Confused about Adjustment of Status

[Old_Dog_Barking 36]

When you say overstay is forgiven for spouses, you mean he isn't considered an illegal alien while we get the money together? There isn't a penalty or anything for filing after his tourist visa expires? That is good news.

"Overstay is forgiven" means there's no adverse consequences on his Adjustment of status but if he gets caught between the date his visa expires and the date he files for AOS, he could be deported.

Edit: Sorry I cross path with Harpa.

Edited August 10, 2012 by Old_Dog_Barking

[Nigerienne31 0]

Not exactly. His overstay is not a bar to adjusting status, and once the Greencard is approved, he will be able to travel without incurring a ban. When you first file the AOS he will begin a new period of temporary authorized stay while the application is pending. However, for all the time before that, he is illegal and can be deported.

You met, married, and are pregnant within 3 months?

Yes, we met after he was here for about 2 weeks and we dated for about a month before I got pregnant, we got married 3 months later and hes now been in the states for about 6 months. His tourist Visa is good for a year but his entry stamp is only good for 6 months at a time.

We've been trying to save up the money for the application, but have failed. And it's harder than it sounds to find someone amongst your friends and family to borrow $2000 from

On a different note, I'm confused about the medical exam. In some places its says to include it with the package, and in other places it says that they will send us a list of approved doctors after our application. do we find the approved doctors? If so, where would we look?

[Harpa Timsah 13,258]

You can find a Civil Surgeon for the medical here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=271e6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=271e6138f898d010VgnVCM10000048f3d6a1RCRD

You do it before and send the results with the application.

[VTmaple 1]

Oh dear, that is not good news, what do poor people do when they want to marry foreigners? I make just the 125% over the poverty line for my family size but we don't have that kind of extra money for the application! Now if my husband could work, that would be another story....

You are allowed to count the beneficiaries assets in addition to your own in order to reach 125% of the poverty line (savings, bonds, investments, as well as car/house). It had to be the sort of investment that could be liquidated within one year without significant hardship to the beneficiary. You'll have to submit paper evidence of these assets as well.

There is also the option of co-sponsorship, but if you can make it just between the two of you than it may feel simpler. It also feels nice to be standing on your own two feet, financially!

Also, it seems that the recent trend regarding the medical has changed. You are allowed to either send it with your concurrent filing, or add it later. The civil surgeon I just dealt with said it was always the latter until just recently, but that her clients mention that it seems to speed things up (reduces the back-and-forth time of them asking for additional forms, or you waiting for an A-number to be assigned so that when you send it later it doesn't get lost in the shuffle). I may have been lucky, but I got all the medical info wrapped up in about 9 calendar days. I would

Edited August 10, 2012 by VTmaple

[Little_My 464]

I haven't heard or read anything to suggest that the medical paperwork wasn't required with AOS submission.. Sending AOS papers without the medical will result in an RFE, which will delay the entire process. For all I know, it might be enough to get the whole application rejected and boomeranged back in the first place.

[Dakine10 5,452]

Well I can't think of any proof we would have except maybe affadavits from people who were there when we met after he entered the country. At least we have the truth on our side, he really was NOT intending to stay! In fact, the US is not really where he wants to be. He is looking for work outside of the US, but is having a hard time of it. What happens if we file for the AOS, and then he leaves the country for work and years down the road he wants to come back, would that be a problem? We would just then refile for a spousal visa, right?

I really appreciate the help, there are just so many options on what to do!

Answer to both of your question:

If he leaves before the AOS is complete than he would not be able to enter until process is complete. It does not have an adverse affect on the application.

Lot of the ppl do it that way, they come to US on B1/2 get married, stay here for 6 months then return home and finish the rest of the process in their home country, that way separation time is minimal to 2-3 months.

You can do both together, if you do both together both fees would have to be paid together.

If the intent is to leave the US while the AOS is pending and not return, the safest route would be to withdraw the I-485 petition altogether and have the I-130 forwarded for consular processing.

You often here that the AOS is "abandoned" if you leave the USA before it's completed. It's not necessarily that simple. There's always the risk that USCIS will continue to process the I-485 all the way to the point of making a denial because no one appears for the interview.

Personally, I would not file for adjustment unless I absolutely sure I was able to go through with it.

[ceadsearc 516]

I haven't heard or read anything to suggest that the medical paperwork wasn't required with AOS submission.. Sending AOS papers without the medical will result in an RFE, which will delay the entire process. For all I know, it might be enough to get the whole application rejected and boomeranged back in the first place.

Yeah, it is a required document to file with AOS. Do NOT wait on that.