How long do we have to wait after applying for Adjustment of Status while on a Tourist Visa?

[Deema & Wayne 28]

Hello all,

I heard this is the best place to get information so here it goes. I've known my husband for about a year and a half. I originally lived in Jordan and during this time, I visited him in the U.S on two separate trips and he visited me in Jordan on 2 separate trips. It was the only way to see each other since I have a tourist visa and I left each time before my entry stamp date expired. I am currently in the U.S visiting him, and 2 months into my visit he proposed to me, we got engaged and got married recently in the U.S; this was not planned ahead and I still have ties back home such as my job, my car, bank accounts. I also have a recent employment letter from my company there. We are going to file for my adjustment of status, but I have a few questions first:

1) How long will it take to hear back after we apply?

2) Will I be able to stay here until I do hear back or do I have to go back when the date that was stamped on my visa when I entered is up?

Thank you for your time.

[ValerieA 350]

You will get an NOA1 (basically telling you your application has been received) in a couple of weeks. The whole AOS process should take 3-4 months. Do not leave the country until you at least receive your Advance Parole, or the application will be deemed to have been abandoned.

Congratulations! Don't sweat the AOS process, it is easy and relatively quick. It doesn't sound like you have any negative factors to be worried about. Use the guides provided on this site and feel free to ask about anything that confuses you!

[Messybrownhair 251]

AOS can take anywhere from 3-6 months.. Depends how soon you can get an interview date.. Goodluck

[Deema & Wayne 28]

AOS can take anywhere from 3-6 months.. Depends how soon you can get an interview date.. Goodluck

Thank you both very much, I read around and it was constantly mentioned that I may be accused of visa fraud because I'm on my tourist visa which is not the case! So I decided to come to a place where the facts are straight We are very much in love and just want to be together and do it 100% legally.

Thanks again!

[Deema & Wayne 28]

AOS can take anywhere from 3-6 months.. Depends how soon you can get an interview date.. Goodluck

I had another question please. What is required from me for the interview? I assume a background check will be conducted to verify if our marriage is legit correct?

[Deema & Wayne 28]

I had another question please. What is required from me for the interview? I assume a background check will be conducted to verify if our marriage is legit correct?

and what if my visa expires while I'm here, do I have to leave? Sorry I'm asking so many questions I just want to make sure I do this right.

[prep.mac 7]

Hi, Newbie!

Your questions are understandable..and can be easily answered by using the search engine of VJ. I have found all the answers to my questions here. Like you, I was on a tourist visa that expired May 2011. My hubby and I got married before that. That was my 4th time to visit the US before we got married.

You're not conisdered out of status if the AOS is on progress. There were many tourist visa holders who got their GC(green crad) approved within 3-6 mos.

Once you get married, the USC can file for the Form I-130 (Petition for Alien Relative), the intending immigrant can file for the Form I-485 (Adustment of Status), Form I-765 EAD (Authorization for Employment Document) so he/she can work and Form I-131 AP (Advance Parole) so he/she can travel, prior needed prior, to GC approval. The intending immigrant needs the EAD to secure SSN, state ID and Driver's License. You will find the instructions, fees, requirements and mailing addresses at the USCIS website. It'a a read for sure but it's better to learn the steps than pay a lawyer. You still have time so suggest you start reading.

For things you need clarified or can't find in the USCIS webby, VJ is here fo you.

Hope this helps.

My Timelines:

10/2009 - met online

11/2010 - came here on B1/B2 visa

12/2010 - first meeting in person in Chicago, IL

03/2011 - moved in with him in IN

4/25/11 - got married in Mitchell, IN

5/02/11 - sent AOS packet (I-130/I-485/I-765) to Chicago Lockbox

5/04/11 - AOS packet received by Chicago Lockbox

5/23/11 - Received NOA for RFE (I-693)

5/27/11 - Sent RFE to DHS Lee's Summit, MO

6/02/11 - DHS Lee's Summit received REF reply

6/06/11 - Biometrics done at Louisville, KY as per NOA schedule

6/24/11 - Received NOA for July 25 interview in Indianapolis, IN

6/30/11 – Received text and email messages EAD card on production

7/25/11 – AOS interview @10am in Indianapolis, IN

I-130 Petition for a Minor Child of USC

6/25/11 - Sent I-130 packet for stepchild

6/27/11 – USCIS receipt date

6/28/11 - Received text and email messages stating USCIS received it and moved case to CSC for processing

7/01/11 - Touched

7/02/11 – Received NOA1

[Deema & Wayne 28]

Hi, Newbie!

Your questions are understandable..and can be easily answered by using the search engine of VJ. I have found all the answers to my questions here. Like you, I was on a tourist visa that expired May 2011. My hubby and I got married before that. That was my 4th time to visit the US before we got married.

You're not conisdered out of status if the AOS is on progress. There were many tourist visa holders who got their GC(green crad) approved within 3-6 mos.

