On B1/B2 visa intending to to file AOS pending your feedback

[Excelling 0]

I am on a B1/B2 Visa, came to the US first time in August 2012 for 3 weeks during which I got married to USC, returned back home to my job and came back again to the US in Nov. 2012 for work related and visiting my wife with the intention to go back home however, I have not been able to leave ever since because of pregnancy and the need for me to stay with my wife. Currently, my wife cannot travel with me because she wants to follow up on the pregnancy and deliver the baby in US, also I can't leave her alone at this point.

Now, my visa is expiring in ten days and I need to know if I can submit the AOS package now? Would I be in a problem if my visa expired before I receive NAO or form 797???

Also, I have everything ready for filing except for i-693, I have not do the medical examination yet, can I send the AOS package without the I-693 so I don't get my visa expired before I file the package and then turn in the I-693??

I am worried to violate my visa and stay beyond the authorized time to stay on my visa

Thank you so much for your advice and support on that

[Excelling 0]

Your help/advice is HIGHLY APPRECIATED

[UK_Fan 192]

your wife needs to submit I-130 on your behalf and you need the I-485.. you will get an RFE if you dont send the I-693, or they might not even begin to process you application for AOS without it.. but if they do give you an RFE, you have 82 days (i think) to send them the required stuff.. with medical you never know, you might have to have certain shots that take at least a month (need 2 periods of vaccinations)

but if you do end up overstaying your visa, it won't be a problem, as it is forgiven to spouses of USC's, just dont leave until your green card on hand.

[Excelling 0]

UK_fan, thanks for your reponse,

In case they choose not to process the AOS until I submit I-693, would I still get NOA ??

Or I-797??

[Hypnos 6,576]

An NOA is an I-797 (a receipt notice is an I-797C).

If you submit your AoS package without the I-693 then you will be RFE'd for it.

Edited May 12, 2013 by Hypnos

[Excelling 0]

Thank you Hypnos,

Which do you think would be better to pursue? Get the I-693 ready and file complete package after I overstay my visa? Or turn the package (without I-693) before my visa expires and wait for their RFE for the I-693??

Thanks all for your guidance

[Hypnos 6,576]

Well there's really no reason to send in your AoS without it. If it means you overstay for a couple of weeks then that is not going to change anything or be a basis for denial. Overstay is not penalised at adjudication for immediate relatives of a US citizen, such as a spouse, so any overstay, be it ten days or ten years, is almost completely irrelevant to your AoS.

[Excelling 0]

Thanks much.

I'll go after the I-693 then

[cleverodra 1]

I have a question regarding this topic?

If a B2 visa holder married a USC and files for AOS soon after her wedding, would she need to file, AOS, EAD, AP, I-693 in the same package? Would she send two different checks, or just one?

[cleverodra 1]

Or am I missing anything else?

Thanks

[Excelling 0]

I have a question regarding this topic?

If a B2 visa holder married a USC and files for AOS soon after her wedding, would she need to file, AOS, EAD, AP, I-693 in the same package? Would she send two different checks, or just one?

Her husband has to file I-130 for her (to establish the relation with USC), then the I-485 to adjust her status to a permenant resident, the I-693 (medical examinations) is required as per the members' feedback to my post above! If she wishes to apply for EAD and AP she can, it's optional!

I have filed all of the above in one package (Concurrent) and made TWO CHECKS, one for the I-130 and the other for I-485 and biometrics. I believe it should be made into two checks.

I hope that's helpful

[cleverodra 1]

Thanks for the help.