Filing for an adjustment of status from a B2 Visitor's visa to immigration / green card

[Jeremiah2849 0]

Hi guys, I'm a complete noob at all of this, so please forgive me if I ask a stupid question, post something in the wrong place, etc...

Here's my story. My wife and I got married in Shanghai, China in 2009. We both worked in the education field and made good money, bought our own house there, etc...

In 2012 my wife visited the U.S. for the first time (on a B-2 tourist Visa), met my family, etc... We went back to Shanghai and continued our life there.

This Christmas (2013) we came back to the U.S. again to spend the holidays with my family, again on a B-2 tourist visa. Unfortunately, while we were here, my grandmother became quite ill, and we decided to stay here in the U.S. to look after her.

Now I don't have a clue as to what to do, but I went online and found the following information, and hope some of you out there with more experience / better understanding can let me know if I'm on the right track, and/or what additional steps I need to take.

What I've learned:

If a spouse is in the U.S. on a visitor's visa, then he or she will have to apply for a change in status. To do this, the U.S. citizen would have to file an I-130 form, and the spouse would have to file an I-485 form. (Immigration law requires that the parties be married for at least two years.)

Is this all? What else should I do, and/or what else do I need to know? Sorry for the trouble, guys. I just want to make sure I do everything right.

[JohnR! 5,495]

She will need to apply for adjustment of status.

You can find the forms in this link: ---> http://www.visajourney.com/content/adjustmentforms

[tadli77 18]

I agree. You both need to apply for adjustment of status. I was on the same boat as you guys (foreigner married to a USC). Came here on a B2 and my husband did not want us to be separated anymore, so we filed together. Our first form was rejected (we forgot to fill in some vital information) and so we ended up hiring a lawyer to ensure everything went smoothly. It did. It's pretty straight forward now that I look back at it. Good luck and hope your grandmother gets better!

[visceraltext 2]

Hi There,

you need to file everything together ( easiest )

I-130 - Petition for alien relative

I-485 - Adjustment of Status

I-131 - advance parole ( to be able to leave to china if needed while your application processes)

I-765 - Employment authorization while your application processes

I-864 - affidavit of financial support

I-693 - medical/health check

Make sure you get all the documents to support the application and send the first time to ensure you don't delay with RFE ( request for evidence )

i would also get a social security number started for your SO, ASAP - it can take 3 months to process the applications.

Mine was similar and took 3 months from application received to GC receipt.

PS - if your marriage is real, and the scenario you describe is accurate, unless you don't feel like filing paperwork, you don't need a lawyer.

You can compile the information and file this on your own. It's not that hard

[Jeremiah2849 0]

Wow, thanks guys for the fast responses. I just want to clarify some of the points here to make sure I got everything right.

Things we need to file for the adjustment of status and apply for immigration/green card:

• I-130 - Petition for alien relative
• I-485 - Adjustment of Status
• I-131 - Advance parole (to be able to leave to China if needed while the application processes)
• I-765 - Employment authorization while the application processes
• I-864 - Affidavit of financial support
• I-693 - Medical/health check
• G-325A - Biographic Information for alien

Even though my wife doesn't need to travel outside the U.S. yet (Her B2 Visa is good until June 15th), and she isn't planning on working yet, do you guys think we should go ahead and do the I-131 and I-765 anyway, just in case?

Also, will they provide us with a list of supporting documents that will be requested for evidence? If not, what documents were you guys asked for, just so I know in advance?

Thanks again for the quick responses. It's a big relief to have someone to talk to about this stuff, instead of having to do it all alone and then worry that I missed something.

Take care guys,

~J

[Terry J 50]

Wow, thanks guys for the fast responses. I just want to clarify some of the points here to make sure I got everything right.

