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Filed: AOS (pnd) Country: Peru
Timeline
Posted

Basically I'm marrying my girlfriend whom I've known for 9 years. I'm a bit overwhelmed about all the paperwork. I was wondering if I could get some guidance.

I came into the county at the age of 13 with a B-2 visa with my parents, so I would be applying to adjustment of status. Can someone tell me if I got everything straight.

I-130 form

$420 fee.

G-325A of petitioner

G-325A of beneficiary

Proof of petitioner's citizenship (birth certificate or passport)

Official Marriage License

Beneficiary's Birth certificate (Translated)

One passport style photo of petitioner and beneficiary.

I-485 form

$985 filing fee and $85 biometrics fee.

I-693, Medical Examination of Aliens Seeking Adjustment of Status

2 passport style photos of applicant (beneficiary)

Petitioner's I-864, Affidavit of Support (wife)

Petitioner's tax returns

Joint Sponsor's I-864, Affidavit of Support (Family friend)

Joint Sponsor's tax returns

Joint Sponsor proof of citizenship (passport copy or birth certificate)

beneficiary's passport and visa copy

copy of beneficiary I-94

I-765 application for employmentt

2 passport photos of beneficiary

copy of beneficiary passport and visa

copy of beneficiary I-94

We are going to get married in early April and file the paperwork soon after. I met with a legal assistant friend of my father who works at at a law firm, and she said that given that I have entered the US as a child, then I would probably be given a permanent greencard after the interview, which I do not believe since it's my understanding that I should get a 2 year green card which should be renewed 90 before it expires.

Is my list right? am I missing something? is the legal assistant right? (she's not a lawyer mind you). Also, my joint sponsor is a family friend who is retired yet still fairly wealthy. Would that be a problem?

thank you.

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted

You need proof of assets tied together like bank account, lease agreement, health insurance, phone bill etc. You also need to have copies of taxes in the I-130 packet. You need a G-325 for the I-485. Filing fee for I-485 is one check of $1070. Remember they are going to separate departments and they are not going to be copying your information for you.

Legal assistant talking nonsense. You have to be married 2 years before you get a 10 years greencard. It's not about how long you've been here. Anything under two years is a conditional resident card.

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

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Filed: Citizen (apr) Country: Canada
Timeline
Posted

Basically I'm marrying my girlfriend whom I've known for 9 years. I'm a bit overwhelmed about all the paperwork. I was wondering if I could get some guidance.

I came into the county at the age of 13 with a B-2 visa with my parents, so I would be applying to adjustment of status. Can someone tell me if I got everything straight.

I would consider hiring an immigration lawyer. Your case seems far beyond the do it yourself mold.

A B2 is a visitor visa. You were admitted as a tourist at least 9 years ago for a certain period of time and were under the obligation to go back home after your visit. It sounds like you have been overstaying on an expired visa. Because you came as a minor and your wife will be petitioning for you, USCIS may overlook your overstay.

How old are you now? Assuming you moved to the U.S at 13 years old and you met your girlfriend right away, you are at least 22 now. While you don't accrue overstay as a minor, you have been accumulating it as an adult since the 180th day following your 18th birthday. If my assumption is correct, you have accumulated at least 3.5 years of overstay by now. You most likely need a waiver. And you will need a strong case because if your wife's petition is denied, it's most likely deportation and a ban from the U.S.

Hopefully a more knowledgeable VJ user will pitch in. Good luck!

US citizen since April 2016

ROC completed April 2014

AOS from K1 completed February 2012

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** Moving from AOS from Family visa to AOS from Tourist visa as OP came on a B2 *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

We are going to get married in early April and file the paperwork soon after. I met with a legal assistant friend of my father who works at at a law firm, and she said that given that I have entered the US as a child, then I would probably be given a permanent greencard after the interview, which I do not believe since it's my understanding that I should get a 2 year green card which should be renewed 90 before it expires.

