Help with filing AOS from visa waiver

[Jeep 0]

Hey all,

sorry for the list of questions, but were trying to figure this out, and the list keeps on growing, so i hope you can help us.

My wife came here on a visa waiver. We got married on feb. 10 in Vegas, something we both didnt intend. We read now that she can stay here if we do an AOS?

I got a list of the papers we need to file from a website, and i want to make sure they are correct:

1: I-130 (Petition for Alien Relative)

2: G-325A (Biographic Information)

3: I-485 (Application to RegisterPermanent Residence or Adjust Status)

4: I-864 (Affidavit of SupportUnder Section 213A of the Act)

*Is this correct? Do we need to file this all at once? Are we missing something?

*I understand that as soon as we file everything we need to get her a medical exam. The papers she receives from that we need to bring to the interview, correct?

*Do we need to file the papers under her "new" last name, or her maiden name?

Because there is no K1 involved its kind of a maze to find the way to find the right papers, route ect. Thanks all for your help!

[wannabe_texan 0]

Congratulations on your marriage

You might want to consider adding EAD (interim employment authorization) and AP (advance parole so she can travel) since the wait for AOS can sometimes be short, and sometimes very long.

Also make sure that you keep her plane ticket home etc, as evidence that she didn't come here intentionally to immigrate. You might get some questions around this - there are other threads about this recently so have a search around. She should not leave the country if you file AOS and she hasn't received AP.

If she does the medical here, the Dr. will give you a sealed envelope that you mustn't open, and should include with your AOS packet.

You can file the papers under whichever name she's going to use in the future - whatever you put on the I485 will be on her greencard.

You'll also need a bunch of passport pics each. I think its maybe 6 for her (if you do EAD and AP too) and 2 for you. But always check for new guidelines on the USCIS site. It's your friend

Double, triple, quadruple check the fees Make sure you have the most recent forms from USCIS site.

And do read the guides here on VJ and everything on the USCIS site with regards to becoming a permanent resident through family.

Hope this helps, and good luck

Edited February 18, 2007 by wannabe_texan

[Killer_Clown_2009 0]

Yep those are the forms.

If she wants to work or travel (before she gets her greencard) you may consider applying for an AP/or EAD too.

The medical should be completed and sent in with your applications, if you don't send it, they will request it and it will delay the processing of your application.

Edited February 18, 2007 by jane2005

[Jeep 0]

Thanks for your answer and congratulations

So we need to get a medical before we file the papers?

She came here on december 14, her ticket back is for march 9th, according to the waiver she can stay untill march 14. Will it be a problem if the papers get filed a little bit later then that because of the medical exam?

She had all her shots as a child in Holland, do we need to ask her docter to write a letter for that? So that she doesn't need shots anymore? (shes afraid of needles and freaking out about this hahaha!)

Sorry for all the questions

[wannabe_texan 0]

Yes, you should really try to get the medical done before you file. If you can get the vaccination records from Holland, then do so, and show them to the Dr. here who will need to transcribe them to the sheet. Obviously you might need a translation too, though I know almost everyone speaks great English there.

I would try really, really hard (and this is just my advice and opinion - I'm no lawyer), to get the papers filed before March 14. Any overstay should/will be forgiven in the case of marriage to a USC, but if you can get it done by then - all the better. Again that's my opinion, and there are others who have waited a long time to do AOS had no issues.

You'll need your tax returns or other proofs for your affadavit of support, divorce decrees (if applicable) for your AOS packet.

You'll want to apply for a certified copy of your marriage license/abstract from Clark County in Vegas (and that can take some time to come) before your interview (not needed for the AOS forms).

Best wishes

[wannabe_texan 0]

BTW you will be probably be interested in this thread . I'm linking to the thread since its pertinent to your case, and not because I mean any judgment or anything like that; its just so you know there is a risk, though people on this forum have done it before. Warmest wishes to you both - and sorry you even have to consider this stuff at a time when it should be your honeymoon (F)

[Jeep 0]

BTW you will be probably be interested in this thread . I'm linking to the thread since its pertinent to your case, and not because I mean any judgment or anything like that; its just so you know there is a risk, though people on this forum have done it before. Warmest wishes to you both - and sorry you even have to consider this stuff at a time when it should be your honeymoon (F)

Thank you for the link.

We had no intentions to get married here, quite the opposite, we talked about it before, and looked into the DCF route. For her it was important to get married in the Netherlands so her family could be a part of it... I guess we have to do the whole thing over in Holland to make it up to her family now

When I proposed I had the K3 in my head, or even me given up my job here and move to the Netherlands, but after a tip from a friend of mine, who is a laywer, we started to look into adjusting status last wednesday.

I hope everything will work out for us, thank you for your concerns!

[wannabe_texan 0]

Yes you can absolutely file AOS and she can stay here while processing (you'll want to schedule your 'big' wedding for after you have AP or your GC), I was just trying to make sure you were aware there was some 'risk', but then there is with almost everything to do with immigration it seems.

Best wishes for your journey ahead .

(And last tip of the day - get a joint bank account together asap, and other proof of relationship evidences, joint utilities, health insurance, life insurance etc as soon as you can, these are helpful in the interview. For the bank account, she might need to apply for an ITIN from the IRS). Enough already Most importantly - have fun with each other

[meauxna 15]

ITIN can only be applied for in a federal tax return.. no go for banking anymore.

She will not be able to get a social security account or most US ID until she has her EAD (work permit) or Green Card.

[Kez/JWolf 6]

She should not leave the US until she has her greencard... so no point in applying for AP because anyone who came on a VWP has given up their right to appeal and she can be denied re-entry to the US even with AP....

Send off your AOS forms as soon as you have then ready do not wait for the medical you will get a RFE for the medical papers but by then you will have them in a sealed envelope ready to send... as soon as she gets EAD go get her a SSN .... dont worry too much about getting joint accounts and other evidence you can gather that as the weeks pass...

I did exactly what you are doing and I have had my greencard for 1 year 3 months.... dont worry about all the scare stories you hear most are not true.....

If you have any questions please feel free to contact me...

Kez

[duluxdog 0]

Also remember that the medical has to be carried out by a Designated Civil Surgeon as recognised by USCIS. Go to the USCIS website where you will find a link to a list of Civil Surgeons nearest to your home. She may also need additional vaccinations as required for residence, (look into this also). Congratulations on your wedding and good luck......

ps, bet theres no chance of you forgetting your wedding anniversaries..lol.