I-130 vs aos only

[thisislove 0]

hello..

recently i married a b2 visa holder and am trying to figure out the direction to go to get his green card.. i have read the guides.. but i notice that some ppl do only the AOS and some also do the I130..is it beneficial to do both? the aos includes the EAD and AP correct??

[Mononoke28 135]

Since he's already in the US, he needs to file forms I-130, I-485 for his AOS & I-765 for his work permit. Some people only file for AOS because they came to the US with a K1 or K3 visa so they don't need to file an I-130.

You can find the step by step guide in the Guides section of VJ.

Diana

[sasaqlain 24]

hello..

recently i married a b2 visa holder and am trying to figure out the direction to go to get his green card.. i have read the guides.. but i notice that some ppl do only the AOS and some also do the I130..is it beneficial to do both? the aos includes the EAD and AP correct??

If your intention at the time of entry into the country was not marriage, yes you can adjust status from a B-2. The right direction is to go back and apply from your home country. Adjusting status from here is risky. A path I chose as well. I-130 only establishes your relationship to your spouse. Simply put, if you apply for I-130, and are appoved, it simply means USCIS recognizes your relationship to the Citizen/LPR. It in no way gives you the right to Live or work here in the US. Once your B-2 expires, you will be out of status. The AOS application(I-485) will determine your right to live here based on your I-130. You can file I-485/I-130 concurrently and be interviewed for both at the same time. EAD & AP are just concessions attached to the AOS application. Approval of I-130 by no means mean that your I-485 will be approved too. Approval of I-485 would automatically get your I-130 approved at the interview.

Hope this helped.

[thisislove 0]

thanks u guys..

i did remember having to do the I130, but i see so many timelines in this forum (aos from other visa such as tourist/student) that did not have an I130 or perhaps it was just missing from the timeline..

thank you for ur help..

when u say it is risky to do it from here, what do u mean? i had no intention of marrying him, in fact i thought this visit would really just show us that we are NOT meant to be and that he would go back home and we could stop all this fantasizing.. once u live together, u know ALL the persons faults LOL ironically, it showed us otherwise..

he didn't quit his job, uhh, he didn't even bring all his clothes.. what could happen.. maybe he should go back?? i don't want to mess up his visitor visa standing becuz of a misunderstanding.. he has had it and travelled for 2 years now..

his b2 is good for another 3 mnths.. i see that AOS will not be approved by then.. so he will be out of status, if AOS denied..he must go back and then we can file CR1 or K3, BUT he won't be able to come visit me becuz of the overstay?? OH MY??? why would a visa be denied when u are married??

what kind of proof do i show that he was going back... letter from employer or something??

sorry for all the questions.. i just don't want to make a mess cuz i didn't know..

[sasaqlain 24]

thanks u guys..

i did remember having to do the I130, but i see so many timelines in this forum (aos from other visa such as tourist/student) that did not have an I130 or perhaps it was just missing from the timeline..

thank you for ur help..

when u say it is risky to do it from here, what do u mean? i had no intention of marrying him, in fact i thought this visit would really just show us that we are NOT meant to be and that he would go back home and we could stop all this fantasizing.. once u live together, u know ALL the persons faults LOL ironically, it showed us otherwise..

he didn't quit his job, uhh, he didn't even bring all his clothes.. what could happen.. maybe he should go back?? i don't want to mess up his visitor visa standing becuz of a misunderstanding.. he has had it and travelled for 2 years now..

his b2 is good for another 3 mnths.. i see that AOS will not be approved by then.. so he will be out of status, if AOS denied..he must go back and then we can file CR1 or K3, BUT he won't be able to come visit me becuz of the overstay?? OH MY??? why would a visa be denied when u are married??

what kind of proof do i show that he was going back... letter from employer or something??

sorry for all the questions.. i just don't want to make a mess cuz i didn't know..

The burden of proof lies on the couple to prove that the benificiary had no intention to immigrate at point of entry. A Sound Job, Property, Family ties, Financial Ties, anything and everything is relevant. If he applies for AOS here, his Status will be on hold till your case is decided. So no need to worry about his B-2 expiring in three months. My advice, he should go back and apply for a CR1 or K visa. If he is adjusting from here, do it before your visa expires. Even though a reasonable overstay is usually forgiven, but i wouldn't suggest take that route. If your AOS case is denied, there could be serious consequences that could jeapordize his future entry in the country for years to come. Best of Luck.

Edited July 8, 2009 by saspak