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AOS - Does my wife (applicant) need to be present?

AOS - Does my wife (applicant) need to be present?

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Old Sep 3rd 2002, 10:19 pm
  #1  
Gus
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Default AOS - Does my wife (applicant) need to be present?

Hi Everyone,

I plan on filing the AOS in person but my wife is taking ESL classes and would rather
not miss any. It doesn't appear that she needs to be present when I file.

Does anyone know if she has to be present when I file? A friend who filed at the same
office did have his wife with him but thought that it didn't matter.


Marcela,

Are you the same Marcela who lived in Rio spoke to my wife Valeria? I believe you are
in So. Florida? (we're in Orlando)



May 1 - Mailed I129F May 10 - 1st NOA May 20 - 2nd NOA July 3rd - Interview and VISA
granted July 7th - POE August 9 - Married!!!!! Sept ?? - Filed AOS

Gus (USA-Brazil)
 
Old Sep 4th 2002, 12:25 pm
  #2  
Andy Platt
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Default Re: AOS - Does my wife (applicant) need to be present?

The only thing many offices care about is that the person who signed the check(s) is
there - which is a bit strange since they would accept the check if it was mailed in!
You should be fine.

Andy.

--
I'm not really here - it's just your warped imagination. "Gus" <[email protected]>
wrote in message news:fd-
[email protected]
...
    > Hi Everyone,
    > I plan on filing the AOS in person but my wife is taking ESL classes and would
    > rather not miss any. It doesn't appear that she needs to be present when I file.
    > Does anyone know if she has to be present when I file? A friend who filed at the
    > same office did have his wife with him but thought that it didn't matter.
    > Marcela,
    > Are you the same Marcela who lived in Rio spoke to my wife Valeria? I believe you
    > are in So. Florida? (we're in Orlando)
    > May 1 - Mailed I129F May 10 - 1st NOA May 20 - 2nd NOA July 3rd - Interview and
    > VISA granted July 7th - POE August 9 - Married!!!!! Sept ?? - Filed AOS
    > Gus (USA-Brazil)
 
Old Sep 4th 2002, 2:53 pm
  #3  
Concierge
 
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Default Re: AOS - Does my wife (applicant) need to be present?

Gus

Who is the foreign spouse here? You or your wife? You asked Marcela if they were the person that spoke with your wife in Brazil and you mention that she is going for English as a Second Language class and yet you are saying you are filing the AOS in person.

The foreign spouse must be the one to file if it is for AOS based on K-1 marriage as the I-485 is their petition for adjustment. However, if the marriage took place after entry on a tourist visa, then both parties should be there as the USC spouse is filing the I-130 and the foreign spouse is filing the I-485.

Andy made a good point about the person being present who signed the check. If you have a joint checking account, then it doesn't matter as either of you can sign the check.

Rete

Originally posted by Gus:
Hi Everyone,

I plan on filing the AOS in person but my wife is taking ESL classes and would rather
not miss any. It doesn't appear that she needs to be present when I file.

Does anyone know if she has to be present when I file? A friend who filed at the same
office did have his wife with him but thought that it didn't matter.


Marcela,

Are you the same Marcela who lived in Rio spoke to my wife Valeria? I believe you are
in So. Florida? (we're in Orlando)



May 1 - Mailed I129F May 10 - 1st NOA May 20 - 2nd NOA July 3rd - Interview and VISA
granted July 7th - POE August 9 - Married!!!!! Sept ?? - Filed AOS

Gus (USA-Brazil)
Rete is offline  
Old Sep 4th 2002, 3:09 pm
  #4  
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Joined: Feb 2002
Location: Miami, FL - USA
Posts: 38
Marcela is an unknown quantity at this point
Default Re: AOS - Does my wife (applicant) need to be present?

