please help with questions for aos

[mlal 0]

Hi all,

This site and forms have been very helpful, however i still have a few more questions. My husband and i have been dating for almost 2 years and living together in the us(through a work program) and overseas when it ended. We recently came back to the us in March him on a 90 day visitor visa, then planned to go to europe to travel after it expired. While in the US he proposed and decided to get married. We were planning on marrying and going to Europe, but my grandfather became very sick a week before the wedding, and we decided it would be best to stay here with him for a while, as he most likely won't live more than a few more months. From what i've read filling for AOS is the best option. I've read the guides, and i'm still a little confused. Are we supposed to file the I-130 and the I-485 at the same time? There are some places where it asks for an alien # where is that? also it asks for an I-94#, he came over on a visa waiver, what should we put here?

Also for the guides for the I-485 it talks about sending the medical forms. Is he supposed to have a medical examination before we file? Also in terms of fees, where do i find a list of how much i need to send, and who do i make the check to?

The last question, since we have been working overseas for the past year, and weren't planning on staying in the US, neither one of us have jobs, we are currently staying at my parents house. Therefore, i believe my parents need to do a joint file? is this correct? and how do we go about this?

Thank you all so much for your help

Michele

[NancyNguyen 1,658]

Please follow the guide here: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

You will not be able to fill anything without reading the guideline first.

[LindaC1990 23]

Are we supposed to file the I-130 and the I-485 at the same time? Yes.

There are some places where it asks for an alien # where is that? also it asks for an I-94#, he came over on a visa waiver, what should we put here? He doesn't have one, he will get one after you submit all the paperwork.

Also for the guides for the I-485 it talks about sending the medical forms. Is he supposed to have a medical examination before we file?

Yes, No physical done, no Greencard.

Also in terms of fees, where do i find a list of how much i need to send, and who do i make the check to?

You need to send $420 for I-130, $1,070 for I-485 (I-131& I-765 are free if you want to apply at the same time)

Write the check to U.S. Department of Homeland Security

The last question, since we have been working overseas for the past year, and weren't planning on staying in the US, neither one of us have jobs, we are currently staying at my parents house. Therefore, i believe my parents need to do a joint file? is this correct? and how do we go about this?

Your parents can be the co-sponsor, I am not sure how this thing works, wait for someone else to help you.

[grrrrreat 109]

Hi all,

This site and forms have been very helpful, however i still have a few more questions. My husband and i have been dating for almost 2 years and living together in the us(through a work program) and overseas when it ended. We recently came back to the us in March him on a 90 day visitor visa, then planned to go to europe to travel after it expired. While in the US he proposed and decided to get married. We were planning on marrying and going to Europe, but my grandfather became very sick a week before the wedding, and we decided it would be best to stay here with him for a while, as he most likely won't live more than a few more months. From what i've read filling for AOS is the best option. I've read the guides, and i'm still a little confused. Are we supposed to file the I-130 and the I-485 at the same time? There are some places where it asks for an alien # where is that? also it asks for an I-94#, he came over on a visa waiver, what should we put here?

Also for the guides for the I-485 it talks about sending the medical forms. Is he supposed to have a medical examination before we file? Also in terms of fees, where do i find a list of how much i need to send, and who do i make the check to?

The last question, since we have been working overseas for the past year, and weren't planning on staying in the US, neither one of us have jobs, we are currently staying at my parents house. Therefore, i believe my parents need to do a joint file? is this correct? and how do we go about this?

Thank you all so much for your help

Michele

1. Yes file I-130 and I-485 at the same time. Also file I-131 and I-765 if he wants to be able to travel outside of the U.S. or work before he gets lawful permanent resident status (but he can't travel outside of the U.S. at all if he's overstayed his visitor status for more than 180 days or he will be barred from the U.S.) These forms will request an Employment Authorization Document card and advance parole.

2. He doesn't have an A# because he's never applied for an immigration benefit (VWP doesn't count). Put "None". He also probably doesn't have an I-94 because he came under the VWP, but they do give out I-94W sometimes. If it asks about I-94, put "None-VWP". He should make a copy of his passport and send that in instead of an I-94. If he got a stamp at the border, make sure to send a copy of that too.

3. Yes, he needs to get a medical examination from a doctor that is on the list of qualified civil surgeons. They will provide him with Form I-693 that he needs to send in with the application. It would be very helpful if he could get any vaccination records he may have from home, as the doctor will need to verify that he has gotten the required vaccinations or give him the vaccinations now.

4. The I-130 fee is $420. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

The I-485 fee is $1070. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You can write two separate checks made out to U.S. Department of Homeland Security: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3850a99ba78af110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Forms I-131 and I-765 are free if you file them at the same time as I-130 and I-485. The fee for the medical examination is set by the civil surgeon, so you can call around to check that. Same for any vaccinations he'll need to get.

