Starting off my Adjustment of Status

[Erica & L 50]

Hi everyone,

First off, I am so happy I found this website and I really hope some of you could help me answer some questions or relay your own personal experiences with the systems. I've called Immigration and asked questions, but it would be nice to hear from the point of view of individuals in similar situations.

To start off:

My name is Erica, I'm 21 years old from Vancouver, Canada and I'm Immigrating because I met my girlfriend, the love of my life, online. She is an American citizen, and came up to Canada to stay with me for 2 and a half months before we came back down here on June 25th. Originally, we thought we would have to constantly "snowbird" from both countries for the period of six months, because under the DOMA act at the time, gay marriage was not being federally recognized for me to receive a green card. However, with the change in the DOMA act recently, we can now begin our application and journey to stay in the US and not have to be separated because that would absolutely break my heart. Anyways, despite Canada recognizing gay marriage and the possibility of having my girlfriend immigrate there instead, I personally have no ties in Canada and it was more financially smart for me to immigrate as well as for family reasons on her behalf.

We currently live in Alabama, and are going up to Maryland on September 23rd to get married so we can begin this process. The only thing that is difficult is saving money on one income, especially since my 6 month visiting period ends on December 25th. I spoke to an immigration official and they told me that as long as our applications (Adjustment Package - I-693, I-130, I-765, I-131, I-864, I-485) and 1-130 Petition to sponsor for a Non-immigrant Relative) are sent off and in process before that date, I do not have to return to Canada or face deployment. Ideally, we're looking to send out these forms by the end of November/beginning of December providing we have the money to do so, is that accurate.I'm doing whatever I can down here to possibly get a job, pet sitting/house sitting etc but obviously because I am not legal to work, it is making it difficult to save up the money.

My questions are:

1. Can anyone confirm that those are all the necessary forms and their costs, or if there are any surprise additional costs I should prepare for?

2. I was told I-130 is $420 and I-485 $1, 070 are the costs, I was told, is that correct?

3. For the medical exam, I was seeing that they take into consideration self harm. I used to self-harm in my teenage years, and have scars on my left forearm. Most are light/small/faded, but I have three that are raised/darker in colour. It was a difficult time in my life, and do not use that as an outlet anymore, but I realize it's something the civil surgeon will most likely notice. I never went to a doctor/therapist for it, so there is no information in my medical history to fax over. I read that some people had to get evaluated, while others explained the circumstance and it wasn't an issue. If they recommend I be evaluated, can I just see any doctor for that? Also, while the civil surgeon will want my medical history, I haven't been to a doctor recently and my old doctor has retired, so would I just request that they send to me everything they have on file, or does the civil surgeon request that information be directly sent to them with the contact information I provide? I wanted to book my medical exam far in advance, but I just wanted to double/check get an opinion on some of these issues. Also, can a civil surgeon quote about how much the appointment/exam will cost so we can save ahead of time?

4. Are any of you currently in the process/successfully completed the process of getting a green card for your same-sex spouse?

5. Does anyone have any tips money wise when it comes to all of these costs?

6. Does anyone have any civil surgeons in Alabama they could recommend? I have a list, but any high ratings from anyone would make me feel better about the situation.

I'm sure I have more stuff to ask, but if any of you have some insight or anything to share, it would be greatly appreciated!

Thank you!!

[ricnally 258]

You might be getting ahead of yourself, here. One important question for you is what your intention was when you came to the US in June. Did you come with the intent to marry and stay? This will make a difference in how you proceed as well as the timing of the DOMA thing in correlation to when you arrived. (When was the DOMA thing, exactly?).

[Erica & L 50]

You might be getting ahead of yourself, here. One important question for you is what your intention was when you came to the US in June. Did you come with the intent to marry and stay? This will make a difference in how you proceed as well as the timing of the DOMA thing in correlation to when you arrived. (When was the DOMA thing, exactly?).

I probably am getting ahead of myself, but I like to be organized/planned/prepared for things and I am just so stressed for the whole thing.

No, when we came back down here on June 25th, we were not intending to stay or be married because at the time, we knew we could only stay for 6 months before having to return to Canada. The DOMA act was change a little over a month ago, I believe. Which is why we decided to stay here and pursue a green card now that gay marriage is federally recognized. So I was here for a month-ish, before this even became an option.

[ricnally 258]

OK, that's GOOD. You should be able to do the AOS then, without any probs. Interesting situation! If you were a male/female couple, you might have a hard time proving that you weren't intending to marry and stay when you came down (a definite no-no on a visitor visa), but since marriage was not an option when you came you should be good to go...er...stay!

[KayDeeCee 4,893]

Follow this guide > http://www.visajourney.com/content/i130guide2

Yes it is $420 for the I-130 and $1070 for the rest(I-485, I-765, I-131 and all supporting forms and documents).

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

[Erica & L 50]

OK, that's GOOD. You should be able to do the AOS then, without any probs. Interesting situation! If you were a male/female couple, you might have a hard time proving that you weren't intending to marry and stay when you came down (a definite no-no on a visitor visa), but since marriage was not an option when you came you should be good to go...er...stay!

Yeah that's what a couple of my friends said as well, hah. I just came down on visiting terms for 6 months, is that different or the same as a visitors visa? I believe I fall under the B-2 status currently, so I would be moving from B-2 towards an AOS?

Thanks for your response!

[Erica & L 50]

Follow this guide > http://www.visajourney.com/content/i130guide2

Yes it is $420 for the I-130 and $1070 for the rest(I-485, I-765, I-131 and all supporting forms and documents).

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

Thank you.

