Filing AOS from a tourist visa with an Approved I-130

[rexalite 0]

I am just getting started on the AOS process having abandoned my CR1 petition. I have an approved I-130 - does that change anything with regard to what documents I have to submit? Do I need another copy of my birth certiifcate and criminal record check certificate to send in?

Am I correct in reading that I need to have a medical exam by a civil surgeon before I send in my AOS package? I havne't had a medical exam yet.

DO I have to submit "proof of relationship" materials now, or does that wait for the interview?

[Bobby+Umit 161]

So you had a CR-1 in process, then you came here as a visitor, decided to abandon it, then try to AOS?

I think you will have a tough time convincing them you didn't intend on immigrating when you entered on the visitors visa (VWP).

I would recommend talking a lawyer to make sure you have your bases covered.

To answer your question, normally you use "proof of relationship" at the interview.

[john_and_marlene 162]

They can question the immigrant intent all they want. Even if they decide there was immigrant intent on entry, they cannot deny an adjustment of status on that basis for the immediate relative of a U.S. citizen. Further, they cannot deny an adjustment for an immediate relative even if they have an overstay or work without authorization. No lawyer required -- it has already been litigated and a precedent has already been established.

[john_and_marlene 162]

Provide proof of relationship with the I-485 application and be prepared to update it at the interview.

Provide the Civil Surgeon medical with the I-485 application.

[EtherealVocalist 0]

They can question the immigrant intent all they want. Even if they decide there was immigrant intent on entry, they cannot deny an adjustment of status on that basis for the immediate relative of a U.S. citizen. Further, they cannot deny an adjustment for an immediate relative even if they have an overstay or work without authorization. No lawyer required -- it has already been litigated and a precedent has already been established.

... Granted that you do not have a concerning criminal record or other things that can make you ineligible.

[john_and_marlene 162]

They can question the immigrant intent all they want. Even if they decide there was immigrant intent on entry, they cannot deny an adjustment of status on that basis for the immediate relative of a U.S. citizen. Further, they cannot deny an adjustment for an immediate relative even if they have an overstay or work without authorization. No lawyer required -- it has already been litigated and a precedent has already been established.

... Granted that you do not have a concerning criminal record or other things that can make you ineligible.

If there are other adverse factors, then all violations can be considered in making the eligibility decision.

[Bobby+Umit 161]

They can question the immigrant intent all they want. Even if they decide there was immigrant intent on entry, they cannot deny an adjustment of status on that basis for the immediate relative of a U.S. citizen. Further, they cannot deny an adjustment for an immediate relative even if they have an overstay or work without authorization. No lawyer required -- it has already been litigated and a precedent has already been established.

Can you please link/cite these cases based on intent.

[Bobby+Umit 161]

Nevermind on my last post - I found what I was looking for.

[rexalite 0]

So the I130 doesnt count as proof of a marriage? I thought that stuff was in support of the I130 filing. If I do have to submit proof of marriage, do you include photos and children's birth certificates, affidavits from people who know your relationship all with the I485 application.