5. As the U.S. citizen petitioner, you need to file your own I-864 (Affidavit of Support) even though your income does not qualify. If you didn't file taxes, you need to write a statement saying why you weren't required to. (U.S. citizens are taxed on all income wherever they live, but there are minimum thresholds you have to meet to have to file taxes.)

One of your parents can co-sponsor if they make sufficient income to support your spouse, himself/herself, and your other parent (household size 3), plus anybody else they claim as dependents on their taxes. They need to fill out an I-864. If both your parents have income, you can add both their incomes to reach the threshold. In this case, one parent fills out I-864 and the other parent fills out I-864A. They'll need to submit U.S. tax return transcripts, which can be requested here: http://www.irs.gov/individuals/article/0,,id=232168,00.html

All of those goes in a single package that is express mailed to the address for the Chicago Lockbox in the instructions to the forms.

Edited June 7, 2012 by grrrrreat

[mlal 0]

Hi Everyone!

Thank you so much for your help! I've been reading the guides, and while they are very helpful, i really appreciate having people to answer my follow up questions Thank you for telling us about the medical exam, we now have that scheduled for next tuesday! In terms of filling out the I-765, i have a few questions relating to that. For question 15 on the I-765, It asks what his current immigration status is, he came over on a visa waiver, but he is now applying for adjustment of status, should he still put visitor, or should we write something about him adjusting his status. Also the above posters said we should file both the i-765 and I-485 and i-30 all at once. However, i'm confused at what to put for the eligibility catagory. I would assume it would be C9 but it says that you need a recepiet or evidence that the I-485 is pending.

Thank you all for your help, and i apoligize for not understanding everything

[LindaC1990 23]

Hi Everyone!

Thank you so much for your help! I've been reading the guides, and while they are very helpful, i really appreciate having people to answer my follow up questions Thank you for telling us about the medical exam, we now have that scheduled for next tuesday! In terms of filling out the I-765, i have a few questions relating to that. For question 15 on the I-765, It asks what his current immigration status is, he came over on a visa waiver, but he is now applying for adjustment of status, should he still put visitor, or should we write something about him adjusting his status. Also the above posters said we should file both the i-765 and I-485 and i-30 all at once. However, i'm confused at what to put for the eligibility catagory. I would assume it would be C9 but it says that you need a recepiet or evidence that the I-485 is pending.

Thank you all for your help, and i apoligize for not understanding everything

C9 is the right one

You need the receipt only if you file for I765 after you filed the AOS

If you file them concurrently, the I 485 form itself shows that you are eligible for filing I765

so don't worry about this part, just send them all in.

Edited June 8, 2012 by LindaC1990

[grrrrreat 109]

Hi Everyone!

Thank you so much for your help! I've been reading the guides, and while they are very helpful, i really appreciate having people to answer my follow up questions Thank you for telling us about the medical exam, we now have that scheduled for next tuesday! In terms of filling out the I-765, i have a few questions relating to that. For question 15 on the I-765, It asks what his current immigration status is, he came over on a visa waiver, but he is now applying for adjustment of status, should he still put visitor, or should we write something about him adjusting his status. Also the above posters said we should file both the i-765 and I-485 and i-30 all at once. However, i'm confused at what to put for the eligibility catagory. I would assume it would be C9 but it says that you need a recepiet or evidence that the I-485 is pending.

Thank you all for your help, and i apoligize for not understanding everything

Current status is "VWP". C9 is correct. Don't need to send a notice of receipt if you're filing I-765 and I-131 with the I-485. On the I-131, you also don't need to include a statement of reasons why you qualify for the advance parole (as instructed on the top of page 3), because the I-485 is sufficient reason. You can also write none for date of expected departure and expected length of trip if you don't currently have travel plans.

[mlal 0]

Wow you guys are all great! thank you so much for your help.....i just wanted to clarify something. You said he could fill out the I-131 that would allow him to travel before he was approved. I was under the impression that if we went with the AOS he wasn't able to leave the country until he was approved. It was a tough decision because we already had a vacation with his family from norway planned to greece at the end of july. However once my grandfather started doing so badly and we decided to stay in the us and the AOS looked like our only option, we told them we weren't able to come since we thought he couldn't leave. So my question is if he came over on the vwp at the end of march, his visitor visa is up at the end of june, but we are express mailing all the paper work on tue. If he files the I-131 would we be able to go to greece at the end of july? i don't want to screw anything up or prolong anything, or risk him not being allowed back in. But his family that couldn't come to the wedding were so dissapointed and it would be amazing if we could go....Thanks

[ChrisPG 30]

Wow you guys are all great! thank you so much for your help.....i just wanted to clarify something. You said he could fill out the I-131 that would allow him to travel before he was approved. I was under the impression that if we went with the AOS he wasn't able to leave the country until he was approved. It was a tough decision because we already had a vacation with his family from norway planned to greece at the end of july. However once my grandfather started doing so badly and we decided to stay in the us and the AOS looked like our only option, we told them we weren't able to come since we thought he couldn't leave. So my question is if he came over on the vwp at the end of march, his visitor visa is up at the end of june, but we are express mailing all the paper work on tue. If he files the I-131 would we be able to go to greece at the end of july? i don't want to screw anything up or prolong anything, or risk him not being allowed back in. But his family that couldn't come to the wedding were so dissapointed and it would be amazing if we could go....Thanks

1) Yes he can use the I-131/Advanced Parole (AP) to travel abroad.

