AOS from F1 to GC

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AmitRanga

Registered Users (C)
Greetings to Everybody,

I have completed the formalities for citizenship and waiting on my oath/naturalization certificate. My wife is on an F1, with her OPT expired on May 31, 2004. She has taken an admission in a community college to keep her status legal since her F1 is valid until Aug 2005. I had filed for her Green Card in June 2001 based on my GC. Appreciate if somebody would help me with the following questions:

1. What paperwork/forms do I need to submit to upgrade her GC application from that petitioned by a GC holder to a citizen. Is this advisabel or shall I just go ahead and file a new AOS?

2. Will she be of legal status as soon as the I-485 is filed? Or does she need to get a receipt for the same?
 
2) she will not be able to file I-485 until her I-130 is approved. If you have to wait for a long time for that, considering that you are an LPR waiting for citizenship, you may have to file a whole new package I-130+I-485, whichever suits your needs best. Depending on your location, the old I-130 may be approved quite quickly. Yes, your wife will be in legal status once she applies for AOS (I-485), but I don't know what you have to send and where to upgrade her status to USC wife from LPR wife.
 
After your oath you can apply I485 at your local suboffice along with the Receipt notice of I130 that you filed earlier. You need to write a letter to the USCIS stating your status change and request to upgrade the petition.

As per the new memo couple of weeks back from USCIS, you dont have to file a new I130, the district suboffice will contact the corresponding service center and the service center is supposed to send the petition back via FEdex within 15 days to the suboffice for further processing. But the suboffice processing may depend on the current backlog on that category.

check out this link
http://www.immigration.com/newsletter1/i130pendingpetition.pdf
 
Thank you sooooo much for this memo! I am filing for AOS tomorrow, and I have an I-130 pending at a TSC, and I was told I'd have to file a new I-130. Your memo really helps!
 
LucyMO,

Did you apply for the AOS? Please share your experience. Also did you submit the medical report along with AOS application??

Thanks
 
yes, I actually went to the Atlanta office, and after waiting for two hours I was told they'd accept AOS papers only through mail. So, I went to the post office and mailed my stuff. I included a cover letter explaining that my I-130 is pending at the Texas Center and requested that it be transferred to Atlanta office. I also enclosed a copy of the memo you posted. Just in case. :)

Well, it's been 7 days, the checks haven't been cashed yet and I didn't get a receipt.

I am concerned because of a different issue: I have filed 212(e) waiver and it's pending at TSC. I didn't have a notice of receipt for the waiver yet by the time I was filing AOS (and I didn't know I was getting one - because DOS is filing it on my behalf without my participation, so the actual procedure was unknown to me), so I enclosed a copy of favorable recommendation for a waiver from DOS, just like I am supposed to. Now, I will know soon if my AOS application is rejected for any reason -- for example, if they want a copy of the notice of receipt and not the favorable recommendation (lawyers say you only need the recommendation copy to apply for AOS, but INS website said - concurrent filing. But you can't really file concurrently in my case, since I am applying for AOS at Atlanta, while Department of State is forwarding my waiver docs to TSC) - then the whole package will be returned to me pretty soon.

I hope I didn't get you confused with all this waiver stuff....
Cheers! Lucy
 
And, no, I didn't submit the medicals. AOS takes three years in Atlanta, and on the I-485 application it says - when applying at the local office, do not submit medicals with AOS papers, wait as much as you can and have the medical exam done before the interview, and bring the results to the interview. Three years is a long time, so my medical results would be long expired by the time of the interview. :)
 
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