Preparing AOS packet.

[billboardblue 1]

SEASON GREETINGS TO ALL THE MEMBER'S OF THIS WONDERFUL DISCUSSION FORUM.

I COME FROM PAKISTAN AND MY NAME IS SAFEER,CURRENTLY IN PHILADELPHIA.I WOULD LIKE TO FOUCS A BIT ON MY BACKGROUND.I FIRST CAME TO U.S.A ON B1/B2 VISA VISITING MY SISTER IN FEB 2009.I MET ALICE(NOW MY WIFE)IN A PARTY AT MY SISTER'S FRIEND'S HOUSE.HE INTRODUCED ME TO ALICE WHILE HE WAS INTRODUCING ME TO OTHER.THEN THE FRIEND REQUESTED ME TO PLAY FEW SONGS ON GUITAR( AS I PLAY GUITAR)TO WARM UP THE PARTY. THE SONGS I PLAYED CAUGHT ATTENTION OF ALICE.AFTER PLAYING SESSION WAS OVER EVERYONE APPRECIATED THE SESSION INCLUDING ALICE.SHE JOINED ME EATING DINNER AND SHE EXPRESSED HER INTEREST IN LEARNING GUITAR. WE EXCHANGED OUR CONTACT DETAILS AND THEN EVERYBODY LEFT.THEN WE STARTED CHATTING OVER THE PHONE AND FINALLY WE DECIDED TO MEET IN MARCH.WE MET IN A MALL AND HAD FUN THAT DAY.MEETING EACH OTHER BECAME A WEEKLY ROUTINE AND WE WERE LIKING BEING TOGETHER.TIME PASSED, MY I-94 WAS STAMPED TILL AUG-2009 SO GO TO GO BACK.I WENT BACK HOME, BUT COMMUNICATION WAS STILL THERE.THEN I VISITED U.S.A AGAIN IN 2011 NOV, AFTER MEETING ALICE, I FELT AS IF I GOT WHAT I HAVE BEEN MISSING IN THESE TWO LONG YEARS. FINALLY I INTRODUCED ALICE TO MY SISTER AND HER FAMILY.MY MOTHER WHO CAME WITH ME WAS VERY HAPPY TO MEET HER AND FINALLY WE DECIDED TO GET MARRIED AND WE GOT MARRIED ON 8TH MARCH 2012.(I-94 STAMPED TILL 05/01/2012.)

NOW , I WOULD LIKE TO REQUEST YOU GUYS TO HELP ME OUT ON FOLLOWING QUESTIONS:

1) WILL THERE BE ANY PROBLEM DURING FILING A.O.S, AS I GOT MARRIED IN U.S.A WHILE I AM ON B1/B2.

2)SHOULD WE HIRE A LAWYER? OR DO IT BY OURSELF??IF WE HIRE A LAWYER, WHAT WOULD BE HIS EXPECTED FEE FOR THE WHOLE PROCESS??

3)IF WE DO IT OURSELF, KINDLY AND PLEASE LET ME KNOW WHAT ALL KIND OF FORMS ARE TO BE FILLED OUT FOR STATUS ADJUSTMENT,EMPLOYMENT,SSN AND RELATED TO COMPLETE GREEN CARD PROCESS.

4)WHAT DOCUMENTS ARE REQUIRED TO BE ATTACHED WITH THE FORMS.

5)I DON'T HAVE MY BIRTH CERTIFICATE, AS I WAS BORN IN A VILLAGE, SO WHAT TO DO? CAN MY MOM GIVE AN AFFIDAVIT , AS SHE IS HERE WITH ME?

6)SINCE OUR COURTSHIP PERIOD IS SO SMALL,WILL THERE BE ANY PROBLEM?

I WOULD APPRECIATE THE SUGESSTIONS AND COMMENTS IN THIS REGARD.

