Wisa Waiver, Marriage, Overstay and AoS

[Joe47 0]

I am looking at the Step-by-Step guide now, but I am still not sure which forms I/we really need. Since I am already in the US and we got married we need the I-485 or do we need the I-130 too?

[newacct 688]

I am looking at the Step-by-Step guide now, but I am still not sure which forms I/we really need. Since I am already in the US and we got married we need the I-485 or do we need the I-130 too?

I-130 and I-485

[Darnell 8,478]

I am looking at the Step-by-Step guide now, but I am still not sure which forms I/we really need. Since I am already in the US and we got married we need the I-485 or do we need the I-130 too?

restudy post #3,

as

it contains a direct link to the exact guide that you should be using.

[KayDeeCee 4,893]

I am looking at the Step-by-Step guide now, but I am still not sure which forms I/we really need. Since I am already in the US and we got married we need the I-485 or do we need the I-130 too?

The guide I linked in post #3 clearly talks about the I-130 and even lists what documents are required for it. Then you scroll down and see the requirements for the I-485 and what other forms you need, all in the same guide. > Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

[CougarTown 0]

I have some more questions. We are still waiting for the offical marriage paperwork. I just wanted to ask how it is in the mean time? If, and I mean it never happened before in two 90 days stays, if I get carded by an police officer, what happens if they run my name or my ID or look in my passport?

I wouldn't worry. I got pulled a few months back with my husband as passenger. For whatever reason, they asked for his ID (which is odd, since I have never seen a passenger get carded... I suppose just racial profiling). He left his [expired] passport at home, told them he had no valid ID, and started to pull out the marriage certificate. They said "no worries, we don't need all that, just write down your full name". All was fine and they were back a few minutes later to let us leave. They did ask where he was from though, which again is odd.

[Joe47 0]

Quick question:

Question 21 on I 130 GIve last adress in which you lived together.

What should I put there. I stayed with my then girlfriend parents as a guest so I am not 100% sure.

We intend to stay there until I can legaly work.

[Joe47 0]

Sorry that I have another question. I looked at the I 485 form "how to" and it said that I am not eligible for the adjustment of status. I got so much conflicting information. I am just worried, so is my wife.

[newacct 688]

Sorry that I have another question. I looked at the I 485 form "how to" and it said that I am not eligible for the adjustment of status. I got so much conflicting information. I am just worried, so is my wife.

You ARE eligible for Adjustment of Status. Sometimes these instructions are not clear.

[KayDeeCee 4,893]

Quick question:

Question 21 on I 130 GIve last adress in which you lived together.

What should I put there. I stayed with my then girlfriend parents as a guest so I am not 100% sure.

We intend to stay there until I can legaly work.

You list the address where you live together, which seems to be your in-law's house.

Sorry that I have another question. I looked at the I 485 form "how to" and it said that I am not eligible for the adjustment of status. I got so much conflicting information. I am just worried, so is my wife.

Where does it state you are not eligible?

The I-485 instructions >http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Who May File Form I-485?

You may apply to adjust your status if:

...

B. You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

From the USCIS website >http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Bringing Spouses to Live in the United States as Permanent Residents

You are a: U.S. citizen

Your spouse is: Inside the United States (through lawful admission or parole)

How to Apply: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

The US Code > https://www.law.cornell.edu/uscode/text/8/1255

8 U.S. Code § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa

The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

[Joe47 0]

In the I-485 instructions it says:

"You are not eligible for adjustment of staus if any of the following apply to you"

And number 4 says:

"Your authorized stay expired before you filed this application"

[newacct 688]

In the I-485 instructions it says:

"You are not eligible for adjustment of staus if any of the following apply to you"

And number 4 says:

"Your authorized stay expired before you filed this application"

That item, as written in the instructions, is simply wrong.

