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

[Gia2577 12]

I paid the extra for "overnight" (yea ok whatever) delivery of my BC from Canada.... Cost me 50 bucks for the shipping....for nothing, ended up being first piece of the puzzle we had and waited and waited for all the local stuff to come in...LOL...anyhow, may want to look at asking for "overnight" shipping you may get it within a few days

Ok, well I did ask my brother to enquire a month or so ago when I first realised we had lost/misplaced it. Its the one thing i really protected the 9 years we were in Dubai and then we get here and realise its gone, disappeared! I asked my brother to look in for me in Melbourne where I am from and was born and they said I need to be there to get it. I dunno but bc I thought I would be going back to Oz I never bothered to look into it further thinking I would do it there. Now I have round the Australian consulate and they say i need to contact the brith deaths marriages registry there tonight and that it is possible…Im sure it is just a headache!

[Harpa Timsah 13,258]

Thanks Harpa!

Can i ask do you know the time frame of the i-485 process?? I saw somewhere that i can't find now the different things to expect and the time frames to expect them once you have filed the i-485, such as when you get employment authorisation and etc etc. Thats a big issue for us as I really need to work to support my husband and our household it has been scary not working all this time.

Also worst case scenario that deny the adjustment for whatever bloody reason, what would happen, i would just have to leave and wait it out in my country?? Just want to know all the facts.

Timeframe? 3-6 months for GC.

Expect 90 days for the EAD to be approved.

If you have a real marriage, if you entered legally, if you are not a criminal, and if you have a suitable sponsor for the I-864, then you will not be denied.

[inlovesalem 17]

EAD and AP usually take around 3 months... Some other September filers who didn't have RFE like I did, have interviews this and next month.

Not sure about the I-485 alone...possibly 4-5 months? actually some have interviews before their EAD card has gone into production, so..

(yea I know you didn't ask me, but I'm laid up and bored..buaha)

[angeldaemon13 42]

Please don't quote old and outdated information from other websites. What you have posted is completely wrong, and has been for a while.

I posted it as a reference to help. It seems to solidify your answers to Gia. Sorry and excuse me.

[Gia2577 12]

EAD and AP usually take around 3 months... Some other September filers who didn't have RFE like I did, have interviews this and next month.

Not sure about the I-485 alone...possibly 4-5 months? actually some have interviews before their EAD card has gone into production, so..

(yea I know you didn't ask me, but I'm laid up and bored..buaha)

haha thats ok all info welcome.. I guess I'm asking for i-1485 alone, basically i want to be able to work more than anything really. so thats probably more my question..

Timeframe? 3-6 months for GC.

Expect 90 days for the EAD to be approved.

If you have a real marriage, if you entered legally, if you are not a criminal, and if you have a suitable sponsor for the I-864, then you will not be denied.

see above mainly I need to work. And yes I can't see a reason was just thiknign of worst case scenario but really it won't apply..

On another note I got in touch with my friends immigration lawyer over email but he charges 250 for consult and not sure I will learn anything new during it he wants to see me tomorrow and can't really afford to retain one. Do you think this is totally doable on our own as we have done everything on our own so far..

[Gia2577 12]

I posted it as a reference to help. It seems to solidify your answers to Gia. Sorry and excuse me.

Its ok Angel I think we got confused bc it said that you can only apply within the VWP period and not overstay it, and mine is up in lease then 2 weeks and I'm worried about not making the cutoff..

[Harpa Timsah 13,258]

haha thats ok all info welcome.. I guess I'm asking for i-1485 alone, basically i want to be able to work more than anything really. so thats probably more my question..

see above mainly I need to work. And yes I can't see a reason was just thiknign of worst case scenario but really it won't apply..

On another note I got in touch with my friends immigration lawyer over email but he charges 250 for consult and not sure I will learn anything new during it he wants to see me tomorrow and can't really afford to retain one. Do you think this is totally doable on our own as we have done everything on our own so far..

I did this all on m own, before finding VJ and without a lawyer. No RFEs. All you need to know is in the instructions. If you can read and follow instructions, then you can do it. VJ helps you by giving you the list of forms.

