phoenix2017

Hi all,

I am filling in the forms and gathering documents all by myself today (for 5 straight hours!!!) - I think I got a lot of things sorted, but there is still lots of confusion, so I would very much hear from anyone of you who have experience doing it on your own:

First off, I am adjusting from B2 to AOS - I haven't found any source here as most people adjust their status from F1 or K1 - so I am unsure what's the different forms that I might have to fill in except the big ones I485, I131 and I765 .

1. Is I864 required? No one mentioned this.  

2. Do I need I130? And the supplementary form I130a?

3. If I need to file for I130, do I pay that with a separate check from the I485 (that fee with the biometric fee)?

4. How many G1145 do I need to fill exactly? Is it one form for each application?

5. How many copies of ID/Passport/Marriage certificate/divorce degree are required? Is it again one copy each? And photos? Where can I find the exact information for this?

P.S. I almost completely forgot to get the medical exam for the I693, and I am so going to get it done this week, fingers crossed. And I don't even have my previous vaccination record ...

8 hours ago, geowrian said:

Since it's domestic, you should be fine. And yes, if you're past your I-94 then definitely bring all evidence you have that you filed for AOS. They generally don't check status, but it's always possible to run into somebody leaning over the TSA officer's shoulder asking about it.

The only risk would be if the flight were diverted and had to land outside the US. Even then, this is pretty darn low risk of being an issue (just not 0%).

Ok thanks so much for your reply. I was really starting to worry about it yesterday as I forgot about my visa expiration ..

Hi all, not sure if this is the right topic to post but here it is, feel free to move me somewhere more appropriate if so ..

I am going to apply for AOS soon, and while we are waiting for the NOA1 receipt etc, we will be going on our honeymoon to Hawaii, the thing is my I94 will expire on February 1, which will be a few days past when we are returning from Hawaii to home in CO. I am a bit worried about this, I think I am going to have the receipt before we leave for vacation (fingers crossed), and EVEN if we don't have it at hand we can bring all the documents and application of AOS with us to our travel to show it's under process.... but does it suffice? I mean would there be any trouble at the customs? I know it's domestic flight and within the country but still. Should I apply to extend my B2 visa now so that I will have it valid while traveling within the country? Or is it not necessary? But it would be really close to my filing of AOS and I don't want to make any complications for the latter. Any advice? Many thanks.

oh, so then I was thinking if I should apply to extend my B2 visa... but it's cutting really close to me applying for AOS and I don't want no complication for the process of the latter..

On 12/17/2017 at 4:17 PM, geowrian said:

Some cards don't require an SSN....mostly secured ones and such. Some also let you be added as an authorized user of somebody else as well. As for a license, that's a state thing but many do require an SSN and/or EAD. Not much to do there, sorry...that's just part of the process.

It's going alright. No updates at all from our side. We're still waiting for the EAD and AP.

I was wondering if you know this, or I should start a new thread ..

I am going to apply for AOS soon, and while we are waiting for the NOA1 receipt etc, we will be going on our honeymoon to Hawaii, the thing is my i94 will expire on February 1, which will be a few days past when we are returning from Hawaii to home in CO. I am a bit worried about this, I think I am going to have the receipt before we leave for vacation (fingers crossed), and EVEN if we don't have it at hand we can bring all the documents and application of AOS with us to our travel to show it's under process.... but does it suffice? I mean would there be any trouble at the customs? I know it's domestic flight and within the country but still. Any advice? Many thanks.

1 hour ago, geowrian said:

Once you have the EAD (roughly 4 months from I-765 filing), you can apply for an SSN. The most recent I-765 form has an option to apply for one for you upon approval automatically. Otherwise, you go to the SSA with the EAD and apply there. It took a couple business days to get the Social Security card in the mail after that.

Ic. I really need the SSN soonest for credit cards and driver license etc!! Many thanks  how's your application going?

I have another question: do you know how long it takes to have SSN issued after the AOS application is submitted? Thanks!

Thanks! That's really helpful!!

May I ask how you know it's by the day you submit the AOS that counts but not the receipt of NOA1? Is there any official information that I can refer to? I just want to make sure I won't overstay illegally or get deported if I don't get the receipt in time before my I-94 expires! Many thanks. 

Btw that's great news you and your wife have received your NOA1, congratulations! I am excited for you and am curious how it goes for you, what's the status now with your AOS?

Hi thanks for replying to my post (again)

Oh I didn't know it starts from the day I file not the day I will receive the notification - phew. 

Coz my I-94's expiration date is February 1- I know I am pushing it a bit, but for one I am waiting for my personal information/record to file for the AOS/marriage license, and for two I want to get married in January so that I won't have the complication of the possibility of being taxed for my worldwide income if I choose to get married in December soon. So if I get married early January and file for AOS immediately that might leave me only 3 weeks max - so I just worry I might not have the NOA1 in time before my I94 expires...

Hi all,

I am trying to understand this:

How long does it take for the AOS application form to be acknowledged of receipt once you have sent it to the office? And what if they haven't acknowledged my application and my I-94 expires? Thanks.