[Trina & Raja 2]

Based on such cases where you got married to a US citizen while on a visitor's visa, you have two options-

1. If you plan to continue your stay in the US, you need to hire a REALLY GOOD immigration attorney. USCIS may frown upon this and the brunt of proof may completely be on your shoulders. They perceive such situations as individuals trying to defraud the system.

2. The safe approach is for you to return to Pakistan and then have your wife apply for a CR1/IR1 category green card for you. It will be 6 months to a year before all the paperwork is processed and you get a green card to come back to the US, but your case will appear more genuine in this case.

If your intent was to get married, you should have come to the US on a fiance visa for the second time. Your face to face visit and communications since the first meeting would be reason enough to warrant a fiance Visa.

My 2 cents...

Edited March 23, 2012 by Trina & Raja

[NancyNguyen 1,657]

My suggestion is that you should turn the CAPS lock off, it is really annoying.

[chimcham 18]

.

Edited March 23, 2012 by chimcham

[Moomin 292]

You were admitted into the US based on the assumption that you were visiting and had no immigration intent.

Things changed and you have decided to stay and AOS. That's a legal path however your topic need to be moved to AOS through tourist visas. Take some time to follow the guides(and read that specific forum).

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

Forum: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Edit: ...and it was moved. Wow, that was fast!

Edited March 23, 2012 by moomin

[Kathryn41 3,205]

Topic has been moved from AOS from a family based visa to AOS from a Work, Student and Tourist Visa as the OP is adjusting from a Tourist Visa

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off . .

First, Congratulations on your marriage and welcome to Visa Journey. I hope we will be able to help you manouever through the paperwork involved with immigrating.

You asked:

1) WILL THERE BE ANY PROBLEM DURING FILING A.O.S, AS I GOT MARRIED IN U.S.A WHILE I AM ON B1/B2.

There should not be. When you entered the US, you did not have the intent to get married at that time. You re-met with someone you had met on a previous visit and with whom you have remained friendly, realized that this relationship was one you wanted to take to a more permanent level, decided to get married, and did so. If you had entered with 'intent' to marry, then remaining in the US to adjust status would be considered immigration fraud. Since you did not have that intent, you are allowed to request a change of status because your circumstances have changed.

2)SHOULD WE HIRE A LAWYER? OR DO IT BY OURSELF??IF WE HIRE A LAWYER, WHAT WOULD BE HIS EXPECTED FEE FOR THE WHOLE PROCESS??

The majority of the people on this site do not use a lawyer and most will tell you that you do not need to use a lawyer. The two of you should read over everything - all instructions, all forms, and the links on this website- and then decide if you feel comfortable doing it yourself. Basically, it involves filling out a lot of paperwork with information you know and the lawyer doesn't and you would have to provide to the lawyer, and then collecting a lot of documents and sending those in too. Whatever route you go, you will still be the one doing the majority of the work. The more information you have about the process the easier it will be to do on your own.

3)IF WE DO IT OURSELF, KINDLY AND PLEASE LET ME KNOW WHAT ALL KIND OF FORMS ARE TO BE FILLED OUT FOR STATUS ADJUSTMENT,EMPLOYMENT,SSN AND RELATED TO COMPLETE GREEN CARD PROCESS.

You and your wife would need to file the1-130 petition for a family member, I-485 petition to Adjust Status to permanent Resident,and all of the other forms listed in the instructions for this one; an I-765 Employment Authorization form that would allow you to work while waiting for your green card, and an I-131 request for travel documents called an advance parole that would allow you to travel outside of the US and return. Your wife would also have to complete an I-864 Affidavit of Support and include all of the requested attachments. There is good information included in the pinned topics in this forum and the AOS from a Family visa forum about all of the forms and various attachments. You would also need to have certain security documents from your own country and an immigration medical from an approved USCIS 'civil surgeon'.

Once you received your EAD which usually comes about 3 months after your application has been accepted, you can apply in person for a SSN. It will be a 'restricted' number which will state you can only work with an EAD. Once the green card has been approved - which may take 6 months or more - you can then get an unrestricted SS card with the same SSN.

