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Do we need to file for AOS at 1st POE city?

Do we need to file for AOS at 1st POE city?

Old Sep 24th 2002, 9:08 am
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Default Do we need to file for AOS at 1st POE city?

My fiance (UKC) will be coming to Seattle on a K1 visa and we will be married there a couple weeks later. Do we need to file for Adjustment of Status at the Seattle INS center (first POE) or can we wait until we move to Detroit after the wedding so we can take advantage of same-day filing at the Detroit INS center?

We have friends who started the process in Seattle, and when they moved to San Fran, they had to fly back for the interview! We want to avoid the extra expense of returning to Seattle if possible.

Thanks, Nicole
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Old Sep 24th 2002, 9:53 am
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Default Re: Do we need to file for AOS at 1st POE city?

Originally posted by nickson:
My fiance (UKC) will be coming to Seattle on a K1 visa and we will be married there a couple weeks later. Do we need to file for Adjustment of Status at the Seattle INS center (first POE) or can we wait until we move to Detroit after the wedding so we can take advantage of same-day filing at the Detroit INS center?

We have friends who started the process in Seattle, and when they moved to San Fran, they had to fly back for the interview! We want to avoid the extra expense of returning to Seattle if possible.

Thanks, Nicole
Hi:

I'm an immigration lawyer practicing in Los Angeles. No, you don't have to file in the city of POE or of marriage. You have to file in the city of your residence at time of filing.
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Old Sep 24th 2002, 10:32 am
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Default Re: Do we need to file for AOS at 1st POE city?

Originally posted by Folinskyinla:


Hi:

I'm an immigration lawyer practicing in Los Angeles. No, you don't have to file in the city of POE or of marriage. You have to file in the city of your residence at time of filing.
Thanks! Great news. We will wait to start the AOS process until our move to Detroit.

Nicole
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Old Sep 24th 2002, 1:02 pm
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Default Re: Do we need to file for AOS at 1st POE city?

"nickson" wrote in message
news:[email protected]
.com
...
    > My fiance (UKC) will be coming to Seattle on a K1 visa and we will be
    > married there a couple weeks later. Do we need to file for Adjustment of
    > Status at the Seattle INS center (first POE)

No.

    > or can we wait until we
    > move to Detroit after the wedding so we can take advantage of same-day
    > filing at the Detroit INS center?

Yes.

Personally I have no idea if Detroit is still doing same day AOS for K1, you
might check the newsgroup archives on google.

Also I believe you should file AOS within the 90 day K1 window to remain in
status but other's will no doubt confirm/deny.


    > We have friends who started the process in Seattle, and when they moved
    > to San Fran, they had to fly back for the interview! We want to avoid
    > the extra expense of returning to Seattle if possible.
    > Thanks, Nicole
    > --
    > Posted via http://britishexpats.com
 
Old Sep 24th 2002, 3:53 pm
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Default Re: Do we need to file for AOS at 1st POE city?

"Folinskyinla" wrote in message
news:[email protected]
.com
...
    > I'm an immigration lawyer practicing in Los Angeles. No, you don't have
    > to file in the city of POE or of marriage. You have to file in the city
    > of your residence at time of filing.

Are there minimum residency requirements before you can file at a particular
office? Or, are you eligible/required to file at a particular office on the
day you move within that office's jurisdiction?

Paulgani
 
Old Sep 24th 2002, 3:56 pm
  #6  
Andy Platt
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Default Re: Do we need to file for AOS at 1st POE city?

I've looked before but could only findrequirements for naturalization, not
for AOS.

Andy.

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"paulgani" wrote in message
news:[email protected]
m
...
    > "Folinskyinla" wrote in message
    > news:[email protected]
    > ts.com
    ...
    > > I'm an immigration lawyer practicing in Los Angeles. No, you don't have
    > > to file in the city of POE or of marriage. You have to file in the city
    > > of your residence at time of filing.
    > Are there minimum residency requirements before you can file at a
particular
    > office? Or, are you eligible/required to file at a particular office on
the
    > day you move within that office's jurisdiction?
    > Paulgani
 
Old Sep 24th 2002, 7:27 pm
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Dan
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Default Re: Do we need to file for AOS at 1st POE city?

"Me" wrote in message news:...

    > Also I believe you should file AOS within the 90 day K1 window to remain in
    > status but other's will no doubt confirm/deny.

The AOS should be done asap after marriage. If you marry within the 90
day period, you are in status. As far as I could see, there was no
time period the AOS had to be filed. Of course one would want to file
the AOS quickly to get that conditional GC.

FWIW we married in Apr, and filed the AOS in July. If we didn't marry
she would have been illegal in June

Does anyone have timeframes for getting an interview after filing the
AOS?

Dan
 
Old Sep 24th 2002, 7:35 pm
  #8  
Andy Platt
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Default Re: Do we need to file for AOS at 1st POE city?

