In a sticky situation +need help knowing what forms i need.

[liam.lah 0]

Hi everyone, I have been lurking this forum for a while, and have found many useful threads. So before i start, thanks in advance.

I wish to file for an AOS after marrying my girlfriend who is a US citizen. I arrived here from Australia in early april on the visa waiver.

I understand that the visa waiver complicates things, but does not rule out AOS in these circumstances.

I can not however make sense of which forms need to be sent in. I know i need to send an i-485, but not sure what else.

Do i need to send in i-130 too? any others?

To complicate matters further, a few weeks ago my passport was lost/stolen, getting a new one from the LA australian embassy is going to take a while, as i also need to get a proof of citizenship from Washington first. I have about 20 days left on my VWP. Does the action of them recieving the documents allow me to stay while pending?

I have filed for a copy of an i94w through the FOIA, though i doubt that is going to get here in time, should i just go ahead and file the i-102- $300 request for a copy? Dealing with a Government entity i expect this to take months for them to open up a file and send me a copy. Am i able to apply for an AOS while in limbo?

I'm sure all these questions have been answered in different threads around the place, but I'm having trouble piecing together the fragments, any help would be greatly appreciated.

Edited June 16, 2011 by liam.lah

[canadian_wife 1,829]

First, you cannot adjust status through your girlfriend. Girlfriends are not immediate relatives.

In order to adjust status, you must get married. Is that on your radar yet?

Good luck

[liam.lah 0]

First, you cannot adjust status through your girlfriend. Girlfriends are not immediate relatives.

In order to adjust status, you must get married. Is that on your radar yet?

Good luck

Hehe, sorry. Should have mentioned we are getting married tomorrow :\

Edited first post.

Edited June 16, 2011 by liam.lah

[canadian_wife 1,829]

http://www.visajourney.com/content/i130guide2

Then follow the guide

Include ALL requested documents, including copies of your passport and I94.

Perhaps a letter explaining the late adjustment of status may help...at least for the piece of mind

Good luck

[Messybrownhair 251]

Found a similar thread for you

[JimVaPhuong 4,863]

Hi everyone, I have been lurking this forum for a while, and have found many useful threads. So before i start, thanks in advance.

I wish to file for an AOS after marrying my girlfriend who is a US citizen. I arrived here from Australia in early april on the visa waiver.

I understand that the visa waiver complicates things, but does not rule out AOS in these circumstances.

I can not however make sense of which forms need to be sent in. I know i need to send an i-485, but not sure what else.

Do i need to send in i-130 too? any others?

Yes, I-130 is required. Read here for everything else:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

To complicate matters further, a few weeks ago my passport was lost/stolen, getting a new one from the LA australian embassy is going to take a while, as i also need to get a proof of citizenship from Washington first. I have about 20 days left on my VWP. Does the action of them recieving the documents allow me to stay while pending?

Receipt of the I-485 will put you in a a period of authorized stay. None of the other documents you've sent for will automatically extend your authorized stay, and you cannot request an extension of stay after entering with the VWP.

I have filed for a copy of an i94w through the FOIA, though i doubt that is going to get here in time, should i just go ahead and file the i-102- $300 request for a copy? Dealing with a Government entity i expect this to take months for them to open up a file and send me a copy. Am i able to apply for an AOS while in limbo?

Did you actually receive an I-94W originally? Didn't you use ESTA? I thought VWP entrants were required to use ESTA now, and that the I-94W was pretty much obsolete.

Anyway, an FOIA request can take years. Don't hold your breath. If you really want to get a replacement I-94W then you should ask USCIS for a replacement by filing an I-102. The cost is $330.

http://www.uscis.gov/i-102

Can't help you with the replacement passport. That's between you and the Australian government.

[liam.lah 0]

Yes, I-130 is required. Read here for everything else:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

thank you.

Receipt of the I-485 will put you in a a period of authorized stay. None of the other documents you've sent for will automatically extend your authorized stay, and you cannot request an extension of stay after entering with the VWP.

That's good to know. I don't want to be in an unauthorised state at any point.

Did you actually receive an I-94W originally? Didn't you use ESTA? I thought VWP entrants were required to use ESTA now, and that the I-94W was pretty much obsolete.

I did use ESTA. I didn't recieve anything more than a stamp in my passport, my passport is gone now so i have nothing but a boarding pass from sydney to LA that proves i entered the US legally.

Can't help you with the replacement passport. That's between you and the Australian government.

Ive got this sorted, its just going to take ages.

