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Posted

Hello everyone,

Hopefully someone can shed some light on this whole process because my boyfriend and I have been to site after site that all seem to say different things! My boyfriend (Phil) is a Canadian citizen and I (Rebecca) am a U.S. citizen. We met back in 2001 online and now Phil is here in the U.S. on a J-1 visa. We are pretty sure that Phil doesn't have to meet the 2-year residency requirement when his visa runs out but we are going to double check on that before anything else. He is not in a medical field (he does computer systems) and his country is not listed on that long list of those requiring he return, also his visa says that he is not subject to the 2-year, but we want to be safe rather than sorry.

Anyway, we are unsure of what visa to apply for. We don't know if we should get engaged and then file form I-129F or get married and file form I-130. Either way, is there a way to do this so Phil can stay and work in the U.S.? He loves his job and doesn't want to have to leave the country for months while we wait for paperwork. BTW, his J-1 visa doesn't expire until April 2010 so we are trying to do this all before his time runs out!

I am so confused about this whole process and although this site has been quite helpful in finding information, I still do not know which route to take. I hear Spousal visas take longer than fiancee visas but I read somewhere that the spousal visa is the route to take since Phil is already in the U.S. on another visa. Does he just apply for adjustment of status? Will he still be able to work?

My other problem is that I am currently a student, a senior in university. I graduate in May but I don't have the funds to support Phil while filling out the affidavit of support. But Phil has a full-time job that is well above the poverty level...does this mean anything? What should we do?

Thanks in advance for reading this & for any help!!!

Rebecca & Phil

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Filed: Other Country: China
Timeline
Posted (edited)
Hello everyone,

Hopefully someone can shed some light on this whole process because my boyfriend and I have been to site after site that all seem to say different things! My boyfriend (Phil) is a Canadian citizen and I (Rebecca) am a U.S. citizen. We met back in 2001 online and now Phil is here in the U.S. on a J-1 visa. We are pretty sure that Phil doesn't have to meet the 2-year residency requirement when his visa runs out but we are going to double check on that before anything else. He is not in a medical field (he does computer systems) and his country is not listed on that long list of those requiring he return, also his visa says that he is not subject to the 2-year, but we want to be safe rather than sorry.

Anyway, we are unsure of what visa to apply for. We don't know if we should get engaged and then file form I-129F or get married and file form I-130. Either way, is there a way to do this so Phil can stay and work in the U.S.? He loves his job and doesn't want to have to leave the country for months while we wait for paperwork. BTW, his J-1 visa doesn't expire until April 2010 so we are trying to do this all before his time runs out!

I am so confused about this whole process and although this site has been quite helpful in finding information, I still do not know which route to take. I hear Spousal visas take longer than fiancee visas but I read somewhere that the spousal visa is the route to take since Phil is already in the U.S. on another visa. Does he just apply for adjustment of status? Will he still be able to work?

My other problem is that I am currently a student, a senior in university. I graduate in May but I don't have the funds to support Phil while filling out the affidavit of support. But Phil has a full-time job that is well above the poverty level...does this mean anything? What should we do?

Thanks in advance for reading this & for any help!!!

Rebecca & Phil

Study and follow the Adjustment of Status guide. He needs to remain in the USA until the green card is in hand. If you're currently considering whether to get engaged, then it is clear any decision to marry will have occured after his most recent US entry. During AOS, he does not retain the privilege of going back and forth between the US and Canada until he at least has Advance Parole. However, it's safer to just stay in the US, AP or not.

To be certain, what is the date of his last US entry?

Yes, he may continue to work and your combined income can be used to qualify as sponsor, provided his income will continue. Otherwise, you can use a joint sponsor.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Phil arrived in the US on his J1 on Sept 21, 2008

Is this the guide you meant by AOS?

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

If so, that says it's for K1 or K3 visa holders which we aren't. We haven't even filed anything yet, I'm trying to figure out which one to do first

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Filed: Other Country: China
Timeline
Posted
Phil arrived in the US on his J1 on Sept 21, 2008

Is this the guide you meant by AOS?

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

If so, that says it's for K1 or K3 visa holders which we aren't. We haven't even filed anything yet, I'm trying to figure out which one to do first

No, it's this one.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted
Phil arrived in the US on his J1 on Sept 21, 2008

Is this the guide you meant by AOS?

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

If so, that says it's for K1 or K3 visa holders which we aren't. We haven't even filed anything yet, I'm trying to figure out which one to do first

No, it's this one.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Ohh ok, so then our route would be to get married first then? So technically I would be applying for the K3 visa then?

BTW thanks for the help!! :) I am about to lose my mind in all this craziness!

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Posted

Sorry, I have another questions.. I was looking at one of the forms for AOS,

http://www.uscis.gov/files/form/i-485.pdf

form i-485 and under 'application type' none of those options apply to Phil. Would I be checking option 'C' meaning I have to fill out I1-129F beforehand anyways?

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Filed: AOS (pnd) Country: South Africa
Timeline
Posted
Sorry, I have another questions.. I was looking at one of the forms for AOS,

http://www.uscis.gov/files/form/i-485.pdf

form i-485 and under 'application type' none of those options apply to Phil. Would I be checking option 'C' meaning I have to fill out I1-129F beforehand anyways?