There is no ineligibility for "authorized stay expired" in the law. There is only an ineligiblity for failing to maintain status (of which expired authorized stay is a subcategory), but that does not apply to Immediate Relatives. The instructions does mention failing to maintain status in as item number 6 in the ineligibilities, and does mention that it does not apply to Immediate Relatives. I don't know why whoever wrote these instructions felt the need to add an additional item for "authorized stay expired", when it's already covered. Maybe they thought they were helping by being more specific. But by failing to note that it does not apply to Immediate Relatives, they made it wrong.

The same thing is true for unauthorized employment (item number 5); it also is a subcategory of failing to maintain status, and also does not apply to Immediate Relatives, but the instructions do not note this.

Edited August 28, 2015 by newacct

[Joe47 0]

Thank you so much! That will make us sleep easier until we get the process going.

Another question, we filled out I-130 and printed it out but, I do not know, the format was kinda messed up. There are chunks missing in the form.

We tried a few things, like printing it out without filling it out, cleaning the printer, printing out ohter forms and printing out completely diffrent things. That worked, so we know it is not the printer. Has something to do with the forms. I blame the government. Has anyone else had this problem? Or any idea?

[KayDeeCee 4,893]

In the I-485 instructions it says:

"You are not eligible for adjustment of staus if any of the following apply to you"

And number 4 says:

"Your authorized stay expired before you filed this application"

Maintaining status is not a requirement to file for adjustment as the spouse of a USC > http://www.uscis.gov.../i-485instr.pdf

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

A. An immediate relative of a U.S. citizen (parent,

spouse, widow, widower, or unmarried child under 21

years old);

Edited August 28, 2015 by KayDeeCee

[Joe47 0]

Thank you KayDeeCee, I guess keep reading helsp sometimes.

I have a few more questions. My wife and I went and printed out the paperwork, 42 (!!!) pages, we started filling it out.

On the Affidavit of Support...since we life, for now, with my inlaws, for free. Do they have to fill something out too?

And I am guessing I do not have a USCIS Elis Account Number?

And the I29F Form. It always talks about the fiance, which I am not. Just making sure again if we have to fill that out.

And question 15F Travel document number. Since I am on a Waiver I do not have a "real" visa hence no number. What should we put there?

Question 34 How did we meet, means how did we get to know each other? Not when we first met in person right?

Then on 36a they ask where I will be applying for a visa...what to put there? This again makes me wonder about this form.

And qestion 4 on part 3 what should we put there?

Sorry about all the qestions. We just don't want to give wrong information and get denied.

[KayDeeCee 4,893]

Thank you KayDeeCee, I guess keep reading helsp sometimes.

I have a few more questions. My wife and I went and printed out the paperwork, 42 (!!!) pages, we started filling it out.

On the Affidavit of Support...since we life, for now, with my inlaws, for free. Do they have to fill something out too?

And I am guessing I do not have a USCIS Elis Account Number?

And the I29F Form. It always talks about the fiance, which I am not. Just making sure again if we have to fill that out.

And question 15F Travel document number. Since I am on a Waiver I do not have a "real" visa hence no number. What should we put there?

Question 34 How did we meet, means how did we get to know each other? Not when we first met in person right?

Then on 36a they ask where I will be applying for a visa...what to put there? This again makes me wonder about this form.

And qestion 4 on part 3 what should we put there?

Sorry about all the qestions. We just don't want to give wrong information and get denied.

If the USC petitioner meets the income requirements, then no need for anyone else to file something too. If they do not meet the requirement, then they will need a joint sponsor for the I-864 and the parents can fill out the forms for that.

You do not need an ELIS account to pay an immigrant fee. That is for those entering the US with an immigrant visa. You are not applying for a visa, as you are already in the US.

Where in the instructions did you see anything about filing the I-129F petition? You are filing the I-130 petition along with the I-485 and its supporting forms and documents, the I-765 and I-131. The I-129F is a petition to file for a fiance(e) that is living abroad so they can obtain a K-1 visa to enter the US and marry. Again, you are already in the US. You are not filing for any type of visa. You are filing for permanent residency.

Go through the guide(it lists everything you need) and the I-485/I-864/I-693/I-765/I-131 instructions once more.

http://www.visajourney.com/content/i130guide2