[Ban Hammer 13,550]

moved from Adjustment of Status (Green Card) from Family Based Visas to Adjustment of Status from Work, Student, & Tourist Visas

[liam.lah 0]

Yes, I-130 is required. Read here for everything else:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Woah, there's 11 documents there, i am assuming its only the I-485 I-130 I-765 and I think the I-864 i have to file ?

[Little_My 464]

You need all the documents listed under that link. The main forms you have to fill out are the I-130 and I-485. In addition, the instructions of one or both of those forms require you to submit the I-864 (affidavit of support), the G-325 (biographic information, required separately for both forms, and one of them requires it from you and your USC spouse) and the I-693 (medical examination form, filled out by a designated civil surgeon).

I-765 and I-131, which are the temporary work authorization and travel permit forms, are optional. Most fill those out as well, since they do not cost anything and will allow you to begin working and/or travel outside the country while your GC is pending.

All the other documents that are listed under that link are additional documents / proof etc. which are required to be submitted with the I-130 and/or I-485, according to the instructions of those forms. If you read that list carefully here on VJ, it does tell you which forms are optional. Also, if you download the instructions for the I-130 and I-485, all the necessary documents are listed there as well.

It will be a big pile of paper.. our package weighed about 3 pounds when I mailed it.

[JimVaPhuong 4,863]

Woah, there's 11 documents there, i am assuming its only the I-485 I-130 I-765 and I think the I-864 i have to file ?

There are three complete petitions or applications here. The I-130 petition, and accompanying forms and documents, are to establish your eligibility for a visa number. Nobody immigrates to the US without receiving a visa number. The I-485, and accompanying forms and documents, is your application for a green card based on there being a visa number immediately available to you. The I-765 (which is optional), and accompany forms and documents, is your application for an employment authorization document, which will allow you to work in the US while you're waiting for your green card.

If you don't submit a required form or supporting document for any of these petitions or applications then the petition or application will be denied. If the I-130 is denied then everything else will be denied because everything hinges on the I-130. If the I-485 is denied then you might be able to reapply if the I-130 is approved. If the I-765 is denied then you probably won't need to bother reapplying because your green card app will be approved or denied before you get another I-765 submitted and processed.

Read the instructions for each and every form carefully. Most of the stuff listed in the guides comes from the form instructions, but there may be other things required that are not listed in the guides, depending on your circumstances.

[liam.lah 0]

Thanks guys, this is all a lot clearer now.

Another snag has been hit though.

In trying to fill out the i-864 form, while i have more than enough assets and savings to survive here, my wife/sponsor has never held a proper job and therefore has never paid income tax and can not prove any sort of wealth or ability to support me, it appears that her side of this form is mandatory, mine is only optional. I fear that even though i have savings and assets to keep me well above the poverty line, this does not matter on the form. Has anyone come to this before?

[JimVaPhuong 4,863]

Thanks guys, this is all a lot clearer now.

Another snag has been hit though.

In trying to fill out the i-864 form, while i have more than enough assets and savings to survive here, my wife/sponsor has never held a proper job and therefore has never paid income tax and can not prove any sort of wealth or ability to support me, it appears that her side of this form is mandatory, mine is only optional. I fear that even though i have savings and assets to keep me well above the poverty line, this does not matter on the form. Has anyone come to this before?

Take a good look at the I-864 form. You can contribute your own income and assets to help your wife qualify.

With no income, the total value of your assets would have to equal 3X the poverty guidelines for your household size. I presume your household size is two - you and your wife. In that case, you need 3X $18,387, or $55,161. You list your assets in section 28 of the form. You also have to include proof you own the assets, and proof of their value.

If you don't qualify, even with your assets, then you need a joint sponsor who qualifies.

[mof 15]

Thanks guys, this is all a lot clearer now.

Another snag has been hit though.

In trying to fill out the i-864 form, while i have more than enough assets and savings to survive here, my wife/sponsor has never held a proper job and therefore has never paid income tax and can not prove any sort of wealth or ability to support me, it appears that her side of this form is mandatory, mine is only optional. I fear that even though i have savings and assets to keep me well above the poverty line, this does not matter on the form. Has anyone come to this before?

Do NOT worry about that part. Assets of the intending immigrant can exclusively be used to meet the financial requirements. We were in the same situation - I have assets but my wife has little and also has not held a job in almost ten years. You should be aware that your I-864 will be almost completely empty. This, too, is nothing to worry about as long as your assets are sufficient. Do not forget to include documentation of your assets in your application.