Application is type (a), you will be filing an I-130 with the I-485 which gives him a visa number immediately, considering he will be an immediate family member.

This is not a K1/K3 visa, or any visa for that matter, you will be filing for an adjustment of status which is essentially and adjustment to permanent residency (greencard)

03/01/2007 - POE - JFK (L-1 Visa)

01/15/2008 - Proposed

03/15/2008 - Married

09/02/2008 - Sent AOS Package (I-130, I-485, I-693)

09/03/2008 - Received - Signed by SMITH

09/04/2008 - Checks deposited

09/10/2008 - Checks cleared ($1010 + $355)

09/12/2008 - 2 NOA's received (I-130, I-485) - Dated 09/08/08

09/16/2008 - Received notice for biometrics appointment on 09/30/2008

09/20/2008 - Biometrics done - Walk in (Orlando) Took 10 minutes

09/22/2008 - I-485 viewable online (pending, of course)

09/30/2008 - Biometrics Appointment (2pm)

12/30/2008 - Received Interview Letter

02/25/2008 - Interview

03/06/2008 - Welcome Letter received (the website will clearly never send me updates!)

Posted
Sorry, I have another questions.. I was looking at one of the forms for AOS,

http://www.uscis.gov/files/form/i-485.pdf

form i-485 and under 'application type' none of those options apply to Phil. Would I be checking option 'C' meaning I have to fill out I1-129F beforehand anyways?

Application is type (a), you will be filing an I-130 with the I-485 which gives him a visa number immediately, considering he will be an immediate family member.

This is not a K1/K3 visa, or any visa for that matter, you will be filing for an adjustment of status which is essentially and adjustment to permanent residency (greencard)

Oh ok, thank you! So would I send in my I-130 first and wait for that to be approved before Phil sends in his I-485?

Also, the guide says filling out I-765 is optional but would Phil have to fill this out to continue working at the job he has? If he does have to fill out that form, does he have to stop working until he receives the approval?

Sorry for all the questions! Just rather be safe than sorry :)

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Oh ok, thank you! So would I send in my I-130 first and wait for that to be approved before Phil sends in his I-485?

Also, the guide says filling out I-765 is optional but would Phil have to fill this out to continue working at the job he has? If he does have to fill out that form, does he have to stop working until he receives the approval?

Sorry for all the questions! Just rather be safe than sorry :)

No, you will prepare both and submit them concurrently

YMMV

Posted
Oh ok, thank you! So would I send in my I-130 first and wait for that to be approved before Phil sends in his I-485?

Also, the guide says filling out I-765 is optional but would Phil have to fill this out to continue working at the job he has? If he does have to fill out that form, does he have to stop working until he receives the approval?

Sorry for all the questions! Just rather be safe than sorry :)

No, you will prepare both and submit them concurrently

OK thanks! What about my second question, do you happen to know about the I-765? :)

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
Oh ok, thank you! So would I send in my I-130 first and wait for that to be approved before Phil sends in his I-485?

Also, the guide says filling out I-765 is optional but would Phil have to fill this out to continue working at the job he has? If he does have to fill out that form, does he have to stop working until he receives the approval?

Sorry for all the questions! Just rather be safe than sorry :)

No, you will prepare both and submit them concurrently

OK thanks! What about my second question, do you happen to know about the I-765? :)

The real question is does a pending I-485 application invalidate the J-1 status? of which I am not sure....

Edited by payxibka

YMMV

Posted
Oh ok, thank you! So would I send in my I-130 first and wait for that to be approved before Phil sends in his I-485?

Also, the guide says filling out I-765 is optional but would Phil have to fill this out to continue working at the job he has? If he does have to fill out that form, does he have to stop working until he receives the approval?

Sorry for all the questions! Just rather be safe than sorry :)

No, you will prepare both and submit them concurrently

OK thanks! What about my second question, do you happen to know about the I-765? :)

The real question is does a pending I-485 application invalidate the J-1 status? of which I am not sure....

Yes because that would mean he wasn't able to work either. Do you know how/where I would find out?

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Filed: Citizen (pnd) Country: Indonesia
Timeline
Posted
Oh ok, thank you! So would I send in my I-130 first and wait for that to be approved before Phil sends in his I-485?

Also, the guide says filling out I-765 is optional but would Phil have to fill this out to continue working at the job he has? If he does have to fill out that form, does he have to stop working until he receives the approval?

Sorry for all the questions! Just rather be safe than sorry :)

No, you will prepare both and submit them concurrently

OK thanks! What about my second question, do you happen to know about the I-765? :)

The real question is does a pending I-485 application invalidate the J-1 status? of which I am not sure....

Yes because that would mean he wasn't able to work either. Do you know how/where I would find out?

Hi! I'm wondering about the same thing for my case, which is F-1 instead of J1. My status won't expire until 2012, but I am pretty sure that once you file for AOS (the i-130 and i-485) you give up your previous non-immigrant status and whatever benefits that previous status gave you including working... until you get the EAD approval off course..

Someone correct me if I'm wrong.

But anyhow, I'm gonna keep looking into this (among other things) so I'll let you know what I find out! Good luck!

-Jacqueline

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
 
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