Applying for adjustment of status while visiting hubby in the States.

[Harpa Timsah 13,258]

Yep i can see that now, I have no idea where to begin. Have you done this? Thanks for persisting. To file it, do I need to have the medical and everything complete? or do I file bit by bit?

You should take a gander in the VJ guides for spouse inside the US and also at the AOS from work, tourist, student visa forum.

AOS is misunderstood and posting in the wrong forum usually starts a storm of confusion.

You will prepare a I-485 package and send it off with the copy of your NOA1 from the I-130. The package includes all forms and everything, many forms. You will need to do a medical exam beforehand. You can do it now even. You will send the results of the exam in with the I-485 (the medical exam results will be in a sealed envelope the doctor gives you, do not open it). You file everything complete now.

[Ryan H 3,810]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas.

[inlovesalem 17]

OP, I entered on a B2 visa, with what was suppose to be a two week stay over the Holidays last year...without going into the whole story again, I ended up staying until my B2 expired and married that day. We filed concurrently (I-130, I-485, AP and EAD) in September almost 3 months after my B2 expired.
When I came on here, looking for advice, I got scared as everyone was spewing bullcrap FRAUD to me, without even knowing my story or why I filed concurrently and "didn't go back to my own country and file Cr1 like they all did".
There are a lot of haters on here for concurrent filing..some possibly with REAL reasonings to, most others just because everyone else does and they want to follow the herd.. AGAIN I am not condoning the real fraudulent cases, as we all know some people do only marry for the green card and not out of love. But hell people give others the benefit of the doubt before ASSUMING...

Edited November 13, 2013 by inlovesalem

[Boiler 44,855]

OP, I entered on a B2 visa, with what was suppose to be a two week stay over the Holidays last year...without going into the whole story again, I ended up staying until my B2 expired and married that day. We filed concurrently (I-130, I-485, AP and EAD) in September almost 3 months after my B2 expired.

When I came on here, looking for advice, I got scared as everyone was spewing bullcrap FRAUD to me, without even knowing my story or why I filed concurrently and "didn't go back to my own country and file Cr1 like they all did".

There are a lot of haters on here for concurrent filing..some possibly with REAL reasonings to, most others just because everyone else does and they want to follow the herd.. AGAIN I am not condoning the real fraudulent cases, as we all know some people do only marry for the green card and not out of love. But hell people give others the benefit of the doubt before ASSUMING...

What gets me is not the Poster on here who did not know, but I have seen this ####### repeated time and time again by the same people who keep on doing it even though they know better.

[inlovesalem 17]

What gets me is not the Poster on here who did not know, but I have seen this ####### repeated time and time again by the same people who keep on doing it even though they know better.

Oh I don't disagree with you at all. I try not to get involved and will usually keep my mouth shut when it's very obvious what some are up to. Just when I can kind of relate and can tell they are just genuinely curious about how to go about adjusting, and quite obvious OP had no idea ####### to do with all the different info they are given, I'm not just going to stand by and not say my two cents worth..LOL..

[dwheels76 5,466]

If what you said was 100% right, there would not be immigrant visas.

Sure there would. Remember most people that can even AOS are VWP or ESTA folk. The rest of us don't even get a shot. So yes immigration Visas would still be asroumd even if all Visitir Visa folk filed AOS.

[angeldaemon13 42]

Part A. It must be an approved I-130.

B part means in conjunction with an I-130, concurrently.

[Gia2577 12]

You should take a gander in the VJ guides for spouse inside the US and also at the AOS from work, tourist, student visa forum.

AOS is misunderstood and posting in the wrong forum usually starts a storm of confusion.

You will prepare a I-485 package and send it off with the copy of your NOA1 from the I-130. The package includes all forms and everything, many forms. You will need to do a medical exam beforehand. You can do it now even. You will send the results of the exam in with the I-485 (the medical exam results will be in a sealed envelope the doctor gives you, do not open it). You file everything complete now.

Yes I can see that someone has moved it, not sure where else it would be filed really as its in relation to my i-130. Anyway yes I guess if I want to go ahead I need to do a lot and I don't have time on my side, my vwp expires in two weeks. I need to get my birth certificate which got lost in the move and olive clearances from Aus and dubai.. and I think leaving the country and coming back and applying might not be a good idea.

