Adjust stattus before the current VISA expires

[nerito 0]

Hi dear friends,

I am worried because my B2 VISA will expire on the 1st of March and i am trying to collect all the documents.i got everything but am still waiting for my Birth certificate-translated.My parents sent it to me a month ago-and It is not here yet.

Also-for my husbands' tax returns-for the last 3 years.

My husband is in the MIlitary-and is out of the country now-for 7 months.

We filled the Documents with him and he singed them. but I am still worried. How can I explain that my VISA will expire and I can not Sent the Adjustment of Status document.

Thank you for your help.

Neri

[pushbrk 13,118]

Hi dear friends,

I am worried because my B2 VISA will expire on the 1st of March and i am trying to collect all the documents.i got everything but am still waiting for my Birth certificate-translated.My parents sent it to me a month ago-and It is not here yet.

Also-for my husbands' tax returns-for the last 3 years.

My husband is in the MIlitary-and is out of the country now-for 7 months.

We filled the Documents with him and he singed them. but I am still worried. How can I explain that my VISA will expire and I can not Sent the Adjustment of Status document.

Thank you for your help.

Neri

Your husband is going to need to be in the USA for you to finish your adjustment of status because the two of you will have an interview together. The expiration of your visa is not the issue. It's the expiration date on the I-94 that controls whether you have overstayed the visa. An overstay is forgiven, once the status adjustment is complete, so no worries on an overstay, as long as you continue to stay and eventually adjust status.

[milimelo 4,562]

Moving to AOS from tourist, student, work visa - OP is not on K-3.

Edited February 20, 2012 by milimelo

[ceadsearc 516]

If her husband is active duty military she will be able to attend the interview alone.

[Soapz 14]

You need your original birth certificate. If you have it with you use one of the certified online translation services. I used one, paid about $35 and received the translation within hours. If your bc got lost in the mail, tell your parents to get another copy as soon as possible.

As for proof of income: military personnel get a LES (Leave and Earnings Statement) include those. As a military dependent you should also be able to get help with these issues from the legal aid office on base.

P.S. You might want to search through the Military Immigration forum.

[nerito 0]

You need your original birth certificate. If you have it with you use one of the certified online translation services. I used one, paid about $35 and received the translation within hours. If your bc got lost in the mail, tell your parents to get another copy as soon as possible.

As for proof of income: military personnel get a LES (Leave and Earnings Statement) include those. As a military dependent you should also be able to get help with these issues from the legal aid office on base.

P.S. You might want to search through the Military Immigration forum.

Thank you for your answer.The USCIS requires a copy of the birth certificate and English translation,right.

I will contact the Military base and Ask for LES>

Thank you for your help!

[nerito 0]

Thank you ceadsearc.My husband left me a copy of his order that is currently on Active Duty Abroad.

So i will attach it and explain the case..and probably I will go to the interview alone.

[nerito 0]

Your husband is going to need to be in the USA for you to finish your adjustment of status because the two of you will have an interview together. The expiration of your visa is not the issue. It's the expiration date on the I-94 that controls whether you have overstayed the visa. An overstay is forgiven, once the status adjustment is complete, so no worries on an overstay, as long as you continue to stay and eventually adjust status.

I was worried for the expiration of I-94 but I rather collect all the papers right and send them then..hurry and send not the right one,

Thank you for your help.

pushbrk Do you know If i send the I 130 package together with I 485 package..should they be sent to the same address.

Because I know that there is a new requirement if you are sending I -130 only =depends on the state you live in,.

just wanted to make sure that I will send both packages at the same time..

Thank you:)

[Harpa Timsah 13,258]

Please read the instructions. The CONCURRENT I-130/I-485 is sent in one big package all together to the same place.

[pushbrk 13,118]

Please read the instructions. The CONCURRENT I-130/I-485 is sent in one big package all together to the same place.

That is correct. Follow the instructions for a concurrent filing.

[pumpkinseed 10]

Just a thought - did your parents happen to make a photocopy or scan your birth certificate + translation before they sent it? Cause if they did - you can just use that, USCIS usually do not require originals - they might ask for them later - but you can send a photocopy in the original packet.

[nerito 0]

Just a thought - did your parents happen to make a photocopy or scan your birth certificate + translation before they sent it? Cause if they did - you can just use that, USCIS usually do not require originals - they might ask for them later - but you can send a photocopy in the original packet.

Thank you guys:) I just got the birth certificate today.

I am now going to arrange everything..Oh my!

[Sandra G. 5,074]

Nerito do not forget to submit the I-130, G325A filled out and signed by you and G325-A filled out and signed by your husband as well (submit completed G-325s and pictures for both the petitioner and beneficiary)

I-864 signed by him, I-485 signed by you, I-693, I-131(optional) and I-765 (optional)

payment (USCIS FEE)-put your name on the back of the money order or check .Make checks or money orders payable to “U.S. Department of Homeland Security.

COVER LETTER

copy of your marriage certificate, copy of your birth certificate and respective translation

copy of your passport (all pages)

copy of your I-94(front and back)

copy of your husband birth certificate or copy of his passport (all pages)

If your husband is naturalized copy of his certificate of naturalization

Copy of his last tax return

A lease showing joint tenancy of a common residence (if you have)

If you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated .

passport-type photo (write your name on the back).

Evidence of a bonafide marriage:affidavit of friends and his family, pictures together,documentation showing co-mingling of financial resources;

If you are fluent in English you can translate all documents in foreign language and certify that you are fluent in both languages.

Use paperclips when attaching supporting personal documents to forms.Good luck

[nerito 0]

Thank you sandranj,

You aRE very helpful!

I have to get proof of Bona Fide marriage-was thinking to ask friends to write a letter for me,

Do you think it is a good idea to HAve a letter from My Husband's MOm(My stepmom)

I was also wondering should i sent pictures with all those proofs...

and should I sent a story of how did we met-and get together-and married.

Thank you guys!

[YupYup 4]

I personally wouldn't send a letter explaining everything. Your AOS will be easier, since your husband is military. Attach a copy of your DEERS enrollment, group lifinsurance, dependent ID and tricare card. Those count as strong evidence towards your bonafide marriage. We didn't include any photos, when we submitted the paperwork, but we brought them to our interview. Don't swet, you won't even need a sworn letter. The interview will be quite easy if your case is straight forward.