becks_r

Hi all

I'm not sure if this is the correct place to post this, but here goes.

I got married to a US citizen in November last year and applied for change of status immediately.

Now that I have applied for change of status I can't actually leave the US until my visa is granted (hopefully). So I spoke to the immigration lawyer I'm using and they said that now I have an alien number applied to me, I can get my belongings out of storage in UK and get them shipped to US - and they are on a ship as I type!! The shipping company was happy to ship them, as they were worried about the threatened dock strike. And I double checked this advice by talking to an official in Buffalo when I got my biometrics done. I also think I saw a thread here that said I didn't need a visa before shipping things over.

But now I have been asked by the shipping agents in US for a copy of my visa and I am concerned that the advice I have been given has been wrong. I really need my belongings, for various health and financial reasons and having been without them for over a year now, it is causing me major problems.

Does anyone have experience of shipping belongings before getting the visa. The way I see it is that I am here legally, I can't leave before the visa arrives so need my things with me while I am waiting and if the worst situation happens and I get refused the visa, it will be down to me to brunt the cost of either shipping everything back to UK or selling things off here in US.

Sorry for the long question.....

Noorah101

You are doing an "Adjustment of Status (AOS)", not a change of status as you say. Change of status is something else.

You will not be getting a visa of any kind. What you have done is applied to adjust your status from whatever it was, to become a US Permanent Resident. This is all done from within the USA, so you will not be receiving a visa at all. A visa is something you get from outside the USA in order to enter the USA.

You'll have to just tell the shipping company that you will not be receiving a visa, that you are already inside the USA, and see what other documents they can use in lieu of a copy of a visa.

Rene

Apfelkuchen

What visa were you on originally (before you applied to adjust status)? Can't you show them that one? Or did you enter under the VWP?

becks_r

I was on VWP

Noorah101

You mean until your AOS is approved.

You can leave the USA once you have AP in hand, but only if you did not overstay by more than 180 days prior to filing AOS.

But then again, if your stuff is sitting at a dock in the USA, going back home won't help you anyway. Contact the shipping agent, explain your situation (don't use the word visa, as you won't be getting one), and see what they can do.

Rene

Rete

They have an immigration attorney and it doesn't seem as if they applied for advance parole. Wonder if they applied for work authorization (EAD Form I-751) so they could at least get a social security card/number.

The shipping office needs proof that you are allowed to live in the US. Your EAD might have been sufficient for that or you might well have to wait until your have your green card.

becks_r

Hi Rene

thanks for your advice - I will get back to the shipping agents.

And thanks for putting me right - you are correct, it is AOS!!

becks_r

Hi Rete

No we haven't applied for Advanced parole, my lawyer suggested I waited to see if the AOS came through in a timely manner!! But it is something I might have to do anyway as I might have to rush back to UK for family reasons.

However, when I applied for AOS, I also applied for Work and Travel permit and I have receipt documentation for the all 3

Noorah101

Advance Parole IS the travel permit. Nowadays the AP and EAD are issued combined into one card.

The fact that you have 3 receipts sounds like you DID apply for it. One receipt for I-485, one receipt for I-131 and one receipt for I-765, right?

Rene

Apfelkuchen

Out of curiosity, what (if any) are the customs implications for somebody of the OP's immigration status (AOS applicant from VWP) when shipping their belongings to the US? Do the terms differ from those applied to LPRs?

becks_r

yes that is right, I have receipts for all three.

As regards the Advanced Parole, maybe I am talking about something else, but my lawyer said that if I needed to go back to UK before the I-131 comes through, I could ask for it to be advanced through urgently due to emergency

Noorah101

Oh, I see. If that's the case, then you could only try and see if you get it. Otherwise, you will use the AP you get in the mail.

Rene

becks_r

not sure the relevance of that question, but it wasn't a spur of moment as not thought through properly if thats what you mean

becks_r

Hi Rene

I will only try for it if there is a true emergancy in Uk

many thanks for all the information so far,

Becks

Apfelkuchen

I didn't see the question that was deleted but guess it was probably getting at the fact that it is illegal to come to the US on the VWP with preconceived intent to marry and apply to adjust status.