I am not working in US.

I am in US yes. I have been here for almost 4 months on a B2 visa. 

We are getting married in a month once I have the date of my previous divorce - I don't have the exact date and it's required to get the marriage license here in CO.

As I still have work outside US which I am maintaining, I just wonder if that income would be taxed. So between AOS and greencard I am not taxed? 

thanks for your info and reply!! 

Hi all,

I am starting to prepare for AOS soon and I just wonder if there's a benefit applying for it later say Jan 2018 instead of Dec 2017 to avoid tax for foreign income/capital gain issue? Do I get taxed for the whole year of 2017 if I apply for AOS in Dec 2017?? And is there any tax for any asset I move from my home country to the US or is there a one-off exemption for that?

I also want to know that is it that once we filed for AOS I am able to stay past my B1 visa expiration date? (I am trying to file for AOS a few weeks or a month hopefully earlier prior to the expiration date but just I need the information for my marriage license - I lost my past divorce paper so I don't remember the exact date of the divorce and it's required for the marriage license obviously - anyone knows what other states that doesn't need the exact date? I am in Colorado). Sorry that's a lot of questions hope someone can help some of them!! 

10 minutes ago, phoenix2017 said:

Ic. Thanks for the info!

6 minutes ago, geowrian said:

Advance Parole. This lets her leave the US without abandoning the AOS application, and lets her re-enter the US.

IC thanks.

8 minutes ago, geowrian said:

No. You should apply for AOS + AP + EAD at the same time. The "clock" starts at the time of filing.

 

AP + EAD: ~4 months from filing to approval.

AOS: ~4-12+ months (closer to 10+ months at most field offices adjusting from a tourist visa) from filing to approval.

Ic. Thanks for the info!

What is AP? 

3 minutes ago, geowrian said:

7-9 months for an EAD is excessively long. Not impossible by any means (especially with RFEs/RFIEs), but is not typical. Maybe those were timelines for the actual AOS approval...? That seems more likely IMO.

Oh yes maybe just the AOS... So that means I have to wait for another 4 months to get the EAD AFTER the whatever time I need to get approved for the AOS?? 

Just now, geowrian said:

Once you get your EAD (~4 months after filing AOS + AP + EAD), you can go to the SSA to get an SSN and card. You can start working once you have all the documents.

 

As for a driver's license, the rules on this vary by state since driver's licenses are issued by the state. Some states accept the I-485's NOA1 as proof of lawful presence, others may go by the EAD, and yet others may be more restrictive.

I see. I live in CO, wonder anyone knows anything about this.. 

It seems it varies with each application, I see some get the EAD after just 4 months while others 7-9 months or even 1 year! ..

Thanks for all your replies! Really appreciate that. Hope it all goes smoothly. 

So is it that after you got your AOS done and have received the EAD you are able to get SSN, driving license and start working etc etc? 

10 minutes ago, Suss&Camm said:

Again - if you are marrying here, you DO NOT apply for  visa AT ALL. You would file a AOS packet with an i-130 petition. It would all be handled by USCIS.

 

The visa is if you want to enter first on a visa that is actually provided for what you are wanting to do, which is immigrate. Having the correct visa upon entering the US, would eliminate any potential worries about using a visa for something it wasn't intended to be used for. (which is what the policy addresses). 

 

Your visa was issued for tourism purposes, but there is a legal option for people that have a change of heart once INSIDE the country and decide to marry and AOS or just AOS if already married.

 

Regardless of route, a petition (i-130 for CR1/IR1/AOS or i129f for K1) is always sent to USCIS - it is the USC petitioning you. It then moves on for the second bit, which is either a visa application at the foreign embassy or an AOS application inside the US. (the i130 and AOS inside the country can be sent at the same time, but the petition being approved is always the first step.)

 

Yes read the VJ guides, they are very informative.

Ok that's much clearer for me now, many thanks for the detailed explanation. Yes, I am reading the guides, thanks again.

1 minute ago, Suss&Camm said:

Agreed, would worry about it if I was in that position though.. predicting is one thing, but trying to plan for your life is something we all need to do.. so that part would at least be in the back of my mind..

Yeah, it's going to be tricky... sounds quite complicated, with applying for AOS @USCIS and getting CR1 @DOS... am I correct? Are they two separate processes or all rolled into one? I really need to start reading the details and understanding the exact procedure now. But anyway not within 90 days got it. 

Just now, Suss&Camm said:

You won't be applying for any visa. A visa is an entry document. You are already here. Should you get married, you would file for AOS -adjustment of status (immigration status - isn't a visa "status".

Ic. Thanks for clarification.

Did you hire a lawyer for your visa or you do it on your own? I was wondering that for my case..

Yes I think I will start looking into the process of getting married and filing for the AOS. But since the other OP suggested I should wait for three months up from the day of entry I shall do that - only a month away from that anyway. 

Ok about the threads. I am new to the forum, yes please merge thank you.