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KJ2010

J1 adjustment of status in love and want to be together for good

By KJ2010 in Adjustment of Status from Work, Student, & Tourist Visas

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KJ2010 Newbie

KJ2010   0

Posted
Filed: J-1 Visa Country: United Kingdom
 Timeline
Posted

British citizen currently on a J-1 visa that does not require me to return home for 2 years. We are a husband and wife just trying to stay together. Can we apply for an adjustment of status while he is still in America? Or must we apply for both I-130 and I-485? Also visa allows him to stay until October 2nd? Can he stay while everything is pending?

Thank you so much for your help!

Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

You have to apply for I-130 & I-1485 together

read the guide here

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

Once the AOS petition has been accepted and the NOA1 been issued, the applicant / beneficiary is legally present in the US pending the adjudication of his or her AOS application.

Done with K1, AOS and ROC

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

You must apply for both the I-130 and I-485. The I-130 forms the basis of his adjustment of his status: immediate relative of a USC. Here's a guide here on everything you'll need: http://www.visajourney.com/content/i130guide2

Yes, he must stay in the US while his I-485 is pending. If he leaves without travel authorization, then the adjustment of status petition will be deemed abandoned.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Nope, no need to file an extension. His overstay will be forgiven since he's an immediate relative of a USC.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

KJ2010 Newbie

KJ2010   0

Posted
Filed: J-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

You are fantastic. Thank you so much. This has been such a hard process to understand.

Now how soon after would the I-765 be proccessed for him? He has a possible job opportunity but we want to make sure he would be able to take it.

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

It can take 90 days or longer.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Ontarkie Grand Master

Ontarkie   14,563

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to AOS from Work, Student and Tourist Visas, From K1 P&P - As they are now married and still in the US.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

You are fantastic. Thank you so much. This has been such a hard process to understand.

Now how soon after would the I-765 be proccessed for him? He has a possible job opportunity but we want to make sure he would be able to take it.

It's usually 90 days or longer, as mentioned above, after filing the I765 with the I485.

However, it may be possible to obtain an expedite for the work authorization, if you can prove that the job opportunity will be lost and/or there will be financial hardship

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

 
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