"Dan" wrote in message
news:acb50052.0209241127.-
[email protected]
...
    > "Me" wrote in message
news:...
    > >
    > > Also I believe you should file AOS within the 90 day K1 window to remain
in
    > > status but other's will no doubt confirm/deny.
    > >
    > The AOS should be done asap after marriage. If you marry within the 90
    > day period, you are in status. As far as I could see, there was no
    > time period the AOS had to be filed. Of course one would want to file
    > the AOS quickly to get that conditional GC.

This is not strictly true. Although the law states that the marriage must be
within the 90 days to adjust status based on the K-1 entry, it does not say
that you remain in status past the 90 days without filing. You will be out
of status and you will start to accrue illegal presence time which, at the
180 day point (this is 180 days after the 90 days of stay on the I-94) you
would be subject to the three year ban if you left the US. Since overstays
are forgiven and since the marriage was concluded within the 90 days, you
were able to file to adjust status but there was illegal presence none the
less.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Sep 25th 2002, 5:22 am
  #9  
Mrtravel
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Default Re: Do we need to file for AOS at 1st POE city?

paulgani wrote:
    > "Folinskyinla" wrote in message
    > news:[email protected]
    > ts.com
    ...
    > > I'm an immigration lawyer practicing in Los Angeles. No, you don't have
    > > to file in the city of POE or of marriage. You have to file in the city
    > > of your residence at time of filing.
    > Are there minimum residency requirements before you can file at a particular
    > office? Or, are you eligible/required to file at a particular office on the
    > day you move within that office's jurisdiction?

You are required to use the office of your residence. There is no
minimum time
to reside in a location to file I-485
 
Old Sep 25th 2002, 8:45 am
  #10  
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Default Re: Do we need to file for AOS at 1st POE city?

As far as I can tell (based on the INS web site), there are only 3 processing centers in Michigan (Detroit, Slte St. Marie, and Grand Rapids). As we will be moving to Ann Arbor a week after the wedding, I assume the Detroit Center is our office of jurisdiction? I couldn't find a zip code look-up feature on the INS web site.

Thanks, Nicole


You are required to use the office of your residence. There is no
minimum time
to reside in a location to file I-485
[/SIZE][/QUOTE]
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Old Sep 25th 2002, 7:50 pm
  #11  
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Default Re: Do we need to file for AOS at 1st POE city?

Nicole - I live in Ann Arbor, and you are right, your new INS district
office will be Detroit. However, fyi, Matt Udall posted a few weeks ago
(early September, I think) that he had spoken to someone in Detroit about
whether they were still doing "instant AOS" and was told it would be "ending
soon" or words to that effect. I called the Detroit office, and spoke to a
woman who answered the phone for Detroit AOS questions. She said that she
hadn't heard anything about the instant AOS ending, (her exact quote was "I
hope not!") and she thought "the info was wrong". I have a sinking feeling
that Mr. Udall got the better info, from a better source, and that Detroit
will stop the instant AOS in the near future. My fiance and I aren't going
to be getting married and adjusting until early December, so I'll be
watching to see if you are successful. Good luck with the wedding - and the
adjusting! Kristin

nickson wrote:

    > As far as I can tell (based on the INS web site), there are only 3
    > processing centers in Michigan (Detroit, Slte St. Marie, and Grand
    > Rapids). As we will be moving to Ann Arbor a week after the wedding, I
    > assume the Detroit Center is our office of jurisdiction? I couldn't find
    > a zip code look-up feature on the INS web site.
    > Thanks, Nicole
    > You are required to use the office of your residence. There is no
    > minimum time
    > to reside in a location to file I-485
    > --
    > Posted via http://britishexpats.com
 
Old Sep 26th 2002, 8:33 am
  #12  
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Default Re: Do we need to file for AOS at 1st POE city?

Originally posted by Kristin:
Nicole - I live in Ann Arbor, and you are right, your new INS district
office will be Detroit. However, fyi, Matt Udall posted a few weeks ago
(early September, I think) that he had spoken to someone in Detroit about
whether they were still doing "instant AOS" and was told it would be "ending
soon" or words to that effect. I called the Detroit office, and spoke to a
woman who answered the phone for Detroit AOS questions. She said that she
hadn't heard anything about the instant AOS ending, (her exact quote was "I
hope not!") and she thought "the info was wrong". I have a sinking feeling
that Mr. Udall got the better info, from a better source, and that Detroit
will stop the instant AOS in the near future. My fiance and I aren't going
to be getting married and adjusting until early December, so I'll be
watching to see if you are successful. Good luck with the wedding - and the
adjusting! Kristin
Kristin,

I hope for both of our sakes that this change doesn't occur until the new year (if ever).

It would be great to meet up with you and your fiance after we move to Ann Arbor. As we don't know many people there, we'd like to connect with others going through the INS process. You can email me privately at [email protected].

Best Wishes, Nicole
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