[Gia2577 12]

I did this all on m own, before finding VJ and without a lawyer. No RFEs. All you need to know is in the instructions. If you can read and follow instructions, then you can do it. VJ helps you by giving you the list of forms.

OK, I think you are right as we did everything so far on our own and thought the lawyer route by be a waste of money for our situation as its pretty straightforward. I contacted him a while ago today when I was worried about the overstay (if it comes to that )which was my bigger concern and must admit still scares me. I think I can do it all as I have the pack here and its pretty much, just a medical, affidavit of supports (I'm filing one for my father in law as we are only just settling in and his financial background is a btter back up), application for ead, biographic forms, photos, and i-131 for travel. Thats the lot and we can handle that.

[inlovesalem 17]

Hmmm I was able to apply for my BC online and chose the overnight express option.. I came here not expecting to stay, so ALL my docs were left in Canada, was real fun having my mother look through the boxes she packed for me looking for my divorce papers..LOL took her forever, bless her!

[Juan Bravo 14]

yeah i know, what she said though was that whatever visa you came in on, not necessarily visa waiver. I think I might just ask an immigration lawyer about all this to be sure what we were told today..

I'm in a similar situation...so to make sure I got everything right I hired an immigration lawyer.... My husband (lives in Sydney) and I got married here in the US and for a time he was going back and fourth on the visa waiver (ESTA visa)... (we've been married now over two years)....we have since filed the I-130 in Sept but at the time he was in Sydney .... so the lawyer advised for him not to come back into the country until everything is approved on the I-130, IR-1 Visa BECAUSE... if he comes into the country now... has a reason to stay and that would be illegal for him to come in and attempt to stay for immigration purposes to adjust his status... in addition, at the point of entry, the immigration officers job would be to send him back to Australia. Of course, she said it is possible to visit on an ESTA visa, BUT it would require much documentation to guarantee he would be going back to Australia.... AND, even then, he could still be denied entry. Not nice to chance being sent back after a 15 hr flight!! Needless to say, we are prepared to stay apart for many months according to the current timeliness of processing.

[Boiler 45,399]

I'm in a similar situation...so to make sure I got everything right I hired an immigration lawyer.... My husband (lives in Sydney) and I got married here in the US and for a time he was going back and fourth on the visa waiver (ESTA visa)... (we've been married now over two years)....we have since filed the I-130 in Sept but at the time he was in Sydney .... so the lawyer advised for him not to come back into the country until everything is approved on the I-130, IR-1 Visa BECAUSE... if he comes into the country now... has a reason to stay and that would be illegal for him to come in and attempt to stay for immigration purposes to adjust his status... in addition, at the point of entry, the immigration officers job would be to send him back to Australia. Of course, she said it is possible to visit on an ESTA visa, BUT it would require much documentation to guarantee he would be going back to Australia.... AND, even then, he could still be denied entry. Not nice to chance being sent back after a 15 hr flight!! Needless to say, we are prepared to stay apart for many months according to the current timeliness of processing.

Classic reason for this site when you are dealing with lawyers with seemingly little knowledge.

[Gia2577 12]

I'm in a similar situation...so to make sure I got everything right I hired an immigration lawyer.... My husband (lives in Sydney) and I got married here in the US and for a time he was going back and fourth on the visa waiver (ESTA visa)... (we've been married now over two years)....we have since filed the I-130 in Sept but at the time he was in Sydney .... so the lawyer advised for him not to come back into the country until everything is approved on the I-130, IR-1 Visa BECAUSE... if he comes into the country now... has a reason to stay and that would be illegal for him to come in and attempt to stay for immigration purposes to adjust his status... in addition, at the point of entry, the immigration officers job would be to send him back to Australia. Of course, she said it is possible to visit on an ESTA visa, BUT it would require much documentation to guarantee he would be going back to Australia.... AND, even then, he could still be denied entry. Not nice to chance being sent back after a 15 hr flight!! Needless to say, we are prepared to stay apart for many months according to the current timeliness of processing.

