Currently O1 Visa, applying for AOS(GC) after marriage to US Citizen

[paulinho 0]

Hi,

I'm about to start gathering everything I need for my Green Card application and would like avoid going through a lawyer, for financial reasons of course. Here's a rundown of my situation...

- Australian Citizen

- Been living in the US for ~7yrs

- Currently employed on an O1 Visa

- Married last week to my partner. Lived together for close to 5yrs.

- Expecting a baby in November

- Would like to travel back to Australia for around a month in Jan/Feb 2014

So, I guess I'm looking for some advice on the best(and correct) way to handle my application. Does the fact that I'm already on an O1 make things any easier? Do I need to apply for a Work Authorization Permit (i-765), even though I'm already on an O1? Do I need to apply for an i-131 to travel back to Australia early next year? Do I still need an i-130, even though I'm on an O1? These are the sort of things I need help on.

As of now, I have a marriage certificate in hand and have an appointment with a civil surgeon this week. After that, the plan is to prep my application using this guide > http://**removed due to TOS**/required-forms.html < by a local VJ member.

Any suggestions/advice would be very much appreciated!

Thank you.

[atm 8]

I also recommend reading the VJ guide:

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

This is what we used, and I found it *excellent*. I also double checked instructions and current forms with the USCIS website too.

Yes, you will need an I-130 (to be submitted by the US citizen). I don't know the answer to whether or not you need to file for the I-765 and an I-131. My husband was on a similar visa when we did AOS in the US, and we did submit these applications (they are free with the AOS if you submit everything together). The approval for the EAD and AP tends to take about 2-3 months.

The only thing to watch out for is that you will definitely be called for an interview in your local USCIS office. It is difficult to predict how long that takes. I would check the immigration timelines here on VJ to try to get a current idea. I bring this up, as you don't want to be in Australia when you are called for interview.

All the very best and congratulations on your marriage!

Edited August 12, 2013 by atm

[KayDeeCee 4,893]

~ Moved from AOS from Family Based to AOS from Work, Student & Tourist Visas ~

[paulinho 0]

Thanks atm!

I would really love to leave my current job in the next month or two, after my application has been submitted. A lawyer I have worked with in the past was kind enough to answer a few questions for me "on the house" and in regards to my leaving my job, she said it would be best to stay where I am until I receive my EAD. I responded asking her if she suggested that because it allows me to continue working while I wait for the EAD, or because it just looks better in the overall scheme of things. She said "Regarding waiting for the EAD, I just want to make sure your immigration status is firmly transitioned from "nonimmigrant O1 status" to "pending immigrant." Does that make sense?

Her fee to take charge of my application is $4,500, not including USCIS fees of course, which will come out to around $1,500. I responded to her last email asking if it would be possible to only pay her a consulting fee and submit the application myself, in order to drastically reduce the total cost. Unfortunately, she doesn't do that, but offered me a $500 discount for a total of $4,000. Still, that's a substantial amount of money.

Is there anything I have to do differently because I'm on an O1 and not a K1,K2 etc.? What are your thoughts people, should I just stump up the cash and avoid any problems?

In the end, the main thing is for me to be free to work for whom I want, when I want (I have plenty of freelance opportunities). Especially since we're expecting a baby girl in a few months time, It's my last chance to take some time off beforehand and for me and my wife to take a little vacay I'd rather not be locked into a job where I'm unhappy and unable to take leave because I'm waiting on my EAD. Why can't I take leave you ask? Because I'm the main man in a startup and it's just not do-able right now.

Thanks people.

[atm 8]

Hi,

I was in a similar position. The lawyer we consulted in NYC asked for $6000 + filing fees. We just couldn't afford that, so we did it ourselves. There is nothing more difficult about the process because your partner is adjusting status (and didn't arrive with a K1 visa).

I used VJ all the way. The guides are really excellent, and you cannot go wrong if you are organized, follow the instructions to the letter, and check and double check everything. You should also make a copy of everything you send. There is a forum "Adjusting Status from Work, Student & Tourist Visas", which is also helpful. There are some terrific and very knowledgeable VJ members who are more than willing to help if you have questions about how to fill out the forms. There are even sample completed forms here on VJ. It was a lot of work, but better than spending $6000, especially if you have a fairly straightforward case. Examples of non-straightforward cases would include applicants with a criminal record, or something like that.

Something I recommend you do fairly soon is to add the immigrant spouse to checking/savings accounts, leases, utilities, car and health insurance, retirement accounts. Although you don't need a huge amount of financial intermingling for AOS since you are recently married, you will need it later on for ROC I-751. I front-loaded my AOS with a lot of evidence, and we had a very easy interview. I felt it was better to send more than less.

I would have thought you were OK to leave your job once you had the NOA1 for the I-485, but perhaps someone else can chime in if they have a different opinion. My EAD/AP took 57 days - it wasn't very long at all.

Best of luck - please ask if you have questions!

Edited August 13, 2013 by atm

[paulinho 0]

Does the AP typically come a long with the EAD? Timing wise, I'm thinking if I have my application in by the end of the month, what are my chances of getting both of these by January/February next year so I can travel back home.

Also, what evidence do you recommend or were you told to use in your case? The baby's birth certificate won't be here in time for the main application but maybe it's worth providing hospital papers with both our names on them?

Thanks again atm! Very helpful.

[Harpa Timsah 13,258]

Does the AP typically come a long with the EAD? Timing wise, I'm thinking if I have my application in by the end of the month, what are my chances of getting both of these by January/February next year so I can travel back home.

Also, what evidence do you recommend or were you told to use in your case? The baby's birth certificate won't be here in time for the main application but maybe it's worth providing hospital papers with both our names on them?

Thanks again atm! Very helpful.

Paulinho.

The process is easy and straightforward. I would use the VJ guide linked as a list of documents (not a non-vetted random website). Then you must read the instructions for each form listed in the VJ guide and (get the instructions from uscis.gov) and follow them. Then you mail your package.

The instructions straight from the horse's mouth are all you need (the horse is uscis.gov). People here will ask any extra questions you have. The instructions give you a list of evidence you can submit.

What you are doing is a CONCURRENT I-130/I-485 application, that is the USCIS-jargon for you to follow. It is different from a K1 but is the same as any other nonimmigrant visa.

As far as your lawyer's advice to keep the job: total nonsense. That is the sort of "hey listen to me because I have secret tricks" silliness that makes you think you should pay him/her $4k to fill out some forms (you providing all the information too, btw).

Both EAD and AP take 90 days.

Edited August 14, 2013 by Harpa Timsah

[paulinho 0]

Cheers Harpa.

I think I'm going to submit the application myself. I'll plan to leave my job after receiving NOA1, unless someone strongly advises against doing so.

In regards to the i-864/i-864EZ, it seems my wife should be ok to use the EZ. She is currently employed full-time, files her own taxes each year and makes well over the 125% poverty limit. I would still need include her W2's and tax returns for the past 3yrs correct?

[atm 8]

You need the I-864EZ. With each form on the USCIS website, there is a list of instructions. For the instructions: http://www.uscis.gov/files/form/i-864ezinstr.pdf

It says you only need the most recent year's tax information, although you can submit 3 year's information. If I remember correctly, you still have to write the USC's income on the I-864 for the last three years. If the USC has a steady job and has earned well over the 125% poverty level, I would just send one year's tax documents. That is what I did.

Rather than photocopying tax returns and W2s, it is much better to send IRS tax transcripts (available free of charge, and you can even order them online). They arrive in about one week, so order today! They're better, because they are a compact version of the submitted tax return, you don't have to worry about photocopying, and they are IRS generated.

See: http://www.irs.gov/uac/Tax-Return-Transcripts

[Make sure you order the tax return transcript, not the tax account transcript, and get used to ordering them, because you will need to do so again for ROC in 2 years, and if the immigrant ever applies for US citizenship]

As Harpa says, the AOS process is very easy, but it is very time consuming, and you must be very detail-oriented. Omitting information or forms isn't fatal, but it can lead to RFEs and long delays. I recommend you spend the best part of a day or two reading all the VJ guides, all the forms and all the instructions, before starting to assemble the package. I also agree that you should use the information on this site, rather than on any other unvetted site.

In the concurrent filing for the I-130/I-485, you will submit the I-765 (EAD) and I-131 (AP). These will be approved together, and you will receive a combined EAD/AP card.

Edited August 14, 2013 by atm

[atm 8]

One more thing: I would definitely apply for the I-131 if you want to travel abroad. Your current visa (if I am not mistaken) is a non-immigrant visa, so it may be a problem entering the US on this visa if the I-130/I-485 AOS is in process. This is because these applications show intent to immigrate, so you may have a problem entering the US on the O-1 non-immigrant visa.

In any case, filing I-131 and I-765 concurrently with the I-485/I-130 is free and relatively little paperwork.

[paulinho 0]

Hey guys,

Going through the I-130.

In section C it asks..

"If your relative is currently in the US, please complete the following... He or she arrived as a: visitor, student, etc."

Wondering what to put here. I first entered the country on a J-1 back in January 2007, but my past 2 visas have been O-1s. Had trouble finding an answer after googling it. If I'm going to refer to the J-1, should I put "Trainee" or "visitor" or something else? Or should I refer to my O-1 and in that case, I'm not sure what to put.. "worker", "extraordinary ability" ???

Thanks.

[paulinho 0]

Also, a question regarding the i-485...

It asks for my non-immigrant visa number. The thing is, my latest O-1 was approved on Jan 26, 2013 while I was in Australia. I wasn't required to get my passport stamped with the new O-1 before I flew back to the USA and because It was urgent for me to get back and start working, I didn't bother. Therefore, I don't actually have a visa number, or would it be the same as the O-1 that came before it? Because I do have that stamp.

[Harpa Timsah 13,258]

Your current status is what you last entered on, not something from 2007 (unless you hadn't left since then).

I don't understand you on this, maybe O-1 works differently? A visa is a thing in your passport, a paper sticker, not a stamp. You don't have a physical O-1 visa in your passport?

[paulinho 0]

I think it's referred to as a stamp, but yes, it's more of a sticker. I have an O-1 sticker in my passport, but it's my previous O1. I changed employers and needed to re-apply, which is when I got the Jan 26 approval.

I just went back through some emails with my O1 lawyer and the reason I wasn't required to get a new sticker in my passport before flying back to the US is, because the O1 attached to my last employer didn't expire until June this year. I just had to make sure that the next time I flew out of the country, I would get my visa re-stamped(stickered).

So... because I was able to fly back and present my previous O-1 stamp to immigration, I'm guessing maybe my visa number would be the same?

[Harpa Timsah 13,258]

To me, a "stamp" is an ink stamp made with a rubber stamper and an ink pad. Like these:

A visa is a big paper affixed to an entire page of your passport, with your photo on it and everything.

So you say you have a now expired visa but you got an extension while in the country, yes? I would use the one that is in your passport now. Do you have your I-94 or other entry stamp?