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Applying for Adjustment of Status

By osiris74 in Adjustment of Status from Work, Student, & Tourist Visas

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osiris74 Rookie

osiris74   0

Posted
Filed: Other Country: Belgium
 Timeline
Posted

I am a US Citizen living in the US and my wife is already in the US living with me. I am filing the application for the adjustment of status. What would be the timeline and her status while adjusting? Would she be able to get health insurance during the pending application? Please let me know. thanks,

Fabian

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

This is in the wrong forum your not adjusting from a family based visa.

You will have to call the insurance provider and ask them what their rules are.

Edited by Inky

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for **

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Ghamzi Apprentice

Ghamzi   2

Posted
Filed: AOS (pnd) Timeline
Posted

She entered a week ago with her belgian passport as a tourist I believe. I just want to adjust her status and stay in the country.

Follow this guide: http://www.visajourney.com/content/i130guide2

Also make to sure to read the instructions on each USCIS form. Once she get her EAD (Employment Authorization Document) she can have a SSN and then you can use it for insurance purposes.

10/22/2010 - (XX) - Package Mailed via USPS

10/25/2010 - (00) - Package Received

11/01/2010 - (07) - SMS/Email Alerts for I-797C

11/02/2010 - (08) - Checks Cashed

11/04/2010 - (10) - I-797C Hard copies received

11/08/2010 - (14) - Biometrics Appointment Notice (Scheduled: 11/18/2010)

11/09/2010 - (15) - Successful Biometrics Walk-in

11/09/2010 - (15) - Touch on I-485 and I-765

11/16/2010 - (22) - Touch on I-130 and I-765

12/03/2010 - (39) - Interview letter received (Date: 11/29/2010) (Scheduled: 01/06/2011)

amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

She entered a week ago with her belgian passport as a tourist I believe. I just want to adjust her status and stay in the country.

And in just a week you decided that she had to adjust......

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

zooch76 Explorer

zooch76   9

Posted
Filed: Country: Canada
 Timeline
Posted

Would she be able to get health insurance during the pending application?

My wife is the USC and I have a pending AOS application. She added me to her health insurance plan (through her employer) without a problem. They didn't even ask what my status was, they just wanted to see a copy of our marriage certificate.

Starburst Enthusiast

Starburst   4

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

And in just a week you decided that she had to adjust......

My thoughts exactly

AOS Short Version:

06/26/09 - Mailed package to Chicago Lockbox!

07/07/09 - NOA's Arrive for AP, AOS & EAD [dated 07/01/09]

07/17/09 - Biometrics Completed [ Completed in 17 Days ]

08/12/09 - EAD APPROVED! Card Ordered! [Approved in 47 Days]

08/20/09 - Interview notice arrived dated 08/18/09 - Sept 24th/09

08/21/09 - Got EAD Card in the mail!! :D

09/24/09 - Interview Date: 9:00am - APPROVED

10/03/09 -Received GC!!!!!

Total Days from NOA1 to Approval : 86 Days

ROC:

04/01/11 - Preparing for ROC currently

06/27/11 - ROC Mailed!

07/02/11 - NOA1 Arrived [dated 06/30/11]

07/13/11 - Biometrics letter arrived [08/01/11]

10/31/11 - Final Approval!

11/04/11 - Received new card today.

Total Days from NOA1 to Approval: 125 Days

Next Step will be citizenship in June 2012!

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted

Was she asked any questions at POE?

If she was asked about a USC Spouse or such you might want to think about the questions & her answers before you file anything. CBP has been known to set-up Alien spouses of USC with questions at POE so that they could be caught misrepresenting when filing for AOS after entry on non immigrant Visas.

There was a great example of this just recently on VJ.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

She entered a week ago with her belgian passport as a tourist I believe. I just want to adjust her status and stay in the country.

Were you already married when she entered? Did she have a tourist visa, or did she enter using the Visa Waiver Program (VWP)?

Read what Bob said about questions asked at the port of entry, and ask her about it. If they specifically asked questions about her intentions, like "Do you plan to stay in the US?" or "Do you plan to apply for a green card?" then they could have been setting a trap for her.

Entering the US as a non-immigrant with the preconceived intent to immigrate is a violation of immigration law, but it's not enough to deny her green card application. Being an immediate relative of a US citizen outweighs that negative factor. However, if they specifically ask about her intent at the port of entry, and she applies to adjust status anyway, then they've got her for material misrepresentation. The AOS would be denied, and she could be banned from the US - potentially, forever. Applying for adjustment of status so soon after entering substantially raises the level of suspicion for preconceived intent.

I asked about whether she entered with the VWP or a visa because it would be pertinent if she was denied. If she entered with a visa then she could appeal the denial. If she entered with the VWP then she couldn't.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

osiris74 Rookie

osiris74   0

Posted
Filed: Other Country: Belgium
 Timeline
  • Author
Posted

Were you already married when she entered? Did she have a tourist visa, or did she enter using the Visa Waiver Program (VWP)?

Read what Bob said about questions asked at the port of entry, and ask her about it. If they specifically asked questions about her intentions, like "Do you plan to stay in the US?" or "Do you plan to apply for a green card?" then they could have been setting a trap for her.

Entering the US as a non-immigrant with the preconceived intent to immigrate is a violation of immigration law, but it's not enough to deny her green card application. Being an immediate relative of a US citizen outweighs that negative factor. However, if they specifically ask about her intent at the port of entry, and she applies to adjust status anyway, then they've got her for material misrepresentation. The AOS would be denied, and she could be banned from the US - potentially, forever. Applying for adjustment of status so soon after entering substantially raises the level of suspicion for preconceived intent.

I asked about whether she entered with the VWP or a visa because it would be pertinent if she was denied. If she entered with a visa then she could appeal the denial. If she entered with the VWP then she couldn't.

she entered on Nov 1st under VWP. She was not ask any questions. We would like to adjust her status sometime in January.

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted
she entered on Nov 1st under VWP. She was not ask any questions. We would like to adjust her status sometime in January.

You must make sure for file early enough that the AOS package is accepted BEFORE the end of her 90 days. Recently AOS Overstayers are getting denied and deported.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
 Timeline
Posted (edited)

You must make sure for file early enough that the AOS package is accepted BEFORE the end of her 90 days. Recently AOS Overstayers are getting denied and deported.

Overstayers from VWP countries who came in on VWP are getting denied, as opposed to coming in on visa, or from non VWP country.*

Edited by Kittyfang

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted
Overstayers from VWP countries who came in on VWP are getting denied, as opposed to coming in on visa, or from non VWP country.*

Sorry for the type, I meant "AOS for VWP Overstayers"


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

 
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