Once you get married, the USC can file for the Form I-130 (Petition for Alien Relative), the intending immigrant can file for the Form I-485 (Adustment of Status), Form I-765 EAD (Authorization for Employment Document) so he/she can work and Form I-131 AP (Advance Parole) so he/she can travel, prior needed prior, to GC approval. The intending immigrant needs the EAD to secure SSN, state ID and Driver's License. You will find the instructions, fees, requirements and mailing addresses at the USCIS website. It'a a read for sure but it's better to learn the steps than pay a lawyer. You still have time so suggest you start reading.

For things you need clarified or can't find in the USCIS webby, VJ is here fo you.

Hope this helps.

My Timelines:

10/2009 - met online

11/2010 - came here on B1/B2 visa

12/2010 - first meeting in person in Chicago, IL

03/2011 - moved in with him in IN

4/25/11 - got married in Mitchell, IN

5/02/11 - sent AOS packet (I-130/I-485/I-765) to Chicago Lockbox

5/04/11 - AOS packet received by Chicago Lockbox

5/23/11 - Received NOA for RFE (I-693)

5/27/11 - Sent RFE to DHS Lee's Summit, MO

6/02/11 - DHS Lee's Summit received REF reply

6/06/11 - Biometrics done at Louisville, KY as per NOA schedule

6/24/11 - Received NOA for July 25 interview in Indianapolis, IN

6/30/11 – Received text and email messages EAD card on production

7/25/11 – AOS interview @10am in Indianapolis, IN

I-130 Petition for a Minor Child of USC

6/25/11 - Sent I-130 packet for stepchild

6/27/11 – USCIS receipt date

6/28/11 - Received text and email messages stating USCIS received it and moved case to CSC for processing

7/01/11 - Touched

7/02/11 – Received NOA1

That information was quite helpful thank you Do I have to apply for the work form if I don't intend to work here? Can't I just wait for my green card?

[Deema & Wayne 28]

oh and will I be able to stay after receiving my NOA1 or the NOA2?

[prep.mac 7]

oh and will I be able to stay after receiving my NOA1 or the NOA2?

Like mentioned earlier, you can get your conditional GC in 3-6 mos...if you start AOS now you will not be out of status but you can't leave the US til u get either your conditional GC or AP approved. Also, if you leave to work in your country and not here in the US, you will surely have a problem after 2 years when u try to apply for the removal of your conditional status to the 10 yr GC. Where will you spouse be if you go back to your country to work?

As it is, it is risky for you to get a GC as you are on a tourist visa..Suggest you make use of the search tab of VJ, type in your questions and you will past posts similar to your situation. You will learn a lot form previous experiences and questions.

Good luck!

[Casprd 167]

My understanding is because your spouse is a USC that any overstay will be forgiven so even if your tourist visa expires during the waiting period it shouldn't cause any problems. You will basically be out of status but you won't be illegal if that makes sense. Now if you live in Georgia, Arizona or one of those states, I'm not sure what happens if you get stopped by the police for anything but if you are in one of those places, I would get in the habit of carrying around some documents to show what is going on. No guarantee that it will help as they are probably clueless on the immigration process, but it can't hurt.

[Deema & Wayne 28]

Thanks guys. What I meant was, after I start the AOS process, I will be waiting to receive my NOA1 which is confirm of receipt and not approval. Is this what allows me to overstay because my AOS is pending, or do is it after receiving the NOA2?

I don't intend on working in my home country or going back there until my AOS process is complete.

[Harpa Timsah 13,258]

Thanks guys. What I meant was, after I start the AOS process, I will be waiting to receive my NOA1 which is confirm of receipt and not approval. Is this what allows me to overstay because my AOS is pending, or do is it after receiving the NOA2?

I don't intend on working in my home country or going back there until my AOS process is complete.

When your application is accepted for initial review (NOA1) then you will enter a NEW period of authorized stay, and can (and must) wait here until the AOS is adjudicated. You can work and travel once you get the EAD/AP card combo. Good luck!

[Brandi n Michael 8]

EAD/AP are at no extra charge so I would send them in anyway, even if you don't plan on using them. :)EAD is required to get SSN and DL is some states so if you want to get those done earlier then I would suggest it.

[Little_My 464]

And, just to chime in, USCIS is now issuing the combined EAD/AP card - which means that it is basically the same document. If I was you, I would apply for both anyway, because you never know how circumstances might change, and though the average processing times for AOS are fairly short (usually less than 5 months) there are people here who, for example, filed in November last year and are still waiting for their interviews.. So, having the EAD at hand in case your processing is prolonged for whatever reason might come in handy. And as mentioned earlier, when filed together with AOS, the EAD and AP do not have any fees, and the forms are short and simple. You will basically receive the EAD card, which authorizes you to work while the AOS is pending, and that same EAD card also functions as your AP travel document, which allows you to travel abroad while AOS is pending.

As long as you have not accumulated overstay, you can use the AP with no worry. If USCIS acknowledges, i.e. sends you an email/NOA is dated, before your current period of authorized stay ends, you have not accumulated any overstay - and for what I know, only 180 days or more of overstay will result in a ban, so if the overstay is less, it should not be an issue - though personally I probably would not risk leaving the country with a pending AOS even if I had less than 180 days of overstay.

NOA1 tells you when the AOS package was formally acknowledged by USCIS, and that is they day when your new period of authorized stay begins.