Is my list right? am I missing something? is the legal assistant right? (she's not a lawyer mind you). Also, my joint sponsor is a family friend who is retired yet still fairly wealthy. Would that be a problem?

thank you.

You are missing:

1) Evidence of a bona-fide relationship: joint bank accounts, joint lease/mortgage-- even a joint gym membership. Sign affidavits from people stating such, photos, family vacations place tickets etc etc. This is needed for the I-130.

2) You are missing a G-325A from your I-485

3) Overstays are usually forgiven for spouses of the USC.

4) You can file as soon as you get your certified marriage certificates in the mail

5) Your legal friend is incorrect. You are right. You will receive a condition green card, valid for two years which you will remove the conditions on no sooner than 90 days before it expires, but no later than it does expire. You only get a conditional green card since your marriage not being shorter than 2 years.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

Filed: AOS (apr) Country: Canada
Timeline
Posted

Filing fee for I-485 is one check of $1070. Remember they are going to separate departments and they are not going to be copying your information for you.

This is actually not true. The filing fee for the I-485 is seperate from the biometris. They will accept the one check but it is not required. Three seperate checks is just fine.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Filed: AOS (pnd) Country: Peru
Timeline
Posted

You are missing:

1) Evidence of a bona-fide relationship: joint bank accounts, joint lease/mortgage-- even a joint gym membership. Sign affidavits from people stating such, photos, family vacations place tickets etc etc. This is needed for the I-130.

2) You are missing a G-325A from your I-485

- Do I not send all the forms together in one packet? Even then I still need separate G-325's?

- I was told that the evidence should be presented during the interview. I mean I can send plenty of photos, but we are moving in together right after getting married so we wouldn't have any bills or joint bank accounts until after we file.

Filed: AOS (apr) Country: Canada
Timeline
Posted

Even though you are sending it all in one packet you still need to follow the instructions of every form to a T. If this means sending duplicates of something - that is what you do.

You don't need to send all the things the above poster listed, bank accounts, lease agreement etc...but you do need to send the bare minimum which is listed in the instructions of the form.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Filed: AOS (pnd) Country: Peru
Timeline
Posted

You don't need to send all the things the above poster listed, bank accounts, lease agreement etc...but you do need to send the bare minimum which is listed in the instructions of the form.

Well, I mean, I'm holding the I-30 in my hand,and it's not asking me to send any proof. Though I will send photos just in case.

Posted (edited)

Well, I mean, I'm holding the I-30 in my hand,and it's not asking me to send any proof. Though I will send photos just in case.

Please read the I-130 instructions. It says to include proof of a bona fide relationship there. Check the VJ guide in the "guides" section. It is good.

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

I would consider hiring an immigration lawyer. Your case seems far beyond the do it yourself mold.

A B2 is a visitor visa. You were admitted as a tourist at least 9 years ago for a certain period of time and were under the obligation to go back home after your visit. It sounds like you have been overstaying on an expired visa. Because you came as a minor and your wife will be petitioning for you, USCIS may overlook your overstay.

How old are you now? Assuming you moved to the U.S at 13 years old and you met your girlfriend right away, you are at least 22 now. While you don't accrue overstay as a minor, you have been accumulating it as an adult since the 180th day following your 18th birthday. If my assumption is correct, you have accumulated at least 3.5 years of overstay by now. You most likely need a waiver. And you will need a strong case because if your wife's petition is denied, it's most likely deportation and a ban from the U.S.

Hopefully a more knowledgeable VJ user will pitch in. Good luck!

This is mostly all incorrect. No waiver needed for spouses of USCs who adjust in-country.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (apr) Country: Canada
Timeline
Posted

Well, I mean, I'm holding the I-30 in my hand,and it's not asking me to send any proof. Though I will send photos just in case.

Every form has a PDF with instructions on it for that particular form. Read each of them before you make many mistakes...you don't just fill out forms and send them in...unfortunately it is not that simple.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

Edited for correction.

I had read on here that you needed someone else to sign as the translator - I was mistaken.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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