AOS for I-Visa (media visa) holder

[poopaloo 0]

Hello,

I've been searching over VJ and haven't been able to find info that specifically relates to my situation.

I recently married and wish to AOS. I'm already lawfully in the US, on a I-visa, as I've been working over here as a journalist the past two years.

Obviously my wife (the USC) and I live together, and we have for quite a long time.

Is there any unusual provisions that apply when applying to adjust status/EAD when you're already legitimately in the country or is it pretty much the same as a "normal" AOS?

If this has been answered elsewhere my apologies - haven't been able to find it.

[Dan J 277]

Hello,

I've been searching over VJ and haven't been able to find info that specifically relates to my situation.

I recently married and wish to AOS. I'm already lawfully in the US, on a I-visa, as I've been working over here as a journalist the past two years.

Obviously my wife (the USC) and I live together, and we have for quite a long time.

Is there any unusual provisions that apply when applying to adjust status/EAD when you're already legitimately in the country or is it pretty much the same as a "normal" AOS?

If this has been answered elsewhere my apologies - haven't been able to find it.

Its a little different, there is a guide in the guides section for adjusting from other visa types. You will need to file an I-130 in addition to the I-485 as well as have a full medical.

[JimVaPhuong 4,863]

Hello,

I've been searching over VJ and haven't been able to find info that specifically relates to my situation.

I recently married and wish to AOS. I'm already lawfully in the US, on a I-visa, as I've been working over here as a journalist the past two years.

Obviously my wife (the USC) and I live together, and we have for quite a long time.

Is there any unusual provisions that apply when applying to adjust status/EAD when you're already legitimately in the country or is it pretty much the same as a "normal" AOS?

If this has been answered elsewhere my apologies - haven't been able to find it.

Ummm... You're in the wrong forum. There are two AOS forums. One is for people adjusting for family based visas (this one), and the other is for people adjusting from virtually every other kind of visa. An I visa is not a family based visa. You'll get more relevant answers in the "other" AOS forum.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[milimelo 4,541]

Moving to the other forum - AOS from tourist, student, work visa.

[NikosF 6]

Is there any unusual provisions that apply when applying to adjust status/EAD when you're already legitimately in the country or is it pretty much the same as a "normal" AOS?

(Not sure why this forum is so religious about the separation of AOS questions - since there is a huge overlap between someone applying for a family-based AOS from a work visa or a fiance visa, and not a lot in common between someone doing a work-based AOS and a family-based AOS off a work visa. But anyway, I digress.)

I've been in the country legitimately for over two years working on a L1 visa. I've been married to a USC for over five years and we recently decided to do a AOS.

As previously mentioned you need to fill in an I-130 (plus $355, G-325A for you and your spouse and supporting evidence), and the rest of the process is very similar to the other guides - I-485 package including I-864, I-765 (for a work permit - not as critical for you, but doesn't hurt), and an I-131 for AP (again not as critical for you, but again doesn't hurt)

Edited September 8, 2010 by NikosF

[ValerieA 350]

Here is a link to the guides for the AOS from a non-K visa that you need. It is a quick and relatively painless process, good luck!

AOS Guide non K

[JimVaPhuong 4,863]

(Not sure why this forum is so religious about the separation of AOS questions - since there is a huge overlap between someone applying for a family-based AOS from a work visa or a fiance visa, and not a lot in common between someone doing a work-based AOS and a family-based AOS off a work visa. But anyway, I digress.)

The devil is in the details, and it's the details that are different. Pretty much the only people who come to the US with a family based visa AND need to adjust status after arriving are K visa holders. Since the K3 is all but dead, that leaves K1 visa holders.

K1 visa holders don't send an immigrant visa petition (I-130) at any time during the process. They also generally don't need to submit any evidence of a marriage beyond a copy of the marriage certificate because their "relationship" with the petitioner was investigated by the consular officer at the K1 interview. They usually don't need a complete physical for AOS, and may not even need an I-693, or only need the vaccination portion of the I-693 completed. They don't need to deal with the consequences of a "no contest" waiver, like a VWP entrant would. They don't need to deal with two year home residency requirements, like some J visa holders would. They have a specific window of time in which they are required to marry, which wouldn't apply to someone who entered with a different type of visa. They can only adjust status if they marry the person who submitted the petition for the K1, which wouldn't apply to someone who entered with a different type of visa.

A lot of people in the "family based visa" AOS forum have gotten bad advice from people who were adjusting from some other type of visa, and a lot of people in this forum have gotten bad advice from people adjusting from K1 visas. It makes sense to keep them separate.