memoryinwind

I haven't been touched for 2 months either. I kind of get the feeling that it's generally slower for AOS through other visa than K1 visa. carpe_diem is an exception.

congratulations!!!

Thank you for your quick reply!

1) I did created an account with USCIS and put the receipt number for I-130 and 485. But the last updated date is 03/19/08 when I did my biometrics. That means they never touched my case after that???

2 AOS questions:

1) how do you know your case is touched?

2) how long will they notice you before the interview?

thanks!

Answer #1 you have to open an portfolio account with USCIS and add your I-797 numbers. You will see the last activity date change when you and visit your account.

Answer #2 I think about 6 - 8 weeks +/-

2 AOS questions:

1) how do you know your case is touched?

2) how long will they notice you before the interview?

thanks!

oh, i forgot to ask about the validity date, and in the form, I applied for multiple entries

I didn't pay since I showed her all the receipt including 130, 485, 765 and 131

Acutually I called USCIS yesterday for the expediate service and they told me target date April 5th, but today I just received an approval email from them and told me I will be receiving my documents soon. Does this matter if I have double copies from infoPass as well as from USCIS??? should I call USCIS to cancel that one?

I am really sorry for your father but fortunately you will be able to see him very soon.

Do you know how long the AP will be valid? did you pay to receive?

I wish your father's health will be better very soon!

just a update, I made an appointment for this morning 8AM shortly after 12AM last night. Somebody may have just canceled. So I went to the field office this morning, showed the officer doctor's note (both in Chinese and English) and she asked me to fill up the I-130 form and told me to come back to pick up in 2 days. I asked for faster service, then the pickup date moves to tomorrow afternoon.

I filed my whole package (130, 485, 131, 765) 50 days ago. My case is processed at National Benefit. I did biometrics 12 days ago.

I need to go home, my dad is in critical situation. I called USCIS customer service for expediate service and they gave me a target date April 5th. But I am afraid I can't wait that long. My question is: can I go to local office to get emergency AP even if my case is processed by National Benefit???

thanks!!

I am sorry to hear about your Father, this must be a very stressful an upsetting situation for you.

Yes you can apply in person. You will need to make an appointment with Infopass at your local USCIS Office. They won't just let you show up. You will also need proof that your Father is sick (doctor's letter)

Once you have an appointment take two passport photos, copies of your application package and your receipts.

Good Luck!

B

Thank you, but the earlist appointment I can make is April 14th, that's too too late for me

I am planning to try without appointment tomorrow but they may not let me in

I filed my whole package (130, 485, 131, 765) 50 days ago. My case is processed at National Benefit. I did biometrics 12 days ago.

I need to go home, my dad is in critical situation. I called USCIS customer service for expediate service and they gave me a target date April 5th. But I am afraid I can't wait that long. My question is: can I go to local office to get emergency AP even if my case is processed by National Benefit???

thanks!!

I am sorry to hear about your Father, this must be a very stressful an upsetting situation for you.

Yes you can apply in person. You will need to make an appointment with Infopass at your local USCIS Office. They won't just let you show up. You will also need proof that your Father is sick (doctor's letter)

Once you have an appointment take two passport photos, copies of your application package and your receipts.

Good Luck!

B

I filed my whole package (130, 485, 131, 765) 50 days ago. My case is processed at National Benefit. I did biometrics 12 days ago.

I need to go home, my dad is in critical situation. I called USCIS customer service for expediate service and they gave me a target date April 5th. But I am afraid I can't wait that long. My question is: can I go to local office to get emergency AP even if my case is processed by National Benefit???

thanks!!

Oh - I see now. I'm not really sure about the requirements, I guess not many other people are sure here either, because no one else is answering you! Maybe you need to contact an immigration lawyer to ask the questions (did I really say that? because often I notice lawyers royally screwing up with people's cases ). I hope you can get some correct answers, then please report back here, so we will know more for the future!

Just asked a lawyer today he said my application will get denied since we are not living together after marriage. will try another one tomorrow

additional information about me:

I am in US on OPT after graduation

Yes, he can sponsor you. He just has to file the appropriate tax returns or show proof he did not have to file due to working abroad.

This is just a quiet time for the board... We have a couple of tax people on the board.. I'm sure they will come around soon.

he did tax return for last few year but that amount is not above poverty limit since he was a student at that time. He is paying Swiss tax right now but not US tax since his work in Aug this year.

as for country of domicile, does he count as category B) living abroad temporarily? He plans to work there for 1 year but how to prove this is temporary? he doesn't have property in US. He lived with his parents.

after marriage to a USC, under what kind of condition I can infopass for emergency AP?

is a marriage certificate sufficient?

or

1) he has to file I-130?

or

2) I has to wait for the NOA of I-130

or

3) wait till I-130 is approved?

It's tricky, because to sponsor you he needs to fulfill certain requirements, I'm not sure if one of them is to be a resident of USA, and if you two have an AOS interview, he will need to come to USA for it. How long since you two have been married? Didn't you file for Adjustment of Status after you married? What is your visa status now? We need more info to advise you correctly.

i am on OPT after i graduated this May and I am working in my university (haven't submitted my H1B application yet due to some issue) . He graduated at the same time with me and in Aug, went to Switzerland as postdoctoral researcher. He is earning more than enough to sponsor me but he is residing outside of US right now and we never lived together before. (he used to live w/ parents before he took off to Europe)

we haven't got married yet but are going to do it this coming X'mas. I want to be able to travel pretty soon, like in January due to my dad's illness. Originally I was thinking to get an emergency AP right after our marriage but it seems like that I can't submit my AOS application without sponsorship.