[Teddy B 17,251]

Yes I can see that someone has moved it, not sure where else it would be filed really as its in relation to my i-130. Anyway yes I guess if I want to go ahead I need to do a lot and I don't have time on my side, my vwp expires in two weeks. I need to get my birth certificate which got lost in the move and olive clearances from Aus and dubai.. and I think leaving the country and coming back and applying might not be a good idea.

Your VWP expiring is not a big deal. Overstay is forgiven with marriage to a USC.

[Harpa Timsah 13,258]

Yes I can see that someone has moved it, not sure where else it would be filed really as its in relation to my i-130. Anyway yes I guess if I want to go ahead I need to do a lot and I don't have time on my side, my vwp expires in two weeks. I need to get my birth certificate which got lost in the move and olive clearances from Aus and dubai.. and I think leaving the country and coming back and applying might not be a good idea.

You do not need police certs for AOS, and no, you should not leave. If you come back with the intent to AOS, that is fraud. If you do it now, when you didn't have that intent on entry, you are okay. This is your chance.

You will need your BC though.

[Gia2577 12]

You do not need police certs for AOS, and no, you should not leave. If you come back with the intent to AOS, that is fraud. If you do it now, when you didn't have that intent on entry, you are okay. This is your chance.

You will need your BC though.

Really oh my god Harpa you're amazing!!! Are you a lawyer or something? Yes I know I can't leave as coming back would defeat the whole purpose whereas right now there was no intent, have thought about that already. And i don't need police clearance?? I applied for ,my police clearance for both dubai and Australia back in march thinking I would need them soon for my interview, they expired 3 months later. Why is it not needed for AOS?

[Gia2577 12]

Your VWP expiring is not a big deal. Overstay is forgiven with marriage to a USC.

I misunderstand things so easily, i thought if you apply for AOS and your visa expires you have to then pay a fine? or apply for a waiver or apply for something?? Am I dreaming this…not sure now where I may have seen this. Maybe the lady at USCIS told me this…. in fact she might have said pits ok to leave and come back and do it..which will piss off a few people. Not that I want to do that.

[Teddy B 17,251]

I misunderstand things so easily, i thought if you apply for AOS and your visa expires you have to then pay a fine? or apply for a waiver or apply for something?? Am I dreaming this…not sure now where I may have seen this. Maybe the lady at USCIS told me this…. in fact she might have said pits ok to leave and come back and do it..which will piss off a few people. Not that I want to do that.

No fines, no waivers, nothing else to apply for. There are folks on this board who have been approved AOS with years of overstay. It is forgiven with marriage to a USC. As Harpa stated, just make sure you do not leave the US until you have your greencard in your hands.

[captal 2]

Keep calm. Breathe. Do not leave the US and you will be fine.

[Harpa Timsah 13,258]

Really oh my god Harpa you're amazing!!! Are you a lawyer or something? Yes I know I can't leave as coming back would defeat the whole purpose whereas right now there was no intent, have thought about that already. And i don't need police clearance?? I applied for ,my police clearance for both dubai and Australia back in march thinking I would need them soon for my interview, they expired 3 months later. Why is it not needed for AOS?

No police clearance needed for AOS. Why not? I am not sure, I think it has something to do with jurisdiction. Since you are in the US you will get your fingerprints taken and they will do their own background checks on you.

I misunderstand things so easily, i thought if you apply for AOS and your visa expires you have to then pay a fine? or apply for a waiver or apply for something?? Am I dreaming this…not sure now where I may have seen this. Maybe the lady at USCIS told me this…. in fact she might have said pits ok to leave and come back and do it..which will piss off a few people. Not that I want to do that.

Overstay is irrelevant for spouses of USCs who adjust in-country. You will not have to pay any extra fine.

Study this guide: http://www.visajourney.com/content/i130guide2

It is set up into two parts, the I-130 part and the I-485 part. You did the I-130 part already, so skip that, do the I-485 part. When it is all put together, send I-485 package (which is many forms) with a copy of NOA1 from I-130.

I will tell you right now you do not need I-485 supplement A or I-601 as listed in the guide as "if required." They are not required for you.

Edited November 13, 2013 by Harpa Timsah