Help with Process Please AOS

[Michelle G 0]

Hi,

I married my husband on Jan 13/12 in Fort Smith AK...we live in Oklahoma. I was here under a TD visa - but divorced that man and never left. Now I need to apply for my adjustment of status. Can someone give me the list of forms to fill out including the EAD. I am Canadian and have only ever held the TD visa. My drivers license expires on the 13th of March here in Oklahoma and I have a time crunch to get these documents in before it expires so I can get my license renewed.

I think it's the I130, I131, I485, I765....anything else let me know....HELP - why is this system so difficult?

Also - does my 21 year old son who is also here qualify to apply at the same time?

[Inky 1,110]

Follow the step by step guide located here - http://www.visajourney.com/content/i130guide2

This guide is for yourself.

I'm unsure but I don't think your son qualifys to file the way you do as he is 21 and did not marry an American.

[RickJovi 81]

Hi,

I married my husband on Jan 13/12 in Fort Smith AK...we live in Oklahoma. I was here under a TD visa - but divorced that man and never left. Now I need to apply for my adjustment of status. Can someone give me the list of forms to fill out including the EAD. I am Canadian and have only ever held the TD visa. My drivers license expires on the 13th of March here in Oklahoma and I have a time crunch to get these documents in before it expires so I can get my license renewed.

I think it's the I130, I131, I485, I765....anything else let me know....HELP - why is this system so difficult?

Also - does my 21 year old son who is also here qualify to apply at the same time?

So you married your husband on January 13, 2012 and divorced him the next month? You can't apply for adjustment of status. He had to do it and that is no longer an option if you divorced him. Maybe I didn't quite understand. Are you still married to your husband?

Edited February 12, 2012 by RickJovi

[Inky 1,110]

So you married your husband on January 13, 2012 and divorced him the next month? You can't apply for adjustment of status. He had to do it and that is no longer an option if you divorced him. Maybe I didn't quite understand. Are you still married to your husband?

Wholy ####### I did not see the part where she said she divorced him. LOL --- my advice posted above is MOOT if the OP is divorced then she cannot file AOS of any kind and must leave the USA with her son.

[Harpa Timsah 13,258]

Wholy ####### I did not see the part where she said she divorced him. LOL --- my advice posted above is MOOT if the OP is divorced then she cannot file AOS of any kind and must leave the USA with her son.

No, she means that she obtained her TD visa as a dependent of a TN visa holder (she was married to a Canadian with a TN visa). Now she married an American.

I have a question for the OP: How long ago did you divorce/ie how long have you been living here under your TD status? Once you got divorced your TD status was revoked.

[Kathryn41 3,205]

Topic has been moved from AOS from a family based visa to AOS from a work, student & Tourist visa as OP is adjusting status from the derivative of a work based visa and is more appropriate to this forum.

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Michelle G,

I just wanted to let you know that it is highly unlikely you will be able to renew your Driver's License when it expires in March. Submitting the immigration applications and petitions to USCIS is not sufficient to allow the State to rewnew your DL. You require dated proof of a valid immigrant status in the US. Currently you are out of status, and when you apply for AOS you will again be considered 'in status' while you wait, but you will not have proof of that status sufficient for most Departments of Drivers Services. The receipt you will receive will acknowledge receipt of your documents but makes no statement that you have legal status in the US for a specified period of time, and that is what is required to get a DL in most states. You will need to receive either your actual green card or the EAD.

AOS applications are taking upward of 5 to 8 months to process right now, although there a few that take less and some that take longer to process. The EAD should be processed in about 3 months after USCIS receives your AOS package. You can use the EAD to renew your DL for one year.

Another consideration - how long have you been in the US since you divorced your TN husband? Depending on how long it has been you may find that you cannot leave the US and return safely without the green card because you have accumulated too many out of status days. USCIS will approve an I-131 Advance Parole/Travel Document for you, but you cannot use it if you have more than 180 days out of status. If you left the US it would trigger an automatic 3 year ban on re-entry - and if you have over 1 year of out of status days (you divorced your husband more than 1 year ago) then leaving the US would trigger an automatic 10 year ban on re-entry.

US immigration is not for the faint at heart. It is extremely detailed oriented, #######-retentive and unforgiving. The reason it is so difficult is primarily because the US government is not immigrant friendly and views everyone who crosses their border as a potential threat to US security. They make us jump through many, many different hoops to prove we are not, and they are the ones who call the shots and say how high and high long we need to 'jump'. It is also a very time-consuming process and will try you and your new relationship far more than you can ever begin to imagine.

So, good luck to you; take your time to submit the documents accurately and completely. Failure to provide exactly what is requested in full detail will result in a request for that evidence (RFE) delaying the process even more. I think it is a safe bet that you and your husband will have an interview with immigration before you receive your green card as well.

Edited February 12, 2012 by Kathryn41

[Harpa Timsah 13,258]

I want to add that your son cannot adjust, and cannot ever adjust through you or your husband if he has overstayed his visa for 180 days or more. Overstay is nor forgiven for children over 18.

Edited February 12, 2012 by Harpa Timsah