Shoud we file I-130 and AOS at the same time?

[darlandta 0]

Happy holidays everyone!

My girlfriend (now my wife) came here with a tourist visa for a family reunion and during her stay i popped the question and we decided to get married here in the U.S. Her tourist visa runs until march 2009. Reading through visajourney and the USCIS website, it seemed the appropriate route for us to take was to file the I-130, wait 'til we get a visa number then file for an adjustment of status then the EAD, in that order. We sent out the I-130 December 12 and we got the first NOA yesterday, December 19. Here are a couple of points we need clarification on and any help will be greatly appreciated:

1) can we/should we file for an AOS now or do we wait until she gets her spousal visa approved and THEN file the AOS?

2) does she have to leave in March 2009 if the I-130 (or the AOS if that's something we need to file now) doesn't get finished by then or can she stay and wait for everything here with me?

3) can she get a social security number right now or does she have to wait until everything is completed?

i researched this greatly, directly from the USCIS website and here at visajourney as well as people we've met along the way and sometimes it's hard to get a definitive answer that sometimes you find more questions than answers. I just don't want for things to get messed up simply because the process wasn't followed correctly. On a happier note, this is the first christmas we're spending together as husband and wife and i feel hopeful and blessed that we have the opportunity. i know there are many out there that aren't as lucky and our prayers and hope goes out to everyone in this "immigration" process.

happy holidays everyone!

[Reba 2]

If she's adjusting status, you should have sent in the I-485, I-765 and I-131 all at the same time with the I-130. You can probably do it now, but there may be additional fees for each form now.

See the Guides above specifically the one for Adjustment of Status "US and Foreign Spouse are both residing in the US"

[Beantownbabe 1]

Happy holidays everyone!

My girlfriend (now my wife) came here with a tourist visa for a family reunion and during her stay i popped the question and we decided to get married here in the U.S. Her tourist visa runs until march 2009. Reading through visajourney and the USCIS website, it seemed the appropriate route for us to take was to file the I-130, wait 'til we get a visa number then file for an adjustment of status then the EAD, in that order. We sent out the I-130 December 12 and we got the first NOA yesterday, December 19. Here are a couple of points we need clarification on and any help will be greatly appreciated:

1) can we/should we file for an AOS now or do we wait until she gets her spousal visa approved and THEN file the AOS?

2) does she have to leave in March 2009 if the I-130 (or the AOS if that's something we need to file now) doesn't get finished by then or can she stay and wait for everything here with me?

3) can she get a social security number right now or does she have to wait until everything is completed?

i researched this greatly, directly from the USCIS website and here at visajourney as well as people we've met along the way and sometimes it's hard to get a definitive answer that sometimes you find more questions than answers. I just don't want for things to get messed up simply because the process wasn't followed correctly. On a happier note, this is the first christmas we're spending together as husband and wife and i feel hopeful and blessed that we have the opportunity. i know there are many out there that aren't as lucky and our prayers and hope goes out to everyone in this "immigration" process.

happy holidays everyone!

Hi,

File AOS now - I wouldn't wait it just makes everything even longer than it already is. She will not have to leave once AOS is pending - another reason you should file. I'm not completely sure that she can get a ssn right now, or it may be that she can get one that is stamped "not valid for employment purposes." Once she has an EAD she will be able to get one with no problem. (Yet another reason to file now!) If they DO allow her one, she'll probably need a valid I-94/visa in her current passport along with any other primary evidence requested. Someone else will chime in here because I can't give you a definitive response - good luck though!

[darlandta 0]

Thanks for the feedback. The guides and the USCIS website didn't say to file them at the same time, which is why we didn't. We'll go ahead and file the AOS this week and tack on the info in the cover letter for the I-130. This makes me feel a little better that we caught it now than later. Thanks!

[darlandta 0]

If she's adjusting status, you should have sent in the I-485, I-765 and I-131 all at the same time with the I-130. You can probably do it now, but there may be additional fees for each form now.

See the Guides above specifically the one for Adjustment of Status "US and Foreign Spouse are both residing in the US"

Hi! On part 2 (Applicant Type) of the I-485, what does my wife fall under? She doesn't have a visa number yet so it can't be Option A. Help!

[alexpapa 4]

If she's adjusting status, you should have sent in the I-485, I-765 and I-131 all at the same time with the I-130. You can probably do it now, but there may be additional fees for each form now.

See the Guides above specifically the one for Adjustment of Status "US and Foreign Spouse are both residing in the US"

Hi! On part 2 (Applicant Type) of the I-485, what does my wife fall under? She doesn't have a visa number yet so it can't be Option A. Help!

(a) is correct, the I-130 when filing concurrently makes a visa number available immediately

[eau_xplain 2]

Don't forget to include a copy of the NOA for the I-130 that you have already submitted. This will enable the USCIS to "attach" your I-130 and AOS files for concurrent processing.