aos on visitor visa

[myangelblue 0]

i am wondering if anyone has filed like me so i can ask a few question about paperwork and getting my package together

my husband came on visitor visa almost year ago we married a month or so after he arrived he is now overstayed visitor visa , we did marry on spur of moment thing so he didnt intend on staying so if anyone else could plz tell me if they did same thing plz write me back i have got to have a lil piece of mind from someone who has done same thing thank

[payxibka 10,045]

i am wondering if anyone has filed like me so i can ask a few question about paperwork and getting my package together

my husband came on visitor visa almost year ago we married a month or so after he arrived he is now overstayed visitor visa , we did marry on spur of moment thing so he didnt intend on staying so if anyone else could plz tell me if they did same thing plz write me back i have got to have a lil piece of mind from someone who has done same thing thank

There are many here who have travelled this road...

As long as he was inspected and still has his I-94 then file I-130, I-485, I-765 and associated evidence and fees concurrently to the USCIS address in Chicago I believe.

[myangelblue 0]

on the form i-765 it asks what is status now , what would be ?

[bluegreen 0]

There is a whole subforum on adjusting from non-spousal visas now - Here

I just had a long discussion with a Canadian about it.

On the I-765 I put B2 (Canadian Visitor), So if your husband came on VWP, put "VWP (overstayed/out of status)" or something like that. I searched and searched and could not find a good answer for this.

Edited June 27, 2008 by bluegreen

[myangelblue 0]

i read some of theose post u did and like u we have to prove that hubby was pose to go back but really we dont have any he lived w/ his mom so other then her writing letters what other things could we use , as far as the whole are we really married im not to worried bout that cuz we are sooo no sweat there but proving he was going to go back is gonna b hard

[bluegreen 0]

i read some of theose post u did and like u we have to prove that hubby was pose to go back but really we dont have any he lived w/ his mom so other then her writing letters what other things could we use , as far as the whole are we really married im not to worried bout that cuz we are sooo no sweat there but proving he was going to go back is gonna b hard

Did he keep his English cell phone active? That's good to have - why would he do that if he was planning to stay here?

Did he have a vehicle insured?

Get anyone he might have had any plans with at all to write an Affidavit saying he was planning on coming back (travel plans? attending a concert? Anything??)

Did he have a job or contract to go back to? Even just a verbal agreement?

No return plane ticket??

Payment into any kind of medical plan? travel health insurance valid only for a specific amount of time??

They probably won't ask, but you do need to have something prepared in case. Good luck! You'll think of some things.

[myangelblue 0]

yes he had return plane ticket , he had job and is tryin to get someone from there to send letter that states he was suppose to b back , friends and family wrote letters , and his poor dog is still there ..lol his sister ended up selling car there . he has bills saying that he owes , hopefully they wont ask for it ..lol but anyway do i send all that with the packet? he really needs to get ead he's going nuts !

[bluegreen 0]

yes he had return plane ticket , he had job and is tryin to get someone from there to send letter that states he was suppose to b back , friends and family wrote letters , and his poor dog is still there ..lol his sister ended up selling car there . he has bills saying that he owes , hopefully they wont ask for it ..lol but anyway do i send all that with the packet? he really needs to get ead he's going nuts !

Oh he has waaaaayyyy more than I did. All I really had was a house and a phone, and some vague contract work offers.

No, don't send it with the packet. If they want it they'll ask, possibly at interview time, and they probably won't. But it will out YOUR mind at rest having it. I did write a brief note with my I-485 and one signed by my husband with my I-130 reiterating that I had no intent to immigrate, but that was probably not needed.

I bet he is going nuts after a year with no EAD. And you probably are too...

[myangelblue 0]

nuts prolly isnt the word...lol more like insane ! so if i may ask what should be sent in packet because reading on here most ppl are filing diff as me . i would love to know what to send jus to get ead going

[bluegreen 0]

nuts prolly isnt the word...lol more like insane ! so if i may ask what should be sent in packet because reading on here most ppl are filing diff as me . i would love to know what to send jus to get ead going

I sent EXACTLY what was asked for in this guide Concurrent I-130 and I-485

Nothing more, nothing less. If it asks for something you don't have (like an A#) just write N/A or NONE.

For evidence of a genuine relationship, we sent our joint back account statement (see if you can have him added to yours), our family plan cell phone statement (we had to get At&T to print a screen shot from their internal system to show this because the bill only show one name) Cable bill (we added me) Lease (we added me), a printout showing me as his life insurance beneficiary, Five photos, and that's it. You don't have to go insane. If they need more they will ask for it at the interview. Bring everything to the interview - phone statements, love letters, things addressed to both of you, etc.

Just follow the guide to the letter. It is all there. Treat the two (1-130 and I-485) like they are separate - do as each package requires, even if it seems redundant.

Edited June 27, 2008 by bluegreen

[payxibka 10,045]

nuts prolly isnt the word...lol more like insane ! so if i may ask what should be sent in packet because reading on here most ppl are filing diff as me . i would love to know what to send jus to get ead going

At the moment, you cannot just file the EAD (I-765) because his current status does not allow.... The EAD can only be issued as an interim benefit once you have submitted an I-485 application.

[myangelblue 0]

thanks so much for all the info , i was thinking u have to send all that with packet . so its good to know i dont have to have everything all at once.

[payxibka 10,045]

If you do not want to do it all at one time there is a sequence that has to be followed..

1) I-130

2) I-485

3) I-765

[myangelblue 0]

i want to file all paperwork at once but i jus wasnt sure if you had to send all proof of marriage and intent to go back has to be sent with packet.