Your lawyer told you this?! I can't see any reason why he cannot visit you?? We lived in Dubai, got married in Colorado went back to dubai and then filed the i-130 and i-129f and then my husband moved to the US in July and i came over on VWP, then flew to Oz to see my family for a month then came bad with him for a week here and then went to dubai for a job for ten days and then came back end of August and have been here ever since waiting for any notice during my 90 days that i would be approved in which then i would have to go to oz and wait for the interview etc etc. However that didn't come thru yet so I went with my husband to an info pass appt yesterday and thats where i learned of adjustment of status.

First of all your husband as an Australian has no problem coming in and out of the US on the VWP to visit you, I'm not sure why she said it was a problem, its not and people on this thread and forum have been doing that. Secondly if like in my case he came over and got fed up with the whole waiting game and found out he could adjust (just like I have just now) then he could. Again not sure what your lawyer is referring to. I mean our USCIS officer pretty much told us straight up yesterday that i should have come in in JULY with my husband got married and apply for adjustment that it would have been better than what i did. ( A lot of people here have a problem with that) so yeah I don't know but maybe you should get another lawyer for a second opinion on your case. Its sounds bizarre.

[Gia2577 12]

I think your lawyer is not clear in her advice, he can definitely keep visiting you on VWP, in fact we filed and then I came in so did I not have a reason to stay??? I did but the plan wasn't to, it was just to spend time with my husband and hope that we would hear soon about an approval before going back to Australia to complete it.

[David & Diana R 1,005]

Wow!

[Juan Bravo 14]

Your lawyer told you this?! I can't see any reason why he cannot visit you?? We lived in Dubai, got married in Colorado went back to dubai and then filed the i-130 and i-129f and then my husband moved to the US in July and i came over on VWP, then flew to Oz to see my family for a month then came bad with him for a week here and then went to dubai for a job for ten days and then came back end of August and have been here ever since waiting for any notice during my 90 days that i would be approved in which then i would have to go to oz and wait for the interview etc etc. However that didn't come thru yet so I went with my husband to an info pass appt yesterday and thats where i learned of adjustment of status.

First of all your husband as an Australian has no problem coming in and out of the US on the VWP to visit you, I'm not sure why she said it was a problem, its not and people on this thread and forum have been doing that. Secondly if like in my case he came over and got fed up with the whole waiting game and found out he could adjust (just like I have just now) then he could. Again not sure what your lawyer is referring to. I mean our USCIS officer pretty much told us straight up yesterday that i should have come in in JULY with my husband got married and apply for adjustment that it would have been better than what i did. ( A lot of people here have a problem with that) so yeah I don't know but maybe you should get another lawyer for a second opinion on your case. Its sounds bizarre.

Actually the reason I hired a lawyer just to make sure we got everything right... (and believe me I have experience dealing with immigration (I finally became US citizen in 2011 after many years)... was because my husband was almost denied entry on the ESTA visa... (this was before we filed the I-130... because the officer said that he could come in and just STAY since we were married...and that WOULD be illegal.... anyway, what it comes down to is this... the officer has the final say and whatever he determines goes... another example..... my best friend married his wife in Germany, applied for I-130 CR-1 Visa... his wife flew from Frankfurt to New York for a visit (she was going back)... but she made the mistake of bringing personal things with her like wedding album, house things, etc... to get a head start on the eventual move... the officer told her that she had an "intent to stay"... even though they were married and had already filed the I-130.... she was put on the next plane back to Frankfurt at their expense.... that's what happened.... they hired a lawyer and she told them the same thing my lawyer did.... that the officer may or may not believe you are here "just to visit" on a visa waiver... and so if you are lucky and get a nice officer...no problem, but if you don't you'll be on the next plane back.... I already went through this with our lawyer. In fact, the last time I saw my husband was in Mexico...so we could see each other there.... because she said any time you enter you COULD have a problem....

I'm not an expert by any means... I have just been witness to many of these problems and don't want anybody to have to go through that. All my lawyer did was confirm what I have seen over the years in immigration cases.

Edited November 13, 2013 by Juan Bravo