Just Jenney

That depends on state where you intend to marry. Do a Google search for "marriage requirements" and include the name of the state where you plan to marry to find more information.

As with any immigration application, there is no fixed timeframe for processing AP. It could take three weeks, it could take three months, or more. There's no way to know. However, most people seem to report that their AP applications take about three months. Will you be cutting it close? Maybe -- if I were you, I'd allow more time, personally. But that's just me.

~ Jenney

Noorah101

Jenney has answered your questions, but I just wanted to point out that your wife-to-be will need a full medical done before sending in the AOS paperwork. Maybe she should call around now and get an appointment to have that done so it will be ready to go with the AOS package. I don't know how far in advance the docs in her area take appointments. She must go to a USCIS authorized civil surgeon, the list can be found at www.uscis.gov.

Once you are married, ask for expedited delivery of your marriage certificate. You might even be able to take it yourselves to get filed, and receive the certified copy right away. Make sure you ask about this, otherwise I think it normally takes about 6 weeks to receive it in the mail.

Rene

Just Jenney

We got married by a Justice of the Peace on a Thursday afternoon, and told him before the ceremony that we would take the completed marriage certificate with us afterwards and deliver it in person to the courthouse. The JOP obliged, and took a few minutes after the ceremony to fill out the certificate for us. We took it to the courthouse the next day and within 10 minutes had four certified copies of our marriage certificate.

I'm not sure that everyone who performs a marriage would be as accommodating as our JOP, but it never hurts to ask, especially if you explain WHY you need it quickly. Also, I highly recommend getting several certified copies of your marriage certificate, not just one -- you'll be amazed at how often you'll need it in the coming months and years.

~ Jenney

khai ko

Just wanted to revisit this.

Could she have her medical done before the court marriage? Or must it be done after the marriage in order to be valid in the AOS package? Also, can the medical be done in a different state than the state in which we want to do the court marriage and file AOS from?

Thanks.

Noorah101

She can do the medical at any time, either before or after marriage, as long as it's within one year of filing the AOS paperwork. She can get it done by any USCIS approved doctor, in any state.

Best Wishes,
Rene

khai ko

Ok just wanted to visit this again as I had some more questions.

We got her medical done a few weeks ago. They did not do a chest x-ray since the skin test came out to be negative. From what I heard, both skin test and chest x-ray are requirements nowadays. Is this true? I tried convincing the civil surgeon of this and he asked me to produce a link where this is stated. Unfortunately, I did not find any news or press release to this effect. Should I just insist that they do the x-ray (even if this will cost us some extra $$$) because USCIS will ask for it for sure when the time comes?

We will be applying for the state marriage license in the next few days. WIll it be a problem if we obtain the marriage license from this state and then later decide that we want to get married from a different state. Is it just a matter of applying for and obtaining license from that state then ? We will probably use a different state's address for our USCIS correspondences than the states in which the medical was done and the wedding took place. Is this going to be a problem, if our addresses are different on the marriage certificate and her medical forms? (I live and work in SC for now and she goes to school here, but I'd like use a more permanent address which is NY also because the NY field office processing is much faster than those here in SC).

Finally, Are there any changes to the AOS filing procedures? Are the forms to be filed concurrently still I-130, I-485, I-131 (just in case), I-765?

Thanks a lot in advance.

Noorah101

I don't know for sure. You can either pay the extra money up front to insist on x-rays, or wait for an RFE from USCIS to tell you to get one. If they never RFE you, then you've saved that money.

You will need to get a marriage license in whatever state you intend to marry in, as far as I know. Getting one in SC for example, wont' do you any good in Las Vegas, you'd need to get another one from there.

I don't think this will be a problem.

You're supposed to file with the service center having jurisdiction over where you live. How will you justify living in NY if your home, work, and school are in SC?

The forms are the same, but be aware there is a huge increase in fees on July 30, 2007.

Rene

khai ko

Quote:
(I live and work in SC for now and she goes to school here, but I'd like use a more permanent address which is NY also because the NY field office processing is much faster than those here in SC).

You're supposed to file with the service center having jurisdiction over where you live. How will you justify living in NY if your home, work, and school are in SC?

**********************************

I plan on moving back to NY as soon as she finishes college which will be May 2008. Since I don't know how long this AOS process will take and whether it will be completed here in SC before May 08 here in SC, I would it rather have her case processed from NY. This will help avoid change of address in the middle of the AOS process. Do you think this can be a valid justification? i know nothing can be said for sure on this 'justification', but just wanted to see what people here feel.

ian-mstm

You must reside in the district where the application is filed... that's a pretty simple instruction, don't you think?

Ian

Noorah101

I agree with Ian. The instructions say to file at the service center having jurisdiction where you currently live, not where you will live at some point in the future.

Let's assume you live in SC but use the NY address. Let's then assume it doesn't take very long to get the AOS interview...in NY...but you still live in SC. You can't go to an interview in NY and show proof that you live and work in NY, if you are still living and working in SC.

File with the service center for SC, and do a change of address if necessary when you move. Or, don't move until the AOS is finished.

Rene

khai ko

This leads me to ask: What sort of proof of the petitioner's residence is required during the interview? What documents will those be?

Noorah101

For example, your State ID or Drivers License, any of the joint proof that you intend to show, anything that comes to your address in the mail, bills, tax returns, etc.

It would be odd if all your proof of joint life together has a SC address, yet you're appearing for an interview in NY. The officer might ask when you changed address from SC to NY, and you might have to show proof that you moved from SC to NY. If you use the NY address on all the forms, yet your bills are coming to SC, that just looks fishy.

Do you even have an address in NY? Do you have another residence there?

Rene

ian-mstm

You must have huge cojones... I sure as hell wouldn't risk having an application denied for no other reason than wanting to avoid filing a change of address.

You *must* reside in the district where the application is filed. Which part of that don't you understand? Geez... this isn't rocket science!

Ian

khai ko

Yes, I actually do have a residence in NY, which I feel is more "permanent" than my current SC address. Also, my work easily allows me to travel to NY and work out of our NY office and my NY residence, hence I have been more inclined to use my NY address in the AOS forms.

On a related topic, on page 3 (instructions on where to file) of the I-130 form, it is mentioned that if I-130 is concurrently being filed with I-485, both the forms should be filed with the **field office** (rather than service centers) of I-1485 "applicant's place of jurisdiction". Does this sound correct?

I was under the impression that those two completed forms should be first filed at the Chicago lock box.

Upon reading further I learned that a completed I-864 (affidavit of support) form is/may also needed along with the package I-130, I-485, I-131, I-765, G-325A. Is I-864 really needed? SHould all these six complete documents be sent to the lockbox address instead?

Finally, is it USCIS preferred if the wife changed her last name after the marriage (to show the bonafides of the marriage)? Or do they not care about names?

Noorah101

Well, as long as you can prove you live in NY when you file the AOS package, and that you've continued to live in NY since filing up until you have your interview, fine. So all your mail goes to NY address and someone sends it to you in SC, or perhaps you go check it periodically then, I assume.

No. AOS application packages get sent to the Chicago lockbox. The form instructions are outdated.

Correct. The get sent to Chicago lockbox.

Yes, the I-864 is really needed. It's a requirement. Yes, everything gets sent to the Chicago lockbox. Don't forget to include the full medical in its sealed envelope. Don't forget to include the biometrics fee if you are filing before July 30.

They don't care about names at all. She can keep her own name if she chooses to.

Rene