Things we need to file for the adjustment of status and apply for immigration/green card:

• I-130 - Petition for alien relative
• I-485 - Adjustment of Status
• I-131 - Advance parole (to be able to leave to China if needed while the application processes)
• I-765 - Employment authorization while the application processes
• I-864 - Affidavit of financial support
• I-693 - Medical/health check
• G-325A - Biographic Information for alien

Even though my wife doesn't need to travel outside the U.S. yet (Her B2 Visa is good until June 15th), and she isn't planning on working yet, do you guys think we should go ahead and do the I-131 and I-765 anyway, just in case?

Also, will they provide us with a list of supporting documents that will be requested for evidence? If not, what documents were you guys asked for, just so I know in advance?

Thanks again for the quick responses. It's a big relief to have someone to talk to about this stuff, instead of having to do it all alone and then worry that I missed something.

Take care guys,

~J

The cost of the I-131/I-765 is included in the I-485 filing fee so your wife should definitely file for both - both forms are pretty straightforward to complete.

You never know if a true emergency will come up and you wife may need to travel. Having the AP is essential in those times.

For the interview they will send you a list of documents that you're required to bring. Many also bring to the interview with them a copy of their entire

I-485/I-130 submission plus any new supporting proof of bona fide marriage.

[Harpa Timsah 13,258]

You are missing some minor forms. Follow this guide: http://www.visajourney.com/content/i130guide2

Like, you need a G-325A for the petitioner and 2 of them for the immigrant.

Do file I-765 and I-131 for emergencies. They are free. The I-765 will allow her to get a SSN and filly integrate into US life. (GC does this too but EAD comes faster).

[Jeremiah2849 0]

You are missing some minor forms. Follow this guide: http://www.visajourney.com/content/i130guide2

Like, you need a G-325A for the petitioner and 2 of them for the immigrant.

Do file I-765 and I-131 for emergencies. They are free. The I-765 will allow her to get a SSN and filly integrate into US life. (GC does this too but EAD comes faster).

Thanks Harpa, and everyone else. Sorry to keep bugging you guys, I just want to make sure I've got all this clear before doing anything else. Does this list of forms look right so far? Am I still missing anything?

• I-130 - Petition for alien relative
• I-485 - Adjustment of Status
• I-131 - Advance parole (to be able to leave to china if needed while your application processes)
• I-765 - Employment authorization while your application processes
• I-864 - Affidavit of financial support
• I-693 - Medical/health check
• G-325A - Biographic Information
• DS-230 - Application for Immigrant Visa and Alien Registration

Also, would we file all of these forms together, or in separate groups? And should we get all of my wife's medical tests done before we file? My apologies again, I'm just clueless about this, as we weren't planning beforehand to immigrate. Now I'm stuck trying to figure it all out on the fly.

P.S. When would we fill out N-400 - Application for Naturalization? I also noticed that one of the pages said Chinese citizens may need a GZ P-3 supplemental form? Any Chinese members out there who know about this?

Thanks again,

~J

Edited February 27, 2014 by Jeremiah2849

[Harpa Timsah 13,258]

Like I said, you need more of those forms.

You need to do the medical before you send the package in.

You send all the forms at once, to address listed in the instructions.

You should also be reading the instructions for each form, each form required evidence.

You do not need the DS form. Not sure how that got in there.

Study the VJ guide.

You won't be filing N400 for years. Ignore it for now.

[Jeremiah2849 0]

Hi guys, just wanted everyone to know that my wife received her green card in the mail last week. We used a Visa service, but I still wanted to thank everyone here who volunteered their time and advice. (If anyone wants the name of the service I used, just send me a PM. I don't want to put it here, in case people think I'm just a shill.)

Anyway, thanks again. Next stop, social security card!

[Azagarth 0]

Can you really not apply for aos if you have been married less than 2 years?

[Harpa Timsah 13,258]

Can you really not apply for aos if you have been married less than 2 years?

Please start your own thread with your question. This thread is from February.

[AnotherLostSoul 167]

That is bullcrap...you can file for AOS as soon as you get your marriage certificate that you can make a copy of for attaching it to the AOS package...

Can you really not apply for aos if you have been married less than 2 years?