4)WHAT DOCUMENTS ARE REQUIRED TO BE ATTACHED WITH THE FORMS.

Read over all of the instructions and forms and make a list. You will have to include separate copies of the same attachments for the AOS, AP and EAD requests.

5)I DON'T HAVE MY BIRTH CERTIFICATE, AS I WAS BORN IN A VILLAGE, SO WHAT TO DO? CAN MY MOM GIVE AN AFFIDAVIT , AS SHE IS HERE WITH ME?

There is a list of acceptable alternatives if a primary document like a birth certificate isn't available. Certainly your mother would be able to provide a notarized Affidavit verifying the circumstances of your birth as she was there.

6)SINCE OUR COURTSHIP PERIOD IS SO SMALL,WILL THERE BE ANY PROBLEM?

While you married quickly after your decision to get married, you did in fact know each other for several years so had a chance to develop a relationship. It shouldn't be a problem, especially as you did not get married right before your visa expired which might have looked more suspicious. You may be asked questions about it in the interview, but it shouldn't be a problem.

There is no need for you to leave the US and apply for a CR1 visa. Some Americans do not like the fact that visitors who get married and apply for a green card are allowed to do so and often suggest they should leave the US and follow the CR-1 route. Since USCIS allows this as a legal option, it is much faster, cheaper and emotionally easier not to leave the US, since there is no requirement for you to do so.

Good luck!!

Edited March 23, 2012 by Kathryn41

[billboardblue 1]

You are a life saver. Thanx a ton.Really people on this forum are helpful and are always ready to extend help whenever needed.The reply you posted is really a source of inspiration to do things by your self,and we have decided to fill all the forms of our own.I once again thank you for taking out time for a new user like me and replied to each and every question.

If you don't mind we would like to hear your story and your AOS journey.

Topic has been moved from AOS from a family based visa to AOS from a Work, Student and Tourist Visa as the OP is adjusting from a Tourist Visa

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off . .

First, Congratulations on your marriage and welcome to Visa Journey. I hope we will be able to help you manouever through the paperwork involved with immigrating.

You asked:

1) WILL THERE BE ANY PROBLEM DURING FILING A.O.S, AS I GOT MARRIED IN U.S.A WHILE I AM ON B1/B2.

There should not be. When you entered the US, you did not have the intent to get married at that time. You re-met with someone you had met on a previous visit and with whom you have remained friendly, realized that this relationship was one you wanted to take to a more permanent level, decided to get married, and did so. If you had entered with 'intent' to marry, then remaining in the US to adjust status would be considered immigration fraud. Since you did not have that intent, you are allowed to request a change of status because your circumstances have changed.

2)SHOULD WE HIRE A LAWYER? OR DO IT BY OURSELF??IF WE HIRE A LAWYER, WHAT WOULD BE HIS EXPECTED FEE FOR THE WHOLE PROCESS??

The majority of the people on this site do not use a lawyer and most will tell you that you do not need to use a lawyer. The two of you should read over everything - all instructions, all forms, and the links on this website- and then decide if you feel comfortable doing it yourself. Basically, it involves filling out a lot of paperwork with information you know and the lawyer doesn't and you would have to provide to the lawyer, and then collecting a lot of documents and sending those in too. Whatever route you go, you will still be the one doing the majority of the work. The more information you have about the process the easier it will be to do on your own.

3)IF WE DO IT OURSELF, KINDLY AND PLEASE LET ME KNOW WHAT ALL KIND OF FORMS ARE TO BE FILLED OUT FOR STATUS ADJUSTMENT,EMPLOYMENT,SSN AND RELATED TO COMPLETE GREEN CARD PROCESS.