Yes! I am the same Marcela who lived in Rio and spoke to Valeria.... I am in Miami... I hope all is well over there.
Keep in touch!
My e-mail address is: [email protected]


Marcela,

Are you the same Marcela who lived in Rio spoke to my wife Valeria? I believe you are
in So. Florida? (we're in Orlando)



May 1 - Mailed I129F May 10 - 1st NOA May 20 - 2nd NOA July 3rd - Interview and VISA
granted July 7th - POE August 9 - Married!!!!! Sept ?? - Filed AOS

Gus (USA-Brazil)
[/QUOTE]
Marcela is offline  
Old Sep 6th 2002, 2:38 pm
  #5  
Gus
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Default Re: AOS - Does my wife (applicant) need to be present?

Hi Rete,

I think I may have used the wrong words...

My wife is the foreign spouse. I do not want to mail in the AOS, I'd rather deliver
it. (IOW, I'm not "filing" the AOS just delivering it) The marriage took place after
she arrived on the K1.

Does she need to be present when I deliver the AOS?

The local office does not take personal checks so the check signing portion is a
moot point.

I'm guessing she does not have to be present because the AOS request can be
mailed in.

Gus (US - Brazil)


Rete <[email protected]> wrote in message
news:<[email protected]>...
    > Gus
    > Who is the foreign spouse here? You or your wife? You asked Marcela if they were
    > the person that spoke with your wife in Brazil and you mention that she is going
    > for English as a Second Language class and yet you are saying you are filing the
    > AOS in person.
    > The foreign spouse must be the one to file if it is for AOS based on K-1 marriage
    > as the I-485 is their petition for adjustment. However, if the marriage took
    > place after entry on a tourist visa, then both parties should be there as the USC
    > spouse is filing the I-130 and the foreign spouse is filing the I-485.
    > Andy made a good point about the person being present who signed the check. If
    > you have a joint checking account, then it doesn't matter as either of you can
    > sign the check.
    > Rete
    > Originally posted by Gus:
    > > Hi Everyone,
    > >
    > > I plan on filing the AOS in person but my wife is taking ESL classes and would
    > > rather not miss any. It doesn't appear that she needs to be present when I file.
    > >
    > > Does anyone know if she has to be present when I file? A friend who filed at the
    > > same office did have his wife with him but thought that it didn't matter.
    > >
    > >
    > > Marcela,
    > >
    > > Are you the same Marcela who lived in Rio spoke to my wife Valeria? I believe you
    > > are in So. Florida? (we're in Orlando)
    > >
    > >
    > >
    > > May 1 - Mailed I129F May 10 - 1st NOA May 20 - 2nd NOA July 3rd - Interview and
    > > VISA granted July 7th - POE August 9 - Married!!!!! Sept ?? - Filed AOS
    > >
    > > Gus (USA-Brazil)
 
Old Sep 6th 2002, 2:42 pm
  #6  
Gus
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Default Re: AOS - Does my wife (applicant) need to be present?

Hi Marcela!

I'll give Valeria your email address!

tudo bom aqui! muito tudo bom!

Take care, Dan


Marcela <[email protected]> wrote in message
news:<[email protected]>...
    > Yes! I am the same Marcela who lived in Rio and spoke to Valeria.... I am in
    > Miami... I hope all is well over there. Keep in touch! My e-mail address is:
    > [email protected]
    > Marcela,
    > Are you the same Marcela who lived in Rio spoke to my wife Valeria? I believe you
    > are in So. Florida? (we're in Orlando)
    > May 1 - Mailed I129F May 10 - 1st NOA May 20 - 2nd NOA July 3rd - Interview and
    > VISA granted July 7th - POE August 9 - Married!!!!! Sept ?? - Filed AOS
    > Gus (USA-Brazil)
 
Old Sep 6th 2002, 3:16 pm
  #7  
Concierge
 
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Default Re: AOS - Does my wife (applicant) need to be present?

Gus

It is her petition, not yours. She should be the one to file it in person. Don't believe that INS accepts third person petitions. If she goes early in the morning, how much of her class will she miss?

Rete
Rete is offline  

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