2) He likely won't receive his AP until after around 60 days of filing, so end of the July is very optimistic-- more like end of August/early September before he has the AP in hand. I wouldn't even book ANY flights or make plans until he has it in his hand.

3) He will still need to return to the U.S. to attend his interview, so it he does leave the country-- make sure you have someone who is able to check your mail for any interview letter and any RFE letter.

Personally, since AOS takes such a relatively short period of time these days-- I would just hold off on traveling unless it is a dire emergency. Seeing family that couldn't attend the actual wedding can wait 3 months or so IMHO.

Edited June 9, 2012 by ChrisPG

[Harpa Timsah 13,258]

but we are express mailing all the paper work on tue.

If your medical is on Tuesday, you won't be sending the paperwork on Tuesday. The medical is at least two appointments a few days apart.

AP will be approved in 70- 90 days. You won't make it for July, alas.

[mlal 0]

Thanks everyone for your help and clarifications

Like i said we didn't even think he could leave the country for 6 months so had already decided to cancel the trip, if he would work great, but from what you guys say it won't, oh well...but thanks for the info

I have a few more questions if you guys wouldnt mind helping with.

1.) On the I-130 for question number 14..I'm not sure if i'm reading it wrong, but when it asks "If your relative is currently in the US complete the following he or she arrived as :

then it asks for arrival/departure record (I-94) then date arrived and date authorized stay will expire.

Is this asking for me the US citizen or for him. Also he came over on a vwp...therefore doesn't have an I-94 so i would assume we would just write vwp and n/a for I-94. It's just confusing who they are referring o.

2.) Then for the I-485 it asks the status he entered, which i assume again is the vwp. Then it asks what consulate it was issued at and the non immigrant visa #. He has an application number for his ESTA for the vwp. is that what we would put there?

Again thank you so much and sorry for all the questions, i just want to make sure we do it perfect...

Thanks

Michele

[grrrrreat 109]

Thanks everyone for your help and clarifications

Like i said we didn't even think he could leave the country for 6 months so had already decided to cancel the trip, if he would work great, but from what you guys say it won't, oh well...but thanks for the info

I have a few more questions if you guys wouldnt mind helping with.

1.) On the I-130 for question number 14..I'm not sure if i'm reading it wrong, but when it asks "If your relative is currently in the US complete the following he or she arrived as :

then it asks for arrival/departure record (I-94) then date arrived and date authorized stay will expire.

Is this asking for me the US citizen or for him. Also he came over on a vwp...therefore doesn't have an I-94 so i would assume we would just write vwp and n/a for I-94. It's just confusing who they are referring o.

2.) Then for the I-485 it asks the status he entered, which i assume again is the vwp. Then it asks what consulate it was issued at and the non immigrant visa #. He has an application number for his ESTA for the vwp. is that what we would put there?

Again thank you so much and sorry for all the questions, i just want to make sure we do it perfect...

Thanks

Michele

1. Question 14 is asking about the beneficiary, not the U.S. citizen. You can write "VWP" and "None" for I-94 if he came over on VWP and didn't get an I-94. They were issuing I-94Ws to VWP entrants at one point, but it's probably right that he doesn't have one.

2. Yes the status he entered in is VWP. As he wasn't issued a non-immigrant visa, write "none" where it asks for details of a visa. The ESTA number isn't important.

Make sure that you are submitting a copy of the passport he used to enter, and if he was issued an entry stamp include a copy of that page. Adjustment applicants are required to prove that they were admitted (and didn't sneak in, e.g.). It's relatively easy for VWP entrants to prove this, but you do need a copy of the passport and a copy of that entry stamp if possible.

I don't remember if you said whether he is still in status or if he overstayed. The only reason you wouldn't be able to use advance parole to travel is if there was some sort of bar to his admission. The most common is a bar for being unlawfully present in the U.S. for more than 180 days. As long as he hasn't overstayed the VWP, he should be able to travel with advance parole. If he has overstayed, calculate the amount of unlawful presence by counting the number of days between the expiration of his VWP status and the date that I-485 is received by USCIS (because filing the I-485 stops accrual of unlawful presence).

Edited June 11, 2012 by grrrrreat