AOS from P1

[missbakkwudz 0]

Hello there! My fiance and I were thinking of getting married and he's in the US on a P1 visa. I read online that you can adjust status to permanent residency (greencard) if you're married. Is this true?

Also, would we need to file the I-130 or just the adjustment of status forms?

How much does the AOS cost?

Thanks so much!

[VanessaTony 3,567]

Hello there! My fiance and I were thinking of getting married and he's in the US on a P1 visa. I read online that you can adjust status to permanent residency (greencard) if you're married. Is this true?

Also, would we need to file the I-130 or just the adjustment of status forms?

How much does the AOS cost?

Thanks so much!

So I had to do a quick google to confirm P1's are eligible to AOS and they ARE! So, here's the guide you need: http://www.visajourney.com/content/i130guide2

You will file an I-130 and I-485 together. The fee is $1010 for the AOS and $355 for the I-130.

He will also have to have a medical check done and have a I-693 completed by a CS.

It is important to note that now that you have "decided" to go this path, your fiance cannot leave the US and then re-enter using the P1 as he then has "immigration intent" which is illegal. While you won't need to prove that he didn't have intent, I personally feel that knowing you were 100% honest is a good thing. It's not illegal to get married in the US, it's not illegal to AOS, but it is illegal to enter on a non-immigrant visa with the ultimate purpose of AOSing (except for K1 which is a fiancee visa).

So, if you have made your decision to get married now you have a decision to make:

1. Plan your big wedding and THEN AOS

2. Pop down to the court house for a legal wedding (can still be in a pretty dress), AOS and THEN have a big wedding for family and friends.

Personally I would go the No. 2 route so that you have something else to focus on while the AOS stuff is processing. It means that you can file right away and you don't have to plan a big family wedding and stress about how soon it should be for Visa reasons, and it will give his family/friends time to save to attend the wedding and apply for visas if need be (though Australia has the VWP (visa waiver program) which should help a lot of people).

Congratulations on your upcoming nuptials! and Welcome to VJ

p.s. Photograph EVERYTHING. Photo's are good relationship proof.

Edited May 16, 2010 by Vanessa&Tony

[missbakkwudz 0]

So I had to do a quick google to confirm P1's are eligible to AOS and they ARE! So, here's the guide you need: http://www.visajourney.com/content/i130guide2

You will file an I-130 and I-485 together. The fee is $1010 for the AOS and $355 for the I-130.

He will also have to have a medical check done and have a I-693 completed by a CS.

It is important to note that now that you have "decided" to go this path, your fiance cannot leave the US and then re-enter using the P1 as he then has "immigration intent" which is illegal. While you won't need to prove that he didn't have intent, I personally feel that knowing you were 100% honest is a good thing. It's not illegal to get married in the US, it's not illegal to AOS, but it is illegal to enter on a non-immigrant visa with the ultimate purpose of AOSing (except for K1 which is a fiancee visa).

So, if you have made your decision to get married now you have a decision to make:

1. Plan your big wedding and THEN AOS

2. Pop down to the court house for a legal wedding (can still be in a pretty dress), AOS and THEN have a big wedding for family and friends.

Personally I would go the No. 2 route so that you have something else to focus on while the AOS stuff is processing. It means that you can file right away and you don't have to plan a big family wedding and stress about how soon it should be for Visa reasons, and it will give his family/friends time to save to attend the wedding and apply for visas if need be (though Australia has the VWP (visa waiver program) which should help a lot of people).

Congratulations on your upcoming nuptials! and Welcome to VJ

p.s. Photograph EVERYTHING. Photo's are good relationship proof.

While his AOS is pending, is he allowed to work right away?