My finance is US citizen. We are planning to marry soon during Xmas. But he has to return to work in another country for a few months after the marriage. So, should we file the GC application right after marriage or wait until we can live together after he finishes his work there.

thanks!

Sooner you file after marriage the sooner you will get the green card. Good luck.

Thank you all for your replies. But I wonder if he, a USC, is qualified as my sponsor because he is now working as a research in Switzerland for a year???

I came in as student and I got my degree and living in US. My spouse, a citizen, is working and living in Europe for 1 year. Can he still sponsor me?

Your profile show you came on a CR1/IR1 if you did the why are you filing for AOS.... you should already have your greencard and had a medical in your own country before you were approved for the CR1/IR1....

If you did not come on a CR1/IR1 then what visa did you enter the US on?

Kez

Thanks for the reply, that says it pretty clear.

As for the question of my profile i guess i just clicked in error when choosing.

http://www.visajourney.com/timeline/profile.php?id=42343

Having a timeline helps prevent confusion. What visa did you use to enter the USA?

If you entered the country on a K-Visa, then you had the medical before getting the visa, and you only need vaccination supplement done for AOS.

what about a F1 visa????

I wanted to add, what normally are "emergencies" and what are not? Does it HAVE to be life or death imminent?

It honestly depends on the officer you get. I've heard some officers deny requests until the person actually passes and there is a death certificate. Others want proof of the illness. Still others will approve requests without any documentation at all. Some have tried different offices until they find someone with a heart. It really is a hit and miss game. Definitely not something you have a stomach for when you're already at your breaking point.

so in case I am out in another city, it's allowed to go to a different city for infopass to request emergency AP?

Hi all, I did research on emergency AP in this forum but i still have questions left for my case:

right now, I am on OPT after obtained my PHD degree this May. My finance is USC and we are planning to get marriage certificate Xmas time. But my dad is sick back in my home country. In consideration of the risk traveling on OPT, I am thinking to get emergency AP immediately after we get married so that I can make it back to see my dad early January. Here I have a few questions:

1) Can we get marriage certificate one day and go to the infoPass next day for AP application without filing for AOS?

2) Is that an issue that I don't have an Alien #? I do have SSN

3) Can I just translate the doctor's statement myself? otherwise, where to find the official translation?

Thank you in advance!

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

People who must file the I-130 must submit proof of relationship with that application.

But that's the application for spouse who lives outside of US??? My case is the opposite. I (alien) live in US and finance (citizen) works oversea for a few months after marriage.

after filed for AOS based on marriage, can i still apply for H1B visa and travel with it before getting AP?

thanks!

After your marriage, send in the AOS paperwork, you don't need proof of relationship then. Before he leaves, you can easily have both of your names on certain things like credit card, joint bank account, utilities, phone, apartment lease, insurance, etc. Only 2-3 things with both your names on it will satisfy them. Usually in interviews, not many questions are asked. If they do ask, I'm sure they will understand his job situation. I would not worry about it.

thank you very much for your advice! I will file the application right after the marriage. and get credit card and joint bank account.

If you do file AOS after your marriage, he wont be able to leave the US until he has AP, approx 90 days. something to consider.

It also depends on what visa he has now as to whether he will be able to get back in. You might have to file for a CR or K3 visa, if he does leave. Remember that planning to immigrate to the US ie, coming back into the country with the purpose of filing for AOS without the correct visa is a crime. Unless his present visa allows him to multi entry and adjust status.

oh, there is some confusion here. I am the alien, he is the citizen

ahh ok... in that case, you should be able AOS here. What visa did you come on?

He will have to return for the interview.

I came with F1. I just graduated this May.

He can come back for the interview for sure but I am worrying that they may question us the fidelity of our marriage because we are not living together for the last few months after marriage???

If you do file AOS after your marriage, he wont be able to leave the US until he has AP, approx 90 days. something to consider.

It also depends on what visa he has now as to whether he will be able to get back in. You might have to file for a CR or K3 visa, if he does leave. Remember that planning to immigrate to the US ie, coming back into the country with the purpose of filing for AOS without the correct visa is a crime. Unless his present visa allows him to multi entry and adjust status.

oh, there is some confusion here. I am the alien, he is the citizen

Most of the time it is better to file AOS (green card) immediately after the marriage. If you do so, you both might be called for an interview within 3 months (or it might take much longer, no telling). If they call him for an interview and he cannot return to USA for it, you can always request a rescheduling of the interview.

What visa did you come on, and how long is it valid? If we know that, others with more experience in different visas could offer you advice. For instance, if have plenty of time left on your visa, you might be able to wait to file AOS until your husband returns from abroad.

thanks for your reply.

I graduated this May. I am on OPT which is valid till June 2008. I am thinking to change my job in June after my one year contract of current job is over.

He can come back for the interview for sure but I am worrying that they may question us the fidelity of our marriage because we are not living together for the last few months after marriage???

My finance is US citizen. We are planning to marry soon during Xmas. But he has to return to work in another country for a few months after the marriage. So, should we file the GC application right after marriage or wait until we can live together after he finishes his work there.

thanks!