AOS from F-1 & Sponsor Traveling

[bunkx 25]

Greetings,

I've been in the US as an F-1 student since 2011 and my fiance and I are planning on getting married in January and hopefully filing for AOS the same month. I have a couple of questions that I haven't exactly been able to find clear answers to:

1. My fiance has will be going to Montreal on a study abroad program in May-June, will this give us any trouble in terms of my AOS application? I know the beneficiary traveling outside the US is kinda iffy but I couldn't find a lot on the sponsor spouse traveling during this process.

2. Do I need to provide the local circuit court with any documents from my home country to get the marriage license? (As in to prove I am not currently married, thus eligible to get married)

3. Can we file all forms (I-130, I-485, I-864, I-765 am I forgetting any?) concurrently? If so, how is the total fee calculated exactly?

4. I was planning on filling out all of these by myself (with help from the internet, of course) - or should we hire an attorney? Seems like an unnecessary and expensive option to us...

Any help would be greatly appreciated~! Thanks in advance!

[f f 725]

1 make sure to get your advanced parole approved before you head out of country.

2 nope just go to the court house, wwll in california at least

3 i131 is needed for advanced parole, it is also free with aos

4 this seems straight forward no need for lawyer

good luck

[bunkx 25]

1 make sure to get your advanced parole approved before you head out of country.

To clarify for the 1st question: I won't be traveling - just my fiance or husband I guess at the time... and I guess what I'm worried about is what if they schedule our interview during that time? Would he have to just fly back for the day?

but thanks!! I'll add the I-131 to my list!

Edited November 30, 2016 by bunkx

[embay16 12]

There is no problem with the sponsor traveling outside of the country at that time (particularly for a study abroad program). The only issue that might occur, is that if you do no live together, you will need access to mail in case something goes to his address instead of yours (although usually most papers, except for the 1-130, go to the beneficiary's address). Other than that, just make sure that you or him have access to any documents while he is in Canada, in case you get an RFE for something related to him. Also, I doubt you would get an interview that quickly being in D.C., but if it does happen, he would have to fly back to attend the interview during that time. Although you seem to be aware of this, I just want to note that you will not be able to travel to see him during that time period, until you have the AP document in hand.

So there is no issue at all for him to go and have a wonderful experience!

You should file all documents together and concurrently, the EAD (work authorization) and the AP (travel document) are free to file with AOS, so the total fees will only be the I-130 and the I-485 fees (which are increasing on Dec 23rd, so be sure to double check the amounts!). See the guide here for more questions: http://www.visajourn...tent/i130guide2

Edited November 30, 2016 by embay16

[bunkx 25]

So there is no issue at all for him to go and have a wonderful experience!

You should file all documents together and concurrently, the EAD (work authorization) and the AP (travel document) are free to file with AOS, so the total fees will only be the I-130 and the I-485 fees (which are increasing on Dec 23rd, so be sure to double check the amounts!). See the guide here for more questions: http://www.visajourn...tent/i130guide2

That's good to hear that he can go! It would be have been unfair if my greencard application got in the way of him studying abroad since I left him to study abroad in Japan in the past so, it's only fair if he gets to go as well, right?

So just to confirm we would be paying for I-130 ($535), I-485 ($1,140), USCIS Immigrant Fee ($220) and the biometrics fee ($85). And the I-313, I-765 and I-864 are free.

According to this I'm supposed to send $1,980 with my application? Ouch! (Fees adjusted to post Dec 23rd increase)

[f f 725]

since you are filing the i130 and i485 together I don't think you need to pay the immigrant visa fee which saves you $220

[embay16 12]

So just to confirm we would be paying for I-130 ($535), I-485 ($1,140), USCIS Immigrant Fee ($220) and the biometrics fee ($85). And the I-313, I-765 and I-864 are free.

According to this I'm supposed to send $1,980 with my application? Ouch! (Fees adjusted to post Dec 23rd increase)

f f is correct, you do not need to pay the immigrant fee (as you are doing I-130 and I-485 together). You just need to pay for the I-130 fee, I485 fee and biometrics fee, so the total should be two checks: one $535 for the I-130 and one $1,225 for the AOS and biometrics fee.

Make sure you have the I-131 form for Advance Parole not the I-313 (although I don't think that actually exists and it was probably just a typo).