Adjustment of status

[Maty 0]

So i got here in the US last December 2007 on a tourist visa. I met someone and recently got married with him a week ago. We do not know what are the next steps to take in order for me adjust my status. I have visited the USCIS website and it seems like they dont entertain in-person discussions for this cases and all applpications must be mailed. I looked at the forms and seemed complicated.

We are planning to hire the services of immigration lawyers but is so hesitant to do so coz they charge too much and we feel that we should look into other alternatives. I hope you can help us figure out the necessary steps to follow in order for us to start the ball rolling, Also, can anyone tell me if in case the immigration has not approved the petition yet, can I already start working so I can share financial burden with my husband?

Thanks a lot in advance.

[Stillness 0]

There are some really useful guides stickied in the forums, you should go check them out.

Being on a tourist visa, you won't be able to work until you receive an EAD/work authorization.

As far as the lawyer bit, I'm sure different people will have different opinions. Lots of people here seem to do just fine without a lawyer. We went with a lawyer though, and I don't regret it. Being on a tourist visa can be a bit touchier than other visas for adjustment of status. You will want to apply for work authorization at the same time you apply for the AOS, however I'd advise against AP.

Good luck.

Edited May 29, 2008 by Stillness

[Maty 0]

There are some really useful guides stickied in the forums, you should go check them out.

Being on a tourist visa, you won't be able to work until you receive an EAD/work authorization.

As far as the lawyer bit, I'm sure different people will have different opinions. Lots of people here seem to do just fine without a lawyer. We went with a lawyer though, and I don't regret it. Being on a tourist visa can be a bit touchier than other visas for adjustment of status. You will want to apply for work authorization at the same time you apply for the AOS, however I'd advise against AP.

Good luck.

Thanks a lot for your response.

So do I have to file all the documents all at once? (I-130, I-485 and application for a working permit?)

Also, would I be needing to request for extension since my stay in the US will expire on June 22, 2008? Will this cause a problem?

Would you know?

Thanks a lot.

[*JG* 2]

There are some really useful guides stickied in the forums, you should go check them out.

Being on a tourist visa, you won't be able to work until you receive an EAD/work authorization.

As far as the lawyer bit, I'm sure different people will have different opinions. Lots of people here seem to do just fine without a lawyer. We went with a lawyer though, and I don't regret it. Being on a tourist visa can be a bit touchier than other visas for adjustment of status. You will want to apply for work authorization at the same time you apply for the AOS, however I'd advise against AP.

Good luck.

Thanks a lot for your response.

So do I have to file all the documents all at once? (I-130, I-485 and application for a working permit?)

Also, would I be needing to request for extension since my stay in the US will expire on June 22, 2008? Will this cause a problem?

Would you know?

Thanks a lot.

No. You do need to file for adjustment before it expires, though.

[Stillness 0]

As said above, if you apply for the AOS before your visa runs out you shouldn't have to extend it, as technically your status will continue to be lawful while the AOS is being processed.

Yes you will need the information and paperwork for the I-130, I-486, and I-765 all in one bundle, and it's a fun bundle to put together I know hehe. You don't have to apply for the work authorization (I-765) however it's included in the fee and I don't see any reason not to apply for it.

Early though it may be, you might put some thought into collecting supporting documentation. Our bundle included a letter from my husband detailing how we met, how long we dated, and the events leading up to our marriage, a copy of our marriage certificate, the most recent tax joint tax return, and a few other documents. Even things like cards of congratulations from family and friends addressed to you both could be helpful.

For the actual interview you will want as much documentation as possible, but obviously you just got married so you won't have much paperwork. Keeping a collection of pictures, letters and cards addressed to you both is a good start. If you can, have your name added to household bills like phone and electric and keep copies of them in a file. If you rent an apartment/house, have your name added to the lease. A joint bank account is also great to have, but may not be possible. Ours for example would not add me to the account without a social security number

Probably the most important advice I could give you would be to stay calm and focus on one thing at a time, it is a complicated process and it can be easy to feel overwhelmed by it all, but take it one step at a time and you'll get through it.

[Heliosphan 1]

Probably the most important advice I could give you would be to stay calm and focus on one thing at a time, it is a complicated process and it can be easy to feel overwhelmed by it all, but take it one step at a time and you'll get through it.

Couldn't agree more

[Dr Mirage 0]

I know that you will need to provide supporting documents that you met your husband while you were visiting the US and not before you came into the US. USCIS is does not permitt immigrating to the US with the use of a Non-Immigrant Visa. (tourist visa)

This is a technical situation because what you are doing is the easy way to immigrate to the US and not applying for a Spouse (K-3) or Fiance (K-1) visa or CR-1, IR-1 or Direct Consular.

