AOS appointment quandry

[warpedbored]

Since the proposal is to raise fees for AOS from $325 to $905 and the proposed fee for the I-751 (removal of conditions) is from $275 (which includes biometrics) to $465 You wouldn't be saving any money to wait, in fact it will cost you $115 more. On top of that you would be screwing with the USCIS and making them wonder just what it is you have to hide that caused you to delay filing. Makes more sense to me to follow the rules and get it over with.

Edited February 27, 2007 by warpedbored (see edit history)

[Guest Duke]

Since the proposal is to raise fees for AOS from $325 to $905 and the proposed fee for the I-751 (removal of conditions) is from $275 (which includes biometrics) to $465 You wouldn't be saving any money to wait, in fact it will cost you $115 more. On top of that you would be screwing with the USCIS and making them wonder just what it is you have to hide that caused you to delay filing. Makes more sense to me to follow the rules and get it over with.

 

Kenn is K3. Waiting to file AOS to time the completion after the second wedding anniversary doesn't break any rules. The visa doesn't expire for two years. If the USCIS is curious about the delay, the truthful answer is easy to understand.

 

I'm doing exactly what Kenn states he "should have done". The EAD card arrived last week. We applied for a social security card the next day. We'll file for AOS a little more than a year before the visa expires and complete it after our second wedding anniversary. We'd already been married 10 months when she arrived in the USA.

 

Now I'm not saying this is the best procedure for everybody. Its a personal value judgment we made. No rules are being broken or even stretched.

[warpedbored]

I never said any rules were being broken. I am saying it could raise a red flag and it won't save you any money.

[MRMC]

I would file now. Who knows what will happen if you wait. For all you know for changing the appointment, you may have to wait an extended period with your SO in limbo. I would go to the appointment as scheduled. Many people have had appointments scheduled, tried to change them and found they were not changed, etc.

[Guest Duke]

I never said any rules were being broken. I am saying it could raise a red flag and it won't save you any money.

 

I guess I misunderstood what you meant when you wrote...

 

Makes more sense to me to follow the rules and get it over with.

 

I'm following the rules and NOT getting it over with until later.

[mercator]

I called, but the level one guy was a script reader and passed me off to a queue that was 45 minutes and I did not have that kind of time, as it was during the latter part of my lunch break. I looked closer at the paperwork and it basically says that it needs to be an emergency. This isn't so we're going to the 3/21 interview, and we'll bring along the biometrics to see if we can sneak that in while we are there, or we will do it the following week. We have 1.5 months left to get that done, so we'll just stretch things out where we can. If we pay we pay. I guess if she gets a job, then any earnings between when she would have gotten the 10 year and getting the two year will offset any additional / follow up fees. She'll only need the AOS, not the EAD, if I understand things right, so the math mentioned above offsets the costs even more. No worries!

 

I know of a few people doing the 2 year anniversary wait on here, but I will let them say who they are, as they may want to keep that low key.

[sanshanghai]

Intentionally delaying the interview is a very bad thing to do.

 

Keep in mind once the I-94 expires, the applicant's status here is only legal while the case is being adjudicated .

 

Basically, the applicant is only allowed to be here because the gov't knows it takes them time to process the application.

 

This status basically expires once the case has been adjudicated. Of course if the application is approved the applicant becomes a permanent resident. But if it is denied the applicant must leave the country. The applicants status can expire before the EAD card does.

 

So, an applicant who seems to want to delay adjudication is sending a strong signal that they believe they will have to leave once the case is decided.

 

I understand where you are coming from but, don't risk it.

[warpedbored]

It is never wise to screw with the USCIS. Rules may not be broken but they like their system nice and neat without any out of the ordinary things to confuse them.

[Guest Duke]

Just an update on our plans. The EAD was received in 85 days and the SS Card came yesterday. It took ten days. We're all set now to wait until about September (11 months of visa validity and EAD remaining) of 2007 to file for AOS. That should get us an interview sometime after December 1st, resulting in a 10 year Green card.

Edited March 6, 2007 by Duke (see edit history)

[tywy_99]

I decided to wait on filing AOS so the interview comes after our two-year anniversarry. Wife's EAD was approved last week so she can get a SSN and go to work if she wants.

 

Q..Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.

The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

*********

 

I came across the information above.

It's taking a big chance to delay AOS application. The USCIS will look down on it and possibly deny the green card. They, more than certain, will question your motive.

As it says above, the USCIS is looking for a good faith effort on part of the K3 to obtain residency in the United States.

To punch holes in the intent of the K3 is risky.

I can just imagine the apprehension shortly before going to the AOS appointment!

