Adjustment of Status Guidance

[Nate92 0]

Hello: My wife and I married two weeks ago. I'd like to preface this story by stating that our marriage is legitimate. We have also chosen to apply for an adjustment of status so that we can remain together whilst applying for her green card. I'm looking to find general guidance here as to what I need to do, as well as answers to some specific questions. I have read conflicting instructions online, and thought it would be beneficial to hear from those who are living it!

 

I'm a full US citizen... born here. My wife is here on an au pair visa that expires in two days. I understand that this expiration will not mean anything, since she is an immediate family member now. We are also planning on moving to Florida to start our life. I've read that I can file both the I-130 and I-485 forms concurrently. Should any other forms be included besides these two?

 

Can someone please go into great detail as to what is needed? I've read so many different forms that "could" and "should" be included. It's confusing.

 

Some questions I have off the bat too:

 

(1) Should I be hiring a lawyer for this? I haven't yet because I feel like it's manageable, but I'm not fully aware of the ramifications if I mess up.

 

(2) Does it matter for filing that we're moving to Florida.

 

(3) What forms need to be included in the envelope?

 

How and when do payments occur?

 

PLEASE, include any other info that might be valuable.

 

 

[s + j 71]

Hi. Congrats on the marriage and good luck on your AOS journey!! :-) I sent my AOS on December 22nd last year.

 

As to your questions, no you don't need a lawyer. Sometimes they mess things up, sometimes they don't. It's all up to you if you wanna hire one. I will hire one if I get called in for an interview, but I assambled my package with my husband and we passed the first stage :-) 

 

When are you moving to Florida? Might be worth waiting until then to file if it isn't far from now. Otherwise you can contact USCIS the day you move and they'll switch the address in their system for you.

 

Besides concurrently filing I-485/I-130, you can file I-131 (Advance Parole Document) so your spouse can travel while I-485 is pending, and I-765 (Employment Authorization) so your spouse can work while waiting for Green Card. The Advance Parole and Employment Authorization is free when filing I-485.

 

As for payment, I believe you have to pay the fee for I-130 and I-485. Don't forget the biometrics fee included in the check (that you put first in the package!).

 

Again, good luck!! And message me if you have any further questions :-) Which state are you currently filing from?

[Scandi 4,166]

Have a look in the guides section. This one in particular. http://www.visajourney.com/content/i130guide2

[Nate92 0]

On 3/12/2017 at 11:56 PM, s + j said:

Hi. Congrats on the marriage and good luck on your AOS journey!! :-) I sent my AOS on December 22nd last year.

 

As to your questions, no you don't need a lawyer. Sometimes they mess things up, sometimes they don't. It's all up to you if you wanna hire one. I will hire one if I get called in for an interview, but I assambled my package with my husband and we passed the first stage :-) 

 

When are you moving to Florida? Might be worth waiting until then to file if it isn't far from now. Otherwise you can contact USCIS the day you move and they'll switch the address in their system for you.

 

Besides concurrently filing I-485/I-130, you can file I-131 (Advance Parole Document) so your spouse can travel while I-485 is pending, and I-765 (Employment Authorization) so your spouse can work while waiