My finance is here in US on a 6month B1/2 Visa

[Harpa Timsah 13,258]

AOS normally takes 6-7 months, yes your latest tax information is required.

And yes you can go on CR1 route if your AOS is denied, but do expect more questions at that time and rfe, as it will be recorded in USCIS system that you tried to do an AOS before and tried to circumvent the system.

If you have started the K1 process, then still recommended you continue go via K1 compared to AOS. If they decide to deny your AOS request all the USCIS has to do is say she mis-represented which is she did not fully disclose her purpose of visit.

She was asked the purpose of the visit and whom she is visiting.

If they did not come to the US with the intent to immigrate, then there is no "circumventing" the system if they AOS. It is legal and the law allows for this. They would not deny the AOS unless the person is inadmissible - and filing a CR-1 won't suddenly make them admissible. They will get a background check, get their relationship evaluated, and get a medical like everyone else.

OP - you have been some good advice and some bad advise in this thread. Thankfully Krikit the mod moved it to a whole forum dedicated to AOS from work, student, or tourist visas.

You said she didn't have intent when she arrived, so that's fine. One thing you really need to know is that if you file for AOS, she cannot leave the country until she gets special travel permission, called Advance Parole, or the Greencard itself (which gives travel permission by itself). You say she has a job back home, can she just quit, and is she prepared to do so? If yes, then you can marry and file AOS. You will have a mandatory interview with you both together. Read the guides up top for the forms to fill out. It costs $1070 + $420 + whatever the medical costs you. Good luck.

[ichigo85 6]

Hey Harpa!

Thanks for this info! That guy had me freaking out for a bit. Glad you had some insight on this. As for leaving her job... Well, she hasn't said she would yet.. We're just looking at options and thought about this one.

Since you have done this, do you think you could read this other posting for me? That guy recommended this site to me to get answers, but I haven't gotten any yet =/.

Here is the link to the post: http://immigrate2us.net/forum/showthread.php?96903-Hey-I-m-new-to-the-site-and-filled-with-questions-%28&p=1119042#post1119042

[Harpa Timsah 13,258]

I see you got some answers. I would repost your questions here, because I am not a member on that site.

To answer some of them : Yes, they accept co-sponsors, and the co-sponsor does not need to be at the interview.

Once her AOS is initially accepted, she is in a new period of authorized stay and does not need to file for an extension. Her period of authorized stay will go until a decision is made on her AOS (and with approval then her stay is extended indefinitely obviously).

You would file a CONCURRENT I-130/I-485 package. There are lots of other forms as well, but they are listed in the VJ guides up top.

Your interview will be at your local office and you send the Affidavit of support in with the initial application.

If she is denied, you will have an appeal process open to you - it's not going to happen unless she is a criminal, or your marriage is fake, or she lied to get her tourist visa.

The whole process takes about 4-5 months.

[ichigo85 6]

Ah yeah, I just checked it. N this is how we came to decide with the AOS. She came on here first visit and I surprised her with an engagement ring; she's back on the second visit and we decided to get married then just

apply for a CR-1, but after doing research online we found out that we could do an AOS without having to be seperated(I did a backflip when I found that) and decided to try this.

This is what I'm telling the consulate as well. I mean we didn't intend on going this route because she came for a visit and to wait here as we apply for K-1. Does this sound like intent to all of you? We basically don't wanna do ANYTHING that might cause her to get banned or something.. Ugh, I hated being seperated the last time she left.. Don't wanna have that become permanent =(

Also, when we file the I-130 and I-485 forms, do we mail them in the same package? Or different packages just at the same time? And when we file does that mean we don't have to worry about her overstaying the I-94? I guess it'd show her as having a pending I-130?? We're kind of scared about this part because of the ban thing =/

[john_and_marlene 162]

Ah yeah, I just checked it. N this is how we came to decide with the AOS. She came on here first visit and I surprised her with an engagement ring; she's back on the second visit and we decided to get married then just

apply for a CR-1, but after doing research online we found out that we could do an AOS without having to be seperated(I did a backflip when I found that) and decided to try this.

This is what I'm telling the consulate as well. I mean we didn't intend on going this route because she came for a visit and to wait here as we apply for K-1. Does this sound like intent to all of you? We basically don't wanna do ANYTHING that might cause her to get banned or something.. Ugh, I hated being seperated the last time she left.. Don't wanna have that become permanent =(

Also, when we file the I-130 and I-485 forms, do we mail them in the same package? Or different packages just at the same time? And when we file does that mean we don't have to worry about her overstaying the I-94? I guess it'd show her as having a pending I-130?? We're kind of scared about this part because of the ban thing =/

You won't be telling the consulate anything. You won't be interviewing at a consulate. You'll be interviewing at USCIS.

[Brother Hesekiel 2,236]

Here is the link to the post: http://immigrate2us....042#post1119042

I am a member of Immigrate2us and send people there who are either illegal immigrants or family members of an illegal immigrant and have to deal with I-212 and I-601 waivers. That's really what that Web site is all about, whereas Visa Journey deals with mostly "normal" family immigration.

[Harsh_77 718]

I am a member of Immigrate2us and send people there who are either illegal immigrants or family members of an illegal immigrant and have to deal with I-212 and I-601 waivers. That's really what that Web site is all about, whereas Visa Journey deals with mostly "normal" family immigration.

LOL I like your description BOB legals go to VJ and all illegals go to Immigrate to US......lol.

OP as mentioned earlier by other members once you file for AOS she would not run into risk of running over her I-94 date and even if does it is forgiven as spouse of USC.

[Harpa Timsah 13,258]

Ah yeah, I just checked it. N this is how we came to decide with the AOS. She came on here first visit and I surprised her with an engagement ring; she's back on the second visit and we decided to get married then just

apply for a CR-1, but after doing research online we found out that we could do an AOS without having to be seperated(I did a backflip when I found that) and decided to try this.

This is what I'm telling the consulate as well. I mean we didn't intend on going this route because she came for a visit and to wait here as we apply for K-1. Does this sound like intent to all of you? We basically don't wanna do ANYTHING that might cause her to get banned or something.. Ugh, I hated being seperated the last time she left.. Don't wanna have that become permanent =(

Also, when we file the I-130 and I-485 forms, do we mail them in the same package? Or different packages just at the same time? And when we file does that mean we don't have to worry about her overstaying the I-94? I guess it'd show her as having a pending I-130?? We're kind of scared about this part because of the ban thing =/

I suggest you calm down and take things one step at a time. I think you are over-boggling yourself with too much information. You know whether you had intent or not. We cannot tell you if you did. Intent, by itself, is not a reason to deny AOS anyway.

You send all of the forms in the same package. There is even a special address for people who are filing the CONCURRENT I-130/I-485. Woo! If you send them in separate packages you will have a headache, but it is fixable (a member went through this recently... lots of added nonsense but worked out in the end).

Your gf/wife will only have a ban if she overstays by 180 days or more. And, as I said, once you send in your package, she will begin a NEW period of authorized stay which will last until she gets her GC. So, if you send in your package before her 6 months are up, you will have zero days of overstay. Sweet!

lol @ Bob - this was in the CR-1 forum so I suppose the people there thought this was a situation that warranted immigrate2us.

Think of it this way - someone is here on a work visa or a student visa - they have lived in the US for 5 years and they get married to a citizen. This is what they file too. It's slightly different with a tourist visa, because the person never "lived" here, but the process is the same. But the filing is fairly common. Good luck.

[VanessaTony 3,567]

One more thing--your savings are not counted dollar for dollar--you have to divide by three, so for example, if you had $21K, you could only count $7K towards meeting the income/asset test. So if you earned about $12K, then yuo would add the $7K, getting you to the $19K threshold.

Ummm... no. You're completely misunderstanding the "times 3" or you understand it and are explaining it completely wrong.

ALL of the money in savings count BUT to use assets to make up a deficiency you need to have three TIMES the amount you're down in earnings, in assets. If for example the OP only earned $10K a year they are down $9K (roughly), this means they need three times the $9K deficiency in assets which is $27K worth of assets. This can be money or whatever else.

[VanessaTony 3,567]

They will ALWAYS assume that she had intent when she arrived--a lot depends on exactly what was asked at POE and exactly what she said. Was she essentially waved thru after a couple of quick questions, or did they take her to a little room for secondary screening?? If so, how long did it take and exactly what was discussed?? Do you have any documentation that you were planing on K-1?? Will your mother swear under oath that there was no intent?? How about your friends?? Her relatives?? You see where I am heading--right?? They will assume intent, and you must disprove it. And don't forget that she can not return to Japan until the entire AOS process is complete--she can't leave the country for even one day after getting married and starting AOS, or it is all out the window, and that is GOOD since she has a business that she would normally return to, but you eloped instead--got it ??

Download the instructions for form I-864. They are very clear and very thorough about income, assets, etc.

Okay you're wrong again.

1. They don't have to PROVE lack of intent at all! It's in the adjudicators manual that intent cannot be used. The ONLY time I would be careful is if they specifically told her not to AOS at the border, or asked her if she was going to and she said no. There will be no "swearing under oath" from her mother or what not.

2. She CAN return to Japan when she gets AP which she'll file for with AOS. She hasn't overstayed her visa so there's no ban risk to worry about.

[VanessaTony 3,567]

What happens if she doesn't get approved? Are we still able to go the CR-1 route? I don't wanna get her banned from here!! =/

If she is denied yes she can still go the CR-1 route but you'll have to overcome whatever the reason was for the denial. If it was missing documents that's easy, if it was the marriage wasn't valid 'cause you're not divorced from your old marriage (if you had one) that's easy too, but if they don't believe your relationship.. that's a bit harder but still possible.

Also, how long does AOS take to reach a decision?

AOS is about 6 months at the moment. Could be quicker could be slower. You would apply for AP and EAD with the AOS documents and then she could work (with the EAD) and leave the US if necessary (with AP) until her GC is approved then that takes over the EAD and AP. The AP/EAD is around 3 months but I believe that's been getting quicker too.

[VanessaTony 3,567]

Hey Harpa!

Thanks for this info! That guy had me freaking out for a bit. Glad you had some insight on this. As for leaving her job... Well, she hasn't said she would yet.. We're just looking at options and thought about this one.

Since you have done this, do you think you could read this other posting for me? That guy recommended this site to me to get answers, but I haven't gotten any yet =/.

Here is the link to the post: http://immigrate2us.net/forum/showthread.php?96903-Hey-I-m-new-to-the-site-and-filled-with-questions-%28&p=1119042#post1119042

Yeah that guy was wrong on a lot of things.

I don't really see any issues with your case outside of the money situation. If you can line up a sponsor "just in case" that's good but if you earned $18,387 in 2010 (seeing it's just to two of you) then no need for a co-sponsor.

[ichigo85 6]

#######, I should check this more frequently 0_o". I wasn't thinking everyone would be such a big help!! I appreciate everyone's insight on my situation. I was feeling a bit down since I've heard lot's of negatives about her coming on a B1/2 and trying to AOS =/. I see everyone on here has been with there husband/wife for a few years and we have only been gf/bf since about January(ughhhh, I know it seems we're rushing, but we kind of clicked when we first met =/). I wondered if the USCIS will think we just kind of jumped into marriage without thinking.. Yeah, the first guy that told me to go the that "immigrate to the us" had me freaking out cuz it seemed like the people that do the interviews are gonna be down our throats for getting married and trying to AOS =/.

Now for my income; if it's true that I'll need roughly around $27K, then I might be able to get away without a cosponsor(I save a lot =/), but to be on the safe side, then I think I'll still use the cosponsor as a backup plan incase they still don't like my income and assets =(. Like I said before, I only made $10K last year because I can only work part time since I'm still in school =/. I'd love to just go back with her, but as I haven't finished college yet, I think it's a better idea for us to stay here.

@Harpa: Ugh, sorry, trying to calm down.. I spent over 5hrs searching and REsearching things again last night 0_o. I don't know how I should send in all that info.. Is there somewhere that lists EVERYTHING that you should send? Do I send in the Affidavit of Support with everything? Also, what's the special address for people filing concurrent? OH!!! ALMOST FORGOT! From the day we mail in the I-130 and everything else, is that when the new period of stay starts?

Thank you everyone again for the help! Special thanks to Harpa and Vennesa&Tony! You two are great!

Oh yeah, don't laugh, but what is "OP" "EAD" "AP"??? Someone already told me what EAD meant, but I can't remember where or what it meant XD!!

[Brother Hesekiel 2,236]

OP = Original Poster = You!

EAD = Employment Authorization Document = Work Permit

AP = Advance Parole = Permission to travel internationally before AOS has been adjudicated

[Harpa Timsah 13,258]

. Is there somewhere that lists EVERYTHING that you should send? Do I send in the Affidavit of Support with everything? Also, what's the special address for people filing concurrent?

Yes, a magical place called the guide section of this website, up top as I mentioned!!

I'll link it for you http://www.visajourney.com/content/i130guide2

As to the address, read the instructions. As for everything, read the instructions. Download the forms and instructions and read and reread at www.uscis.gov. It's all in there. I filed this all on my own without the help of VJ or any internet anything by reading the forms and instructions. And yes, you send in your affidavit with everything. Your period of authorized stay begins when they cash your checks, usually a week or two after you send in your package.