You and your wife would need to file the1-130 petition for a family member, I-485 petition to Adjust Status to permanent Resident,and all of the other forms listed in the instructions for this one; an I-765 Employment Authorization form that would allow you to work while waiting for your green card, and an I-131 request for travel documents called an advance parole that would allow you to travel outside of the US and return. Your wife would also have to complete an I-864 Affidavit of Support and include all of the requested attachments. There is good information included in the pinned topics in this forum and the AOS from a Family visa forum about all of the forms and various attachments. You would also need to have certain security documents from your own country and an immigration medical from an approved USCIS 'civil surgeon'.

Once you received your EAD which usually comes about 3 months after your application has been accepted, you can apply in person for a SSN. It will be a 'restricted' number which will state you can only work with an EAD. Once the green card has been approved - which may take 6 months or more - you can then get an unrestricted SS card with the same SSN.

4)WHAT DOCUMENTS ARE REQUIRED TO BE ATTACHED WITH THE FORMS.

Read over all of the instructions and forms and make a list. You will have to include separate copies of the same attachments for the AOS, AP and EAD requests.

5)I DON'T HAVE MY BIRTH CERTIFICATE, AS I WAS BORN IN A VILLAGE, SO WHAT TO DO? CAN MY MOM GIVE AN AFFIDAVIT , AS SHE IS HERE WITH ME?

There is a list of acceptable alternatives if a primary document like a birth certificate isn't available. Certainly your mother would be able to provide a notarized Affidavit verifying the circumstances of your birth as she was there.

6)SINCE OUR COURTSHIP PERIOD IS SO SMALL,WILL THERE BE ANY PROBLEM?

While you married quickly after your decision to get married, you did in fact know each other for several years so had a chance to develop a relationship. It shouldn't be a problem, especially as you did not get married right before your visa expired which might have looked more suspicious. You may be asked questions about it in the interview, but it shouldn't be a problem.

There is no need for you to leave the US and apply for a CR1 visa. Some Americans do not like the fact that visitors who get married and apply for a green card are allowed to do so and often suggest they should leave the US and follow the CR-1 route. Since USCIS allows this as a legal option, it is much faster, cheaper and emotionally easier not to leave the US, since there is no requirement for you to do so.

Good luck!!

[billboardblue 1]

My suggestion is that you should turn the CAPS lock off, it is really annoying.

Thanks for the suggestion. The inconvenience caused is deeply regretted.

[billboardblue 1]

But now nothing can be done.I am already married.I think you mean to say, i should not file the paper work now.I should go back to my country and then my wife should sponsor me through k-1 route,I come again on k-1 visa and then get married or then file the paper work???

Based on such cases where you got married to a US citizen while on a visitor's visa, you have two options-

1. If you plan to continue your stay in the US, you need to hire a REALLY GOOD immigration attorney. USCIS may frown upon this and the brunt of proof may completely be on your shoulders. They perceive such situations as individuals trying to defraud the system.

2. The safe approach is for you to return to Pakistan and then have your wife apply for a CR1/IR1 category green card for you. It will be 6 months to a year before all the paperwork is processed and you get a green card to come back to the US, but your case will appear more genuine in this case.

If your intent was to get married, you should have come to the US on a fiance visa for the second time. Your face to face visit and communications since the first meeting would be reason enough to warrant a fiance Visa.

My 2 cents...

[billboardblue 1]

What sort of security documents from my country will be required??

[Sabian 4]

Personally, I'd get a lawyer. Pakistan is really complicated. Its not just the paperwork. People from Pakistan are heavily scrutinized.

[NancyNguyen 1,657]

But now nothing can be done.I am already married.I think you mean to say, i should not file the paper work now.I should go back to my country and then my wife should sponsor me through k-1 route,I come again on k-1 visa and then get married or then file the paper work???

If you leave now to follow the book, you will go the CR-1 Visa (conditional relative) not K-1 (fiance.) You can definitively AOS now in the US but you have to prepare extremely well, because you are here on tourist visa. Pakistan AOS is usually squeezed hard at the interview so a lot of bona fide evidences will be necessary. Good luck.