. A little bird told me that there's quite a backlog in some areas, so I should go ahead and get these documents. I mailed them off this morning - Day 87 of my Visa Journey. (can any one tell me if I can get a driver's license with the EAD?? Please say yes!).
I don't expect to hear from Orlando till at least August or September, maybe later. That's how far behind they are (according to uscis.gov, they're only just touching apps from Dec last year). Also, my case is a little more unique that the straight forward Petition and AOS, because I abandoned my residency 9 years ago. So, I think they are dragging their feet a little as they scratch their heads over that one.
You can get a DL with an EAD. The DL will only be valid for the length of the EAD. Majority are valid for 12 months.
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I485 and I130 approved on the spot. First interview of the morning (7 AM). 10 minutes with the IO. Email of approval in the parking lot. Timeline:
[01] 04.19.2012: FedEx completed package to Chicago
[02] 04.20.2012: FedEx delivery confirmation
[06] 04.24.2012: Email action: I485, I130, I765, and I131 received
[10] 04.28.2012: NOA (I-797C) I765, I131, I485, I130
[13] 05.01.2012: ASC Appointment (I485 + I765) Biometrics [scheduled for May 15]
[17] 05.05.2012: Walk-in biometrics appointment completed
[35] 05.24.2012: Interview scheduled
[37] 05.26.2012: NOA (I-797C): Interview notice
[60] 06.18.2012: Email action: I765 approved and sent to printing
[61] 06.21.2012: Email action: Second notice I765 approved and sent to printing
[66] 06.24.2012: Email action: I765 mailed
[66] 06.24.2012: Email action: I765 picked up by USPS
[68] 06.26.2012: EAD + AP Card delivered via USPS
[71] 06.29.2012: AOS Interview
[71] 06.29.2012: Email action: I485 approved and sent to printing
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EAD and AP are approved by the same adjudicator at the same time. They rarely update both statuses. If your I765 is approved, so is your I131. You're good to go.
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hi everyone! hoping to get some advice/expertise to some questions about our situation.
we filed for AOS a few months ago with application for EAD/AP.
my wife has not yet received her EAD/AP documents. we only received notice last friday (june 22) that she was approved for the EAD/AP.
today (june 27), we had her AOS interview and the officer told us he was recommending us to be approved. he did not, however, stamp her passport with a temporary grreen card.
he said my wife would have to come back and file an infopass appointment to get a temporary green card stamped in her passport if she needs to travel before receiving the actual green card. my wife actually needs to travel out of the US next week for some imporotant matters in her home country. is getting a temporary green card stamped a normal procedure for those who have 'been approved' for a green card? what do we need to bring (if anything)? we didn't get any documentation from the officer with his recommendation. also - does the green card let her travel & work in the US?
ALSO, was wondering about the EAD/AP card that we're supposed to receive - does that have any value now that we've been approved for a green card? it seemed like the officer was saying that neither of those have any use since she's been approved. is that true? if she gets that card in the mail, can she use it to travel out of country?
thanks for any help - we're new to all of this!
The EAD + AP card you will receive has NO value. It is useless now that you've been approved for a green card. When you receive it, you should file it away and never use it. When you make your InfoPass appointment, be certain to bring your I130 and I485 NOA receipts. The IO will check your status and stamp your passport. That is good for travel until your card is received.
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If we decide to get married AFTER the 90 days, what would happen?
Will we be NOT allowed to file for AOS or can we pay extra fees, etc? If yes, then would it matter if we marry on the 95th day or the following year?
Your contract with the U.S. Government is that you'll get married within 90 days of arrival -- the wedding just needs to be legal (courthouse). The ceremony can come later. If you do not get married within 90 days, you must return to your home country. You are without status and subject to deportation.
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I received a notice from uscis yesterday stating that my employment authorization card was approved and will be in themail son. does anyone know how long it usually takes to get it inthe mail? kinda excited1 really wanna go get a social security card and a drivers license! and how long after do you usually get an interview for that aos?
Expect to receive your EAD in approx. 10 days. You'll receive a second 'in production' email in approx. 5 days. And then a USPS pickup email a day or two later. And then approx. 2 days in the regular mail.
Your interview notice really depends on each individuals case -- more specifically number of places you've lived within the US and what country you're originally from. Some background checks take longer than others. RFEs will also delay the process.
The majority of people receive their interview notice within 90 days of filing and their interview generally takes place 1 - 1.5 months following the notice of interview.
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Phew! Thanks. So in fact the prefix has no relevance at all to where it was issued.
Mild panic over!
