Several Questions: AOS from a B2

[bijoux 0]

Hi everyone. I have several questions that I am submitting on behalf of a good friend in need of help. I have recommended that he speak to a lawyer regarding his situation too, but I have done paperwork for my husband and a few other people based on the helpful info from this wonderful website, so I wanted to see what input others may have. I've looked for answers to my questions on the forums and haven't found anything so far to clarify things because it's a confusing situation that I'm not 100% familiar with.

Scenario:

My friend came here from Laos 4 years ago on a tourist visa (B-2, I think). The visa was good for 6 months and he let it expire and has been living here out of status ever since. He recently got married to a Lao woman here who just got her Green Card (NOT a citizen) a few months ago and has had a permit to live here for several years (she got her Green Card as a domestic violence victim of her ex-husband, whom she divorced years ago). They found this Laotian-American government-worker to do their paperwork for them and don't know if he's doing it right or not (he doesn't work for immigration). My understanding was that to adjust status, one must send the whole packet in together - I-130, I-485, I-864, I-765, and I-131 (and supporting evidence). The guy doing it for them only sent in the I-130 packet and payment for that portion and didn't give them copies of anything. They got a receipt for it that it had been accepted and everything. I thought it was wrong to do it this way, so they've been frantically trying to assemble all the other applications to mail, but now I'm reading on the forum that the I-130 is supposed to be sent first if the petitioner is only a Green Card holder.... is this correct? I'm so confused. What should they be expecting in the mail? Is it safe for them to go ahead and send all the other stuff, or do they need to wait on the I-130 to be approved? Can anyone show me the correct link where it gives info on what to do in this situation? Also, how long does it usually take for the I-130 to be approved on its own before sending the rest (if that is how the case is handled in this particular situation).

Sorry for all the specific details, but I wanted to be clear about this unusual situation. Thanks so much for any help you can give!!!

[VanessaTony 3,567]

** 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 B2 visa and the prior forum is for K1, K2, K3 & K4 **

[Harpa Timsah 13,258]

By just cruising the uscis.gov website, I can see that a GC holder can petition for their spouse, but they must wait for their priority date to be current... ie they must wait for a visa to be available to them before they can try to adjust status. I also see that they can only file AOS if the beneficiary has maintained continuous legal presence, which this person as not. I am not sure if that means they have to file a 485a, or if they have to go home and file waivers to get back.

You might find better answers in the "Bringing family of Green Card Holders" forum here.

http://www.visajourney.com/forums/forum/112-bringing-family-members-of-permanent-residents-to-america/

I am not sure what they discuss over there. Good luck to your friends!

Here is a link to uscis page

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16aa3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=16aa3e4d77d73210VgnVCM100000082ca60aRCRD

Edited November 16, 2010 by Harpa Timsah

[rsn 135]

Agreed, this topic is better suited for "Bringing family of Green Card Holders...".

Moving from AOS from tourist visas to "Bringing family members of LPRs to the U.S."

By just cruising the uscis.gov website, I can see that a GC holder can petition for their spouse, but they must wait for their priority date to be current... ie they must wait for a visa to be available to them before they can try to adjust status. I also see that they can only file AOS if the beneficiary has maintained continuous legal presence, which this person as not. I am not sure if that means they have to file a 485a, or if they have to go home and file waivers to get back.

You might find better answers in the "Bringing family of Green Card Holders" forum here.

http://www.visajourn...nts-to-america/

I am not sure what they discuss over there. Good luck to your friends!

Here is a link to uscis page

http://www.uscis.gov...000082ca60aRCRD

[Deputy Purple 1,294]

He can't adjust in country since he has been out of status and she is only a Green Card holder not a US Citizen.

She can't apply for Citizenship for several years.

They just let USCIS (and ICE) know where a B-2 Visa Overstayer is living!

[aleful 1,905]

Hi everyone. I have several questions that I am submitting on behalf of a good friend in need of help. I have recommended that he speak to a lawyer regarding his situation too, but I have done paperwork for my husband and a few other people based on the helpful info from this wonderful website, so I wanted to see what input others may have. I've looked for answers to my questions on the forums and haven't found anything so far to clarify things because it's a confusing situation that I'm not 100% familiar with.

Scenario:

My friend came here from Laos 4 years ago on a tourist visa (B-2, I think). The visa was good for 6 months and he let it expire and has been living here out of status ever since. He recently got married to a Lao woman here who just got her Green Card (NOT a citizen) a few months ago and has had a permit to live here for several years (she got her Green Card as a domestic violence victim of her ex-husband, whom she divorced years ago). They found this Laotian-American government-worker to do their paperwork for them and don't know if he's doing it right or not (he doesn't work for immigration). My understanding was that to adjust status, one must send the whole packet in together - I-130, I-485, I-864, I-765, and I-131 (and supporting evidence). The guy doing it for them only sent in the I-130 packet and payment for that portion and didn't give them copies of anything. They got a receipt for it that it had been accepted and everything. I thought it was wrong to do it this way, so they've been frantically trying to assemble all the other applications to mail, but now I'm reading on the forum that the I-130 is supposed to be sent first if the petitioner is only a Green Card holder.... is this correct? I'm so confused. What should they be expecting in the mail? Is it safe for them to go ahead and send all the other stuff, or do they need to wait on the I-130 to be approved? Can anyone show me the correct link where it gives info on what to do in this situation? Also, how long does it usually take for the I-130 to be approved on its own before sending the rest (if that is how the case is handled in this particular situation).

Sorry for all the specific details, but I wanted to be clear about this unusual situation. Thanks so much for any help you can give!!!

ditto,

married to residents cannot adjust in country, they go through consular

proccesing in their country of origin.

they can't send the adjustment packet. only if she was a USC, not a

LPR

[Harpa Timsah 13,258]

They can adjust in country, eventually, but they can't adjust from overstay. It says so in my uscis.gov linky.

To overcome the overstay, does anyone know if they file a 485a or if they go home and process?

[Brother Hesekiel 2,236]

The only way to pull this off is to wait until the Green Card holder becomes a US citizen in (presumably) 2015; in this case the I-485A would not be needed.

[aleful 1,905]

They can adjust in country, eventually, but they can't adjust from overstay. It says so in my uscis.gov linky.

To overcome the overstay, does anyone know if they file a 485a or if they go home and process?

not eligible for the i485A, since the petition wasn't filed

under the 245i law, meaning filed before April 30th 2001, and he

had to be in the country by December 21st, 2000.

wait until she becomes a USC, then they can file the AOS packet.