visa process when spouse is already living in US

[bigbluueyes 0]

Hi Everyone, I read so much about spouses from abroad that are living abroad when the visa process is started. Does anyone have any experience when your foreign spouse is already in the states from a previous visa. His visa has expired but he did enter legally. Our lawyer says we have to start with the I-130. Whats the difference between that and an I-129? I cant seem to get a full answer from other resouces.

Thanks in advance

[Krikit 1,164]

Hi BigBluuEyes. I am moving your post to the appropriate forum. Bottom line is that your spouse can adjust status if he entered legally without intent to immigrate. Take a look around this forum and you should find all your answers.

All the best.

[Gaby&Talbert 1]

Hi BigBluuEyes. I am moving your post to the appropriate forum. Bottom line is that your spouse can adjust status if he entered legally without intent to immigrate. Take a look around this forum and you should find all your answers.

All the best.

If your lawyer is telling you to only start the I-130 process then it is time for a new lawyer!

[SAT 9,609]

Hi Everyone, I read so much about spouses from abroad that are living abroad when the visa process is started. Does anyone have any experience when your foreign spouse is already in the states from a previous visa. His visa has expired but he did enter legally. Our lawyer says we have to start with the I-130. Whats the difference between that and an I-129? I cant seem to get a full answer from other resouces.

Thanks in advance

Hey Big Blue, I am in the same situation. Go click on my name and read my files. It'll show you what I did. and read my timeline as well.

In sum, I met my foreign wife here in the USA, and married her.

She had an expired I-94 entry stamp but a valid visitors (B-2) visa.

I filed the following

I-130

I-485

I-765

G325a x2 (one for me, one for her)

I-693

I-864

you really don't need a lawyer as long as you have this website. It's great.

Goodluck, and keep in touch.

[engineer21 51]

Hi Everyone, I read so much about spouses from abroad that are living abroad when the visa process is started. Does anyone have any experience when your foreign spouse is already in the states from a previous visa. His visa has expired but he did enter legally. Our lawyer says we have to start with the I-130. Whats the difference between that and an I-129? I cant seem to get a full answer from other resouces.

Thanks in advance

Hey Big Blue, I am in the same situation. Go click on my name and read my files. It'll show you what I did. and read my timeline as well.

In sum, I met my foreign wife here in the USA, and married her.

She had an expired I-94 entry stamp but a valid visitors (B-2) visa.

I filed the following

I-130

I-485

I-765

G325a x2 (one for me, one for her)

I-693

I-864

you really don't need a lawyer as long as you have this website. It's great.

Goodluck, and keep in touch.

I like the list you have for Big Blue.. Anyone have a similar list of forms for my situation?

I'm new here. Haven't started my journey quite yet. I'm already here in the US on a student visa. We went to school together. He just proposed a month ago (!!!). What forms do I have to file in my case? Do I have to wait until after our wedding or is there something we can do now?

Edited January 17, 2009 by engineer21

[Singers 0]

If you'd like to remain in the country and not have to go home for a fiance visa or spousal visa, you need to wait until after you get married. You can only adjust status based on marriage to a US citizen. Once you are married, you will follow the list above.

[Mint518 0]

Hello bigbluueyes and engineer21,

Many of us (including me) are adjusting the status from previous visa while in the States. I recommend you to review VJ's "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US" page, first. Basically, you will concurrently file I-130 and I-485 (G-325a, I-864 and I-693 are supporting documents for them). I-765 and I-131 are optional.

engineer21 - I think what you can do now is to obtain your birth certificate (certified copy) from your home country, if you do not have one with you. Also, is your fiance still a student or was graduated just recently? If so, it is not too early to start looking for a co-sponsor who can fill out I-864 and ask to gather him/her tax information.

[engineer21 51]

Hello bigbluueyes and engineer21,

Many of us (including me) are adjusting the status from previous visa while in the States. I recommend you to review VJ's "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US" page, first. Basically, you will concurrently file I-130 and I-485 (G-325a, I-864 and I-693 are supporting documents for them). I-765 and I-131 are optional.

engineer21 - I think what you can do now is to obtain your birth certificate (certified copy) from your home country, if you do not have one with you. Also, is your fiance still a student or was graduated just recently? If so, it is not too early to start looking for a co-sponsor who can fill out I-864 and ask to gather him/her tax information.

Thank you for the reply! Yes I have my birth certificate but not in English. I guess I can start looking into getting that translated. My fiance has been out of school and working for almost two years now. By the time we get married he will be working for almost three years. Will he still need a co-sponsor a year from now? We'll both be working full time. Does EVERYONE have to file the i-864? I mean his parents will co-sponsor but I just feel funny being "sponsored" financially. I am not planning on being dependent on anyone??!! I feel bad making him and his family go through all this stuff if it's not really necessary. Is this really required?

[Mint518 0]

Thank you for the reply! Yes I have my birth certificate but not in English. I guess I can start looking into getting that translated. My fiance has been out of school and working for almost two years now. By the time we get married he will be working for almost three years. Will he still need a co-sponsor a year from now? We'll both be working full time. Does EVERYONE have to file the i-864? I mean his parents will co-sponsor but I just feel funny being "sponsored" financially. I am not planning on being dependent on anyone??!! I feel bad making him and his family go through all this stuff if it's not really necessary. Is this really required?

It seems you do not need to do anything until after the marriage.

In my understanding, translation can be done by anybody (including USC spouse or foreign spouse) as long as it is done by a person competent in both languages, and it is not necessary to be done by professional translator. Some people will do by themselves, or ask friend or relatives, or still ask professional translator just to make sure.

If the level of household income, including your husband-to-be's income (and your income under certain condition) at the time of application exceeds the poverty line, co-sponsor is not necessary. He can rely on his assets, too, to meet this poverty line. USC spouse almost always needs to sign I-864; there are some excpetions but I do nto think it would apply to you (e.g. immigrant who have worked over 10 years in the U.S., or victim of domestic violence, etc.) -- You can find more detailed information in the instruction of I-864.

[bigbluueyes 0]

Hi BigBluuEyes. I am moving your post to the appropriate forum. Bottom line is that your spouse can adjust status if he entered legally without intent to immigrate. Take a look around this forum and you should find all your answers.

All the best.

If your lawyer is telling you to only start the I-130 process then it is time for a new lawyer!

Ok, telling me why would be very helpful.

I guess I should mention that my husband (yes we are married) also has a notice to appear and is in the "deportation process". His court date is October of 09. This was from an assylum petition that his wife filed (he was listed as a secondary) before they were divorced. It was denied by the initial judge so it was sent to the court for review. Our lawyer says because we are now in that process and in the "court system" its slightly more complicated from a procedure standpoint from most other change of status cases. We have to go to the judge in October and let them know we are asking for a change of status and we need to have the I-130 filed and hopefully approved by that time. If its not approved, we ask to extend our court date until its approved. He says once we get a reciept notice of the I-130 then we can do the I-485 AOS form. I see that many of you get to do that at the same time.

Does anyone have any experience with the AOS process while IN the deportation process? We are so nervous about it because so little information is out there from others, and previous attorney said it was so easy to do and our current one says is more complex.

And that website that was suggested was VERY informative and will help me greatly once we get the approval from the judge to do the AOS. But we want to make sure we dont screw it up before that point and ruin our chances once in front of the judge.

Thank you all!!!