 

You're treading perilous waters. Good luck.

[warpedbored]

I decided to wait on filing AOS so the interview comes after our two-year anniversarry. Wife's EAD was approved last week so she can get a SSN and go to work if she wants.

 

Q..Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.

The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

*********

 

I came across the information above.

It's taking a big chance to delay AOS application. The USCIS will look down on it and possibly deny the green card. They, more than certain, will question your motive.

As it says above, the USCIS is looking for a good faith effort on part of the K3 to obtain residency in the United States.

To punch holes in the intent of the K3 is risky.

I can just imagine the apprehension shortly before going to the AOS appointment!

 

You're treading perilous waters. Good luck.

I think this is good advice. I see no advantage to delaying AOS to get a ten year card. With fee hikes pending you woudn't save any money and the I-751 is the easiest filing I have had to do yet. They are a little slow processing them but the NOA you recieve while the case is pending will allow the alien to leave and enter the US as well as work authorization in the interum. Everyone I know who filed the I-751 didn't even have an interview.

[Guest Duke]

I decided to wait on filing AOS so the interview comes after our two-year anniversarry. Wife's EAD was approved last week so she can get a SSN and go to work if she wants.

 

Q..Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.

The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

*********

 

I came across the information above.

It's taking a big chance to delay AOS application. The USCIS will look down on it and possibly deny the green card. They, more than certain, will question your motive.

As it says above, the USCIS is looking for a good faith effort on part of the K3 to obtain residency in the United States.

To punch holes in the intent of the K3 is risky.

I can just imagine the apprehension shortly before going to the AOS appointment!

 

You're treading perilous waters. Good luck.

I think this is good advice. I see no advantage to delaying AOS to get a ten year card. With fee hikes pending you woudn't save any money and the I-751 is the easiest filing I have had to do yet. They are a little slow processing them but the NOA you recieve while the case is pending will allow the alien to leave and enter the US as well as work authorization in the interum. Everyone I know who filed the I-751 didn't even have an interview.

 

I see the advantage whether you do or not. My original plan would have us out of the USA the majority of each year beginning before the conditions could be removed. I didn't want the inconvenience of changing our plans. Besides, we filed for EAD, got a SSN, US Bank accounts and WILL file AOS long before the visa expires. I ain't worried. Our family has been reunited in the USA and will remain united in the USA. I don't expect any difficulty whatsoever in convincing USCIS of that intention.

[warpedbored]

Well pushy you have gotten some good advice here. If you choose to ignore it then it is your problem. Have you considered that without a green card your wife will garner more scrutiny each time she enters the US? That there are countries such as Canada who will not let her enter without either a visa or a green card? That she could be denied entry into the US by an over zealous immigrations officer? For what? so you can circumvent part of the system and saving having to file one form? Go ahead take your chances. It amazes me you are willing to take even a minute risk when your wife's residency is at stake.

[Guest Duke]

Well pushy you have gotten some good advice here. If you choose to ignore it then it is your problem. Have you considered that without a green card your wife will garner more scrutiny each time she enters the US? That there are countries such as Canada who will not let her enter without either a visa or a green card? That she could be denied entry into the US by an over zealous immigrations officer? For what? so you can circumvent part of the system and saving having to file one form? Go ahead take your chances. It amazes me you are willing to take even a minute risk when your wife's residency is at stake.

 

We've made an adult decision after considering the pros and cons.

 

I'm not "ignoring" any advice but I'm not "following" yours. I've considered all the above except reentry problems. She has a multiple entry visa good for two years. She doesn't need a green card until it expires and we have no need or desire to travel to any country she can't get a visa to enter.

 

These are personal value judgments and I'm accustomed to making my own.

Edited March 6, 2007 by Duke (see edit history)

[warpedbored]

Well pushy you have gotten some good advice here. If you choose to ignore it then it is your problem. Have you considered that without a green card your wife will garner more scrutiny each time she enters the US? That there are countries such as Canada who will not let her enter without either a visa or a green card? That she could be denied entry into the US by an over zealous immigrations officer? For what? so you can circumvent part of the system and saving having to file one form? Go ahead take your chances. It amazes me you are willing to take even a minute risk when your wife's residency is at stake.

 

We've made an adult decision after considering the pros and cons.

 

I'm not "ignoring" any advice but I'm not "following" yours. I've considered all the above except reentry problems. She has a multiple entry visa good for two years. She doesn't need a green card until it expires and we have no need or desire to travel to any country she can't get a visa to enter.

 

These are personal value judgments and I'm accustomed to making my own.

It wasn't my advice I was refering to. It was Ty's. My advice is to GFY.