1936 - 2011 it had relevance. Following the implementation of the 2007 ruling in June of 2011. The first 3 digits of your SSN are no longer attributed to a specific state.
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Erm, that's very interesting. I did not know this information so double checked.
If I applied for a SSN in North Carolina, was issued the SSN in North Carolina and live in North Carolina how the hell did I get a number starting 010, which according to this list is Massachusetts?
In 2007 the Social Security Administration decided they needed to randomize some of the SSNs as some states were starting to outgrow their initial allotment of SSNs given to them in 1936. As a result, depending on what state you live in (i.e. the more popular states) will now receive some SSNs that were previously assigned to other states.
You can read more about it here: http://www.ssa.gov/employer/randomization.html
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Ok, forgive my ignorance, but I have a question regarding the SSN. After my fiance was here a couple of weeks, we applied for, and received a SSN. It begins with the numbers 001, and the lady working at our local DMV led us to believe that it is only a temporary number. Will he be issued a different number, or is this the only one? I understand that the card now states for work purposes, and he does have a valid EAD. I guess we're wondering if this is the number he can use to start building credit with. Thanks everyone!
The lady at the DMV provided inaccurate information. There are no temporary social security numbers -- that's what the ITIN is for, basically. 001 is issued by the state of New Hampshire. If you applied within NH, you get a social that starts with 001, 002 or 003.
Do NOT expect to receive another SSN. The one you have is permanent.
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Hi,
I married a US citizen and we have our applications for I-130(Petition for Alien Relative), I-485(Application to Register Permanent Residence), and I-765(Application for Employment Authorization) with the USCIS Chicago under processing. I came here in America as a visitor and marry my husband here. My Visitor's visa is nearing expiry in a couple of weeks, IS IT NECESSARY FOR ME TO PROCESS EXTENSION OF MY VISITOR'S VISA EVEN IF MY APPLICATION FOR PERMANENT RESIDENCE IS NOW IN PROCESS?
I need urgent help please.
D
Your status is automatically changed when you submit an I485. You're in a 'status pending' bucket until your I485 is adjudicated. Do NOT submit any additional paperwork for an extension.
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All these people with interviews, makes me wonder if I will ever get a notice for one? My case was transferred to California Service Center. I've been told that if gets transferred there I don't get an interview, is this true?
That is generally true -- although, your case can still be sent back to your local USCIS office for an interview. Chances are you do not need a second interview. However, your I485 approval is likely to take 6 - 10 months at the California Service Center (CSC).
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I'm Canadian, and my now wife is American. We drove through the border back in December, and were met with some resistance. We had to go in and talk to someone and it was pretty stressful. It looked like I was bringing a lot of stuff, so it seemed like I wasn't going to return (Computer, consoles, Rock Band, etc), when in reality it was just clothes and video games. I originally came in to stay with a family member I hadn't met in Boston for about a month, and the person driving (my wife) lived just outside of there so it worked out, we had known each other online at the time.
After they were satisfied they let us through. We got married at the beginning of this month, and I'm now looking into AoS. However, some stuff on the form I have no clue what to put. If anyone could help clarify what they're after or what I should put, that'd be a huge help.
Part 1:
Address - Do I put my current or my old Canadian address?
US Social Security - I can't put N/A on the computer, should I print out the form and hand write everything instead?
A# - Same as above
I-94# - Neither of us remember filling out an I-94. We talked to the guy at the border while in the car for a couple minutes, and he directed us to go inside the building. We waited and talked to another guy and after a while he let us through. Never saw an I-94 to my knowledge. What do I put here?
Current USCIS Status - I have no clue what this means/asks for.
Expires on - Same as above
Part 2:
Give your name exactly as it appears on your form I-94 - ?
Nonimmigrant Visa Number / Consulate where Issued - "Canadian Visitor" in both fields?
Date Visa Issued - N/A?
Any clarification is appreciated.
1. Put your current U.S. address; you'll need to provide your previous Canadian addresses later on the I485.
2. SSN can remain blank
3. A# you can leave blank or N/A
4. Many Canadians don't get I94s. You can also put N/A
5. Current USCIS Status: Canada Tourist
6. Expires: D/S
7. Exact Name: N/A
8. Nonimiigrant visa: N/A
9. Date of border crossing
April 2012 AOS Filers
in Adjustment of Status Case Filing and Progress Reports
Posted
Date of expiration on your Green Card minus 90 days is the earliest you can submit ROC paperwork. i.e. if your Green Card expires on June 30, 2014 the earliest you can submit paperwork is April 1, 2014.