AOS from B2 visa

[merc0230 28]

Hi everyone,

I have a couple of questions for my sister in law.

She came over on a visitor visa, met a boy, fell in love and they just got married on Wednesday. Now, she (and her daughter) need to do an AOS.

Preemptively, I will state there was no fraud when she entered the US, she didn't know her husband (USC) and I do know that legally she is able to do an AOS without going back to her home country.

I have been to the forms portal and noted all the forms they need to complete but my question is surrounding the I-130, I see mention (in the forums) of the I-130, but not on the forms portal, do they need to complete one?

Secondly, on Form I-485 question 2 (didn't make it very far ) does she check box h and simply write married to a USC while on tourist visa?

Thanks in advance,

[Boiler 46,284]

Extrememly common route and not an issue, she should just follow the guides and answer the questions truthfully.

[merc0230 28]

Extrememly common route and not an issue, she should just follow the guides and answer the questions truthfully.

Ah, the "Guides" tab, I completely overlooked that. Thanks!

[Georgia16 2,858]

Just curious. Doesn't she need a letter from the child's bio. father to immigrate and avoid kidnapping charges?

[merc0230 28]

Just curious. Doesn't she need a letter from the child's bio. father to immigrate and avoid kidnapping charges?

Hmm, Good question. I know she had to have permission from the child's father legally recorded in Costa Rica to take her out of the country (Costa Rica's requirement(s). That being said, the child's father will gladly give her any documentation required.

[Georgia16 2,858]

Hmm, Good question. I know she had to have permission from the child's father legally recorded in Costa Rica to take her out of the country (Costa Rica's requirement(s). That being said, the child's father will gladly give her any documentation required.

Then I would get a notarized letter stating that he allows her (the child) to immigrate permanently to us with her mother.

Edited November 27, 2015 by Georgia16

[Elf 146]

I have been to the forms portal and noted all the forms they need to complete but my question is surrounding the I-130, I see mention (in the forums) of the I-130, but not on the forms portal, do they need to complete one?

Secondly, on Form I-485 question 2 (didn't make it very far ) does she check box h and simply write married to a USC while on tourist visa?

In case you haven't already found it, here's the VJ guide to AOS for those who didn't enter on a K-1. Yes, the USC spouse needs to complete the I-130 and the I-864.

For the question in Part Two of the I-485, she should check the first option, "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)", because as the spouse of a USC a visa number will be immediately available for her, and she will be submitting the I-485 together with her USC spouse's I-130. I wish they'd rewrite the instruction in the parentheses to make it clearer that it applies to concurrent filing!

[merc0230 28]

In case you haven't already found it, here's the VJ guide to AOS for those who didn't enter on a K-1. Yes, the USC spouse needs to complete the I-130 and the I-864.

For the question in Part Two of the I-485, she should check the first option, "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)", because as the spouse of a USC a visa number will be immediately available for her, and she will be submitting the I-485 together with her USC spouse's I-130. I wish they'd rewrite the instruction in the parentheses to make it clearer that it applies to concurrent filing!

Thanks Elf. I had not. That helps even more.

[Yuri S 4]

Just curious. Doesn't she need a letter from the child's bio. father to immigrate and avoid kidnapping charges?

Good point, I think that is why this lady was arrested:

http://america.aljazeera.com/articles/2015/8/31/nan-hui-jo-abused-jailed-and-at-risk-of-deportation.html

[GandD 5,966]

One post and one quoting removed for violating this stipulation of VJ's TOS:

Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

Post constructively towards the question asked or don't post.

[merc0230 28]

Good point, I think that is why this lady was arrested:

http://america.aljazeera.com/articles/2015/8/31/nan-hui-jo-abused-jailed-and-at-risk-of-deportation.html

Thanks, but I don't see any correlation between the 2.