ValerieA

You only need one for AOS if you've been arrested...and it's not the police certificate you will need, it's all the related court documents.

It only takes about a week to get the letter acknowledging receipt of your file; this is what gives you authorized stay until your case is adjudicated. Do NOT travel home before you receive the travel document (AP) from USCIS or you forfeit your application. Oh, and good luck! It's usually a fairly quick (3-5 months) and simple process.

I am entitled to my opinion. My post should not be taken out of context.

You know better - resting my case.

Erroneous opinions stated as facts have no place in a posting asking for actual facts. Please leave your opinions in the lower forums, where they belong.

You have to proof there was no intent to stay and if you can you will be fine

No, you don't. The officers at the border determine intent. If they let you into the country, they have decided you have no intent to immigrate on a non-immigrant visa. Additionally, suspicion of intent is not a reason to deny, as per the field guide. So no, the OP will not have to prove there was no intent to stay when the non-US spouse entered the US.

Go to a different bank that will let you open a joint account without requiring an SSN - they're not really supposed to require one.

It's $290 added on to an already costly process, and there is no guarantee they will grant the extension. It sounds like it is what you want to do, so go for it!

Overstay is forgiven when AOSing as the immediate relative of a US citizen. The only thing to keep in mind is that there is a very slim chance that you may come to their attention and put into removal proceedings - but it is very slim. Being in Houston, I would say just stay away from border towns. And maybe flea markets.

Yes, I went to secondary, too (I had my cat with me, and a lot of stuff, since I was planning on staying 6 months). He wrote "No EOS/AOS" on my I-94 but it was never brought up during the process - it has no meaning to USCIS.

Hi aaron2020,

Thanks for taking the time to reply to my questions. I did look up some success stories of people getting their GC on a VWP and it all looks really encouraging. I'll be looking at the guides and planning my next move. Based on my research so far, it seems like the best way to move forward is to just send in the AOS packet!

Yes, just send in the I-485 part of the package, as (of course) you have already sent in the I-130 part. Include a copy of the NOA1 from your I-130. They merge the files up and it really doesn't delay your process at all - I sailed through in 3.5 months, which was average at the time, and never had any issues about flipping from a CR-1 to AOS.

This is some risk in this. There are number of cases that I read here that were denied from VWP for one or another reason. http://www.visajourney.com/forums/topic/292498-i-485-denied/. Unlike adjusting from other visas, there is no appeal for VWP. So, this is your risk, which you may or may not. If I were you, I would search "denied AOS VWP" here and make informed decision, deciding your level of risk tolerance. Peronally, while I would do AOS form B2, I would not do VWP AOS. This is just me.

You already near NOA2. The chances are that your K3 application will be changed to CR1. You are looking at 1 month at NVC and another 1-1.5 months till interview. Is this worth the risk? You are almost there...

Just ignore this. That is a very old thread. At one point, the San Diego office was denying VWP if the person had overstayed, but soon the ruling came down that overstay did not matter for VWP, just as it does not for any immediate relative of a US citizen.

Having said that, it is true that VWP does not have an appeal, but if you have a bonafide marriage (and proof of such), you should have no issues.

Yup. Intent is no longer an issue; they determined she did not have intent when they allowed her into the country. She is fine to stay and adjust, as long as she did not outright lie at the border about something that would have caused them to deny entry.

That. Just. Sucks. Sorry. I would try phoning USCIS one more time, asking for a Tier 2 representative, and explain one more time that USPS lost your card, and just see if they can have it re-issued. If not, you're going to be out $450.

It should not delay when you file for ROC; you apply for ROC 90 days before your 2-year permanent residence anniversary (ie: the date your green card was approved), which shouldn't change.

Note: your ROC date has nothing to do with your wedding anniversary.

Here's the link to the TxDPS page you need: http://www.txdps.state.tx.us/driverlicense/movingtotexas.htm

But, basically:

1. No, not if you have lived here for >90 days

2. It seems you can apply for one if you have the I-797 showing you have a pending I-485, the way I read the rules

3. Yes, although typically you get the EAD shortly before your green card, and to save hassle (who wants to go to the SSA twice ) you may want to just wait until you get the green card. The SSN you get with your EAD is stamped with "VALID FOR WORK ONLY WITH DHS AUTHORIZATION."

Thanks, Nancy. I am fine with using EAD card but my doubt is as mentioned below.

Thanks for your response, Valerie. Yes, I read that but would it be okay to present EAD when I'd be checking my status as "A lawful permanent resident" on page 7? I am wondering if such a mismatch between status and document presented would be acceptable to the employer.

Yes, it really is OK. Never mind that most employers are not going to understand the difference between and EAD and a green card, an EAD is a step in the LPR journey. They aren't allowed to discriminate based on what documents are provided, either.

If your EAD has your photo on it, and is not expired, that is all the documentation the employer needs for I-9.

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf(see the last page, column A).

Depending on the reason for the 5-year delay at the NVC (that really seems odd) your friend should be OK to send in the I-485 package. Just make sure they send in a copy of the I-130 approval so USCIS can marry up the files.

Ah, gotcha. It is OK to do it that way; when you do file the I-485 part of the package make sure you include a photocopy of the notice you received from USCIS that they accepted your I-130 package. Also, please note that you do not enter the 'period of authorized stay' until the I-485 is filed, if you have overstayed.

And yes, sign the money order.

Are you in the US, and adjusting status? You need more than the I-130 if so. Check out the guide: http://www.visajourney.com/content/i130guide2 .

You need proof that you have a bonafide marriage, not that this is the only time you overstayed. Look at the guide, and pay close attention to the items that prove financial co-mingling - joint bank accounts, insurance, etc.

It is best to file them together, although not necessary. The thing is, it is the I-485 that gives you a period of authorized stay, not the I-130. I'm not sure why your I-693 (medical) would take so long, though - I did mine, and went in a couple of days later for them to check the TB thing, and picked up the package. Does it take a long time to get an appointment with a civil surgeon where you are? Mine was at a walk-in clinic, so it really only did take a couple of days all told.

No idea. I don't pay attention to timelines. I did not know all I-485 are not created equal. So you're saying someone adjusting from VWP gets priority processing for an interview over someone who did the K1 visa? Thanks for the info.

I don't know if it's priority processing, or just a different path. Most K-1's don't require an interview, anyway.

It says I-485 July 9, 2014.

That means that they are currently interviewing cases submitted last summer.

But those include I-485 from a K-1, correct? Typically, those take around a year, but from non-K visas they usually only take 3-5 months. I checked out the Immigration Timelines (up top, menu) and the latest data is from 2014, so maybe something has changed in the last few months to slow down that office, I honestly don't know, but if I were the OP I would expect an interview much sooner.

OP, don't wait for your EAD to open a joint account, do it now. I received my EAD right before my interview.

Nope, they accepted me at my word. I think it happens a lot.

No, if it was a USPS problem, there should be no fee. I wasn't charged anything. If you lose it yourself, THEN there's a fee. And yes, it is expensive. That's why you want to make sure they know it is USPS' fault.

Oh, and when you are talking to USCIS - ask them to read back your address to you. Although I always send in the paperwork for my husband and myself when I move, both times I have had to talk to them to get it updated in their system - they seem to have some kind of mental block about it!