While marrying a US Citizen while visiting the US is not illegal, using a tourist visa to immigrate to the US is.

So I strongly suggest that you get a lawyer to know more about the options that you have.

It may cost some money, but it helps you understand your options because if you make a wrong move, you may have to go back to your country and apply for the K-3 Visa. (which takes average of 9 months to get)

[ViVi and JimJim 0]

I doubt that your I-94 is going to be expired in June because you said you came to the US in last Dec with your tourist visa.

Just worried if you have enough time to prepare everything for the AOS. Good Luck to you!!

So i got here in the US last December 2007 on a tourist visa. I met someone and recently got married with him a week ago. We do not know what are the next steps to take in order for me adjust my status. I have visited the USCIS website and it seems like they dont entertain in-person discussions for this cases and all applpications must be mailed. I looked at the forms and seemed complicated.

We are planning to hire the services of immigration lawyers but is so hesitant to do so coz they charge too much and we feel that we should look into other alternatives. I hope you can help us figure out the necessary steps to follow in order for us to start the ball rolling, Also, can anyone tell me if in case the immigration has not approved the petition yet, can I already start working so I can share financial burden with my husband?

Thanks a lot in advance.

[Lil Miss Sunshine 14]

So i got here in the US last December 2007 on a tourist visa. I met someone and recently got married with him a week ago. We do not know what are the next steps to take in order for me adjust my status. I have visited the USCIS website and it seems like they dont entertain in-person discussions for this cases and all applpications must be mailed. I looked at the forms and seemed complicated.

We are planning to hire the services of immigration lawyers but is so hesitant to do so coz they charge too much and we feel that we should look into other alternatives. I hope you can help us figure out the necessary steps to follow in order for us to start the ball rolling, Also, can anyone tell me if in case the immigration has not approved the petition yet, can I already start working so I can share financial burden with my husband?

Thanks a lot in advance.

i've adjusted from B2 visa myself. my hubby and i did the paperworks ourselves. we just followed the guidelines as provided by visajourney. you need to have your employment authorization card before you can work.

good luck!

[Maty 0]

So i got here in the US last December 2007 on a tourist visa. I met someone and recently got married with him a week ago. We do not know what are the next steps to take in order for me adjust my status. I have visited the USCIS website and it seems like they dont entertain in-person discussions for this cases and all applpications must be mailed. I looked at the forms and seemed complicated.

We are planning to hire the services of immigration lawyers but is so hesitant to do so coz they charge too much and we feel that we should look into other alternatives. I hope you can help us figure out the necessary steps to follow in order for us to start the ball rolling, Also, can anyone tell me if in case the immigration has not approved the petition yet, can I already start working so I can share financial burden with my husband?

Thanks a lot in advance.

i've adjusted from B2 visa myself. my hubby and i did the paperworks ourselves. we just followed the guidelines as provided by visajourney. you need to have your employment authorization card before you can work.

good luck!

thanks a lot for your response. This has made me more motivated that we could work this out. I would be downloading all the forms and hopefully be able to complete all that is requested from us.

I may have additional questions on how to fill up the forms though. Thanks a lot in advance.

Thanks everyone!

[Maty 0]

So i got here in the US last December 2007 on a tourist visa. I met someone and recently got married with him a week ago. We do not know what are the next steps to take in order for me adjust my status. I have visited the USCIS website and it seems like they dont entertain in-person discussions for this cases and all applpications must be mailed. I looked at the forms and seemed complicated.

We are planning to hire the services of immigration lawyers but is so hesitant to do so coz they charge too much and we feel that we should look into other alternatives. I hope you can help us figure out the necessary steps to follow in order for us to start the ball rolling, Also, can anyone tell me if in case the immigration has not approved the petition yet, can I already start working so I can share financial burden with my husband?

Thanks a lot in advance.

i've adjusted from B2 visa myself. my hubby and i did the paperworks ourselves. we just followed the guidelines as provided by visajourney. you need to have your employment authorization card before you can work.

good luck!

Im a bit confused, do I have to pay for the filing fee of I-765 if I am already paying for the filing fees of I-130 and I-485? In reference to the USCIS special instructions.

Thanks..

[ViVi and JimJim 0]

No need if you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765.

So you just need to pay $1010 for I-485, I-765 and I-131 (optional if you want to exit USA before you got your GC).

