Planet-Love.com Searchable Archives

We plan to be married in early September but may be moving
twice in the following 6 months (job relo to another state into
an apartment and then into a house after we've had time to
house hunt).

Should we just wait until we make the first move to file
Adjustment of Status, EAD and advanced parole and then only
have to update address once?
Or is it safe to file from present location and then possibly have
to update address twice while everything is pending?

Has anyone had any experience doing it this way?

thanks,

Gman

... in response to moving and adjusting status etc., posted by Gman on Jul 22, 2004

I recall you need to file for AOS withen 6 months after marriage, after 6 months you will be out of status.
 We submitted our paperwork 5 months after our marriage, and we filed the normal paperwork and paid the normal fees......The fees after 6 months become higher (because you will be out of status) and more paperwork....

The moving part is where your problem is...I have heard nothing but horror stories about the AOS papers getting lost when there is a change of service centers.

... in response to moving and adjusting status etc., posted by Gman on Jul 22, 2004

You'll need to file the AOS within the 90 day k-1 visa period...as soon as you are married. So you don't have much leeway on that one.  If you move after you file then you are required to file a change of address and the BCIS will forward her file to the new jurisdiction.  You really don't need to file for an Advance Parole until she needs to leave the country (prior to her AOS interview) I filed for an Advance Parole for my wife and it took only about 2 weeks to be approved (we're in the Santa Ana, Calif. BCIS's jurisdiction).  When we went down to pick up her Advanced Parole I asked them how long it would take to get her her EAD? They said they could do it right then and it'll be ready in about 2 hours.  It took 8 months after we filed the AOS for the interveiw.  Unfortunately she was in Ukraine visiting her parents and we had to reschedule the interview.  The interview was 3 months later (just last week). It was the easiest interveiw I've ever experienced. I brough in all of the required documentation and then some.  I had copies for for the BCIS and the originals.  He didn't ask my wife any verifing questions and he only asked me how I met her and how many times I went to see her in Ukraine.  That was it.  I think this guys get pretty good as sensing legitimate marraiges vs the shams.  Anyway her stamped her passport and told her congratulations on receiving her conditional residency.  He took her multi-entry Advanced Parole and her EAD card and said the stamp in her passport was all she needed and her conditional green card would arrive in about 2 months.  I asked him how long it takes to process her citizenship request (in 3 years when she can file)and he said I quote "the Santa Ana office is kicking ass and she'll be a citizen within 6 months after you file."  Needless to say Angie dosen't want to move out of the Santa Ana's office jurisdiction until after she gets her citizenship. We've heard that some offices have a 2 year waiting period after a person files.  Good luck to you!

Mark

... in response to Re: moving and adjusting status etc., posted by tbirdjoy on Jul 23, 2004

My understanding was we had to file AOS within the 90 day period of the visa not necessarily immediately after the marriage. We plan to marry on Day 41.

We will probably be moving around Day 80.

Do we file AOS thru national service center, regional office or Sub office?

thanks,

Gman

... in response to Re: Re: moving and adjusting status etc., posted by Gman on Jul 23, 2004

You are correct in that you are supposed to file for the AOS within 90 days of your fiance arriving in the states.  That is what I was saying I just didn't write it clearly. Sorry.  You will need to file it at your regional office.  If your moving on day 80 to an area that has a different regional office then I'd wait and file it from your new address. The less disruption with change of address the better.  Good luck to you and your sweetheart.

Mark

... in response to Re: Re: moving and adjusting status etc., posted by Gman on Jul 23, 2004

The easiest way to find out where to file is to go to the USCIS.GOV website and order the forms by mail. When you forms arrive they will attach a letter(determined by your zip code) telling you where to file. We live in Atlanta and had to send the forms to the Atlanta office. We filed a month after the 90 days was up and had no problem. We received our NOA in about three weeks from the Mo. service center giving a phone number for the finger prints and biometrics which took about three weeks to schedule here at the Atlanta biometrics office and now we wait. The EAD NOA said 90 days and we are approaching that point in a week. The AOS NOA said 180 days but I'll believe that when I see it happen.HTH

Larry
Atlanta

... in response to Re: Re: moving and adjusting status etc., posted by Gman on Jul 23, 2004

Gman,
If you apply for a change in status after the 90th day of your fiancee's 90 day K-1, she will be "out of status".  Once she is "out of status" she may not be allowed back into the US after leaving (for a trip home?) even if you apply for an Advanced Parol.  This is a little known fact that some may overlook.
KenC

... in response to Re: Re: moving and adjusting status etc., posted by Gman on Jul 23, 2004

When we filed for the AOS, we were told that we simply had to marry in the 90 days and that the AOS could be filed at a later date. We filed almost immediately but supposedly we really didn't have too.