I was told that the I-130 and the rest can be mailed together as long as there are separate cheques for each fee, is that correct? or does the 1-130 have to be mailed AT LEAST so your application is in process and you're allowed to stay in the states/not be deported while this is in process?

Thank you so much for the link.

[dukeandduchess 141]

Canadians enter under the Visa Waiver Program (VWP) not a B2 visa.

In regard to your question about the medical: answer honestly but don't volunteer information. I only responded (honestly) to any questions the doctor asked. If they notice the cut marks then explain that you had depression when you were younger but did not require treatment as you overcame it on your own.

You will need to pay for other things like the medical, which will cost at least a couple hundred dollars. I think the most expensive quote I had here in California was $600 ($275 being the cheapest). Hopefully it is cheaper where you live. You will also need to pay for a criminal record check and other minor costs.

Overstay is forgiven for spouses of USC's who file for AOS. My I-94 ran out in April 2012 and we did not file AOS until July 2012 and there was no problem with my overstay.

I'm not too sure about your other questions as filing from within the US is a different process. Best of luck!

[FelixTX 2]

Thank you.

I was told that the I-130 and the rest can be mailed together as long as there are separate cheques for each fee, is that correct? or does the 1-130 have to be mailed AT LEAST so your application is in process and you're allowed to stay in the states/not be deported while this is in process?

Thank you so much for the link.

The I-130 is only the petition, sending only the I-130 won't give you a legal stay. But the I-485 (with the I-130) does as soon as USCIS receives your application. You should plan on filing the I-130 concurrently with the I-485 (and then of course the applications for the AP and EAD if you "want")

I am not married yet, so I can only tell from what I heard, but usually it is fine to either send two seperate checks for the I-130 and the I-485 or one check for both, as long as the amount is correct.

Edited September 7, 2013 by FelixTX

[Harpa Timsah 13,258]

Canadians do NOT enter under the VWP. They enter under the terms of a B2 visa without having to apply for it. They get 6 months at a time while the VWP gets 90 days. Also, Canadians do not waive their rights to appeal like a VWP does. This is special just for Canadians.

As stated, there is no way to make things cheaper with this process. The I-130 by itself does not grant you any benefit or protect you from deportation (not deployment, that is what the military does). The I-485 is what allows you to stay and that rests on a I-130 being filed.

You could leave and chase down the CR-1 spousal visa process. That is cheaper than AOS.

All this immigration stuff costs money. There is not only the nearly $1500 fees right now, but there is a medical (around $200 but varies), and in 2 years you will have to pay another $600 for a process called Removal of Conditions. I might add that being married costs money. You will have to figure out health insurance as soon it will be mandatory to have it (and once you've been in the US for 6 months you lose your Canadian insurance, as I understand it).

People manage the costs, though. Best of luck.

Edited September 7, 2013 by Harpa Timsah

[Erica & L 50]

Thank you guys!!

Does anyone have any insight into the medical exam information/questions I posted? I realize I'm a bit ahead of myself but I want to call around to the Civil Surgeons in my area on Monday to see who might be cheaper (providing they can even give me an estimate over the phone) and I'm just trying to stay ahead of the game in general.

Thanks so much!

[sand_dancer 0]

Hey, Another same sex couple here. We are currently going through the process. I was here on the VWP and only decided to stay here after DOMA was Re-appealed as we finally had a way to stay together. I had the medical about 7 weeks ago here in Chicago it was $320 Which included all of the vaccinations I needed i technically didn't need any but the doctor told me i had to have all the ones i have already had again because its required by the USCIS. My medical went very smoothly she didn't really ask me many questions and just filled out her part of the forms. I asked if she needed my medical history/notes and she said no.

We too had problems saving the money up for the paperwork as we spent our savings trying to stay together going back and forth between here, Europe and the UK. We ended up having to take a loan out to cover it and the cost of going to NYC to get married. It all does work out though eventually. We have had a recent snag in our case but that will be sorted soon enough and we will be back on track until i get my green card.

i wish you all the luck when you are ready to file and hope everything goes smoothly.

[Erica & L 50]

Hey, Another same sex couple here. We are currently going through the process. I was here on the VWP and only decided to stay here after DOMA was Re-appealed as we finally had a way to stay together. I had the medical about 7 weeks ago here in Chicago it was $320 Which included all of the vaccinations I needed i technically didn't need any but the doctor told me i had to have all the ones i have already had again because its required by the USCIS. My medical went very smoothly she didn't really ask me many questions and just filled out her part of the forms. I asked if she needed my medical history/notes and she said no.

We too had problems saving the money up for the paperwork as we spent our savings trying to stay together going back and forth between here, Europe and the UK. We ended up having to take a loan out to cover it and the cost of going to NYC to get married. It all does work out though eventually. We have had a recent snag in our case but that will be sorted soon enough and we will be back on track until i get my green card.

i wish you all the luck when you are ready to file and hope everything goes smoothly.

Glad it is working out for you!

Yeah, the money saving is the hardest part. We have to spend around $300 just to go to Maryland to get married, it's the closest and the cheapest place to Alabama.

I've tried to create an accurate budget, but financially it's still a struggle on one income. Having to come all the way overseas just to get married, couldn't imagine.

Thanks for the insight!

[Mike Bowman 8]

The cost of this are going to eat you alive! If you live on a very low budget and on one income you will have a hard time saving in time before it's time to pay for something else. So far, with 5 trips to Ukraine from USA, engagement ring, visa paperwork, and sending money here and there I'm up to about $25,000. Yeah ...not cheap!

[britishdakota 18]

Canadians enter under the Visa Waiver Program (VWP) not a B2 visa.

Canadians do not enter under visa waiver program. Canadians do not require a visa to enter the USA although the status is effectively B1 or B2 depending on your purpose.