Also pay $355 for I-130.

[Kez/JWolf 6]

I know that you will need to provide supporting documents that you met your husband while you were visiting the US and not before you came into the US. USCIS is does not permitt immigrating to the US with the use of a Non-Immigrant Visa. (tourist visa)

This is a technical situation because what you are doing is the easy way to immigrate to the US and not applying for a Spouse (K-3) or Fiance (K-1) visa or CR-1, IR-1 or Direct Consular.

While marrying a US Citizen while visiting the US is not illegal, using a tourist visa to immigrate to the US is.

So I strongly suggest that you get a lawyer to know more about the options that you have.

It may cost some money, but it helps you understand your options because if you make a wrong move, you may have to go back to your country and apply for the K-3 Visa. (which takes average of 9 months to get)

The part highlighted is incorrect. you do not have to prove that you met you now spouse after your entry to the US. You may be asked at interview for evidence that you intended to return home after your visit to the US.

I had known my late wife all my life and we had spent every summer together as children, so knowing your spouse before hand does not stop you filling for AOS. As already said it all come down to intent at entry not when you met.

Jon

[bluegreen 0]

I know that you will need to provide supporting documents that you met your husband while you were visiting the US and not before you came into the US. USCIS is does not permitt immigrating to the US with the use of a Non-Immigrant Visa. (tourist visa)

This is a technical situation because what you are doing is the easy way to immigrate to the US and not applying for a Spouse (K-3) or Fiance (K-1) visa or CR-1, IR-1 or Direct Consular.

While marrying a US Citizen while visiting the US is not illegal, using a tourist visa to immigrate to the US is.

So I strongly suggest that you get a lawyer to know more about the options that you have.

It may cost some money, but it helps you understand your options because if you make a wrong move, you may have to go back to your country and apply for the K-3 Visa. (which takes average of 9 months to get)

The part highlighted is incorrect. you do not have to prove that you met you now spouse after your entry to the US. You may be asked at interview for evidence that you intended to return home after your visit to the US.

I had known my late wife all my life and we had spent every summer together as children, so knowing your spouse before hand does not stop you filling for AOS. As already said it all come down to intent at entry not when you met.

Jon

Yes, good point to make Jon. In fact, I was curious and confused about this at first, until I came across some of Kez's posts:) My husband and I were dating and even unofficially engaged before I came to visit him and ended up staying. It is all about intent.

Maraandres, there is a really good guide on here that provides everything you need to do and links to all the forms. There are a few confusing parts on some of the forms because you are filing them all together, so the answer is not always immediately obvious, but the answers are all on VJ somewhere, or you can ask.

[Maty 0]

I know that you will need to provide supporting documents that you met your husband while you were visiting the US and not before you came into the US. USCIS is does not permitt immigrating to the US with the use of a Non-Immigrant Visa. (tourist visa)

This is a technical situation because what you are doing is the easy way to immigrate to the US and not applying for a Spouse (K-3) or Fiance (K-1) visa or CR-1, IR-1 or Direct Consular.

While marrying a US Citizen while visiting the US is not illegal, using a tourist visa to immigrate to the US is.

So I strongly suggest that you get a lawyer to know more about the options that you have.

It may cost some money, but it helps you understand your options because if you make a wrong move, you may have to go back to your country and apply for the K-3 Visa. (which takes average of 9 months to get)

The part highlighted is incorrect. you do not have to prove that you met you now spouse after your entry to the US. You may be asked at interview for evidence that you intended to return home after your visit to the US.

I had known my late wife all my life and we had spent every summer together as children, so knowing your spouse before hand does not stop you filling for AOS. As already said it all come down to intent at entry not when you met.

Jon

Yes, good point to make Jon. In fact, I was curious and confused about this at first, until I came across some of Kez's posts:) My husband and I were dating and even unofficially engaged before I came to visit him and ended up staying. It is all about intent.

Maraandres, there is a really good guide on here that provides everything you need to do and links to all the forms. There are a few confusing parts on some of the forms because you are filing them all together, so the answer is not always immediately obvious, but the answers are all on VJ somewhere, or you can ask.

I have a question and I dont know if this will make any sense to any of you. Since I cam here without any intention of getting married, I do not have my birth certificate and it will awhile before I could get it. will it be alright to send the package without my birthcertificate just so to start notifying USCIS that I have the intention of changing my status coz my stay will expire on the June 22, 2008. What do you think? Shall I go ahead and send my package without my birthcertificate?

Thanks a lot.