TakumiKobyashi

1 hour ago, booga-boo said:

Yup...........agree. I want to get N600 for her for the future future.......as in when I die. She's 8 now but after 18yrs she'll have to renew passport on her own.....and if she can't find my naturalization certificate =problem.

Once she has a passport, she will never need your naturalization certificate again in order to renew it or get another.  Even if she loses her old passport, it is possible to pay $150 extra for a file search during the new passport application to verify her citizenship.  Paying for the N600 now would simply be a waste of money.

Thanks for the reply.

Another thought that crossed my mind, which would eliminate needing to worry about receiving the EAP before the trip in August: if we got married in the next few weeks (currently the plan, regardless), and then went to visit my grandmother in August without having filed for AOS in advance. In this scenario, I would be leaving during my 60 day grace period at the conclusion of my F-1 OPT (the grace period ends September 5th 2016) and would therefore essentially be forfeiting my continued F-1 status.

Would I then be able to return from that trip under the normal VWP/ESTA procedure? The trip to be with my grandmother is scheduled to be 8 days in total. I know that intent is always the question, and I've seen conflicting advice on this on the forum, but am I right in thinking that since I did not overstay my F-1 visa, there would be nothing stopping me returning soon after under the VWP?

Hope that makes sense, just trying to get a handle on all the scenarios.

No, that would be considered immigration fraud, and there is a good chance you'll be turned away at the border when they find out you're married to a US Citizen (especially if they find out that you're planning to AOS).

I read it. It was silent about a USC. I am a citizen already and I was wondering why we should be talking about a GC holder when I am not even one.

Assuming that you got your citizenship through your wife 3 years after getting your GC, you still gained lawful permanent resident status by virtue of a prior marriage to a US Citizen, and it has not been 5 years since you got your GC. Just because you've now become a citizen doesn't change the fact that you got a GC through marriage to a US Citizen within the last 5 years…

Lazy: H1B is a dual-intent visa and you do not need advance parole to leave the country. Source: https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel. He can just send off the AOS and immediately leave the country.

Was it a military spouse?

No, just found the thread: http://www.visajourney.com/forums/topic/589004-aos-interview-spouse-not-avail-resched-or-just-go/

For what it's worth, the same thing happened to someone else recently, and the person in the US went to the interview alone and was approved. I can't seem to find the thread right now, but it was within the last 1-2 months.

A bigger problem for you is that if you haven't already filed for AOS & AP, there's basically no chance that you'll get the AP before June. According to some of the other posts on VJ, it's currently taking around 90 days to get the AP. If I were you, I'd definitely reschedule the wedding, as difficult as that might be.

So, I got the letter from USCIS and I have my interview on April 20.

Assuming that everything will go OK, when do you think I have a chance to get my green card?

If you're approved on the spot, the green card will probably arrive in the mail about a week later. At least, that was the case for us earlier this month.

You may get an rfe for it, you may get an intent to deny. I wouldn't send it in until you have everything

This is completely false… as part of the new policy making I-693s only valid for a year, USCIS now allows you to submit the I-693 later by mail or bring it to the interview.

In follow-up correspondence to its initial policy announcements, USCIS stated that it would accept adjustment of status applications that do NOT contain the medical exam report yet. Applicants can choose to submit it later by mail, or bring it to their interview.

Also, from USCIS itself:

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required).

This is exactly what we did, and we had no problem bringing it to the interview. OP, go ahead and submit now if you're ready!

I'd say you probably have about 2 more months to wait. We filed in early August, and just had our interview in Boston last week. You should get an interview notice about 4-5 weeks in advance.

Yes, they will definitely ask for your passport at the interview. Source: just had interview last week.

You can definitely file everything else now and just bring the completed medical to your interview. That will be the quickest way for you.

Thank you all so, so much for your responses.

We have contacted the bank to cancel the cheque; spoken to the courthouse we wish to marry at to confirm they will marry us while I am under the VWP (provided I can provide any form of ID, it is not an issue at all); spoken to the USCIS customer service line to check if anything else needs to be done to stop the K-1 petition being processed (the lady confirmed that as we only sent the forms off yesterday, and as it is not yet in the hands of the processors, just the act of cancelling the cheque will mean the petition goes no further, thank goodness), and now we can breathe a sigh of relief and look forward to planning our September wedding with no visa-related stresses or time-restrictions. Phew!

Thank you all for your advice on how best to approach this (especially at the airport) and for your reassurances. I feel much more comfortable and believe we are doing this in the most sensible (and lawful!) way. We can finally get excited!

Thank you!

I would recommend double-checking to make sure than simply cancelling the check is enough -- according to https://www.uscis.gov/forms/paying-immigration-fees, they will use the account info on the check to make an electronic fund transfer from your checking account. So, I'm not sure just cancelling the check is sufficient to stop the process, since it sounds like they would only try to deposit the check as a last resort.

See question 1.b on the I-864EZ… you can only use the I-864EZ if you answer yes to all 3 questions in part one. You cannot use I-864EZ if you have a joint sponsor.

You definitely do not have to include I-693 in your initial submission… you used to have to, but due to a USCIS policy change where the I-693 results are only valid for 1 year, they now allow you to submit it later or at the interview. NOLO published a legal update for their book about this:

But there's good news. In follow-up correspondence to its initial policy announcements, USCIS stated that it would accept adjustment of status applications that do NOT contain the medical exam report yet. Applicants can choose to submit it later by mail, or bring it to their interview.

If I may ask, do you need the medical physical results when you send in papers for AOS? , that part always confuses me. Tried to find where to read up on it, but with no luck finding it.

No, you no longer have to due to a change in USCIS policy… see my previous post.

No, you no longer have to submit I-693 along with your initial I-485.

NOLO's legal updates page says:

But there's good news. In follow-up correspondence to its initial policy announcements, USCIS stated that it would accept adjustment of status applications that do NOT contain the medical exam report yet. Applicants can choose to submit it later by mail, or bring it to their interview.

Also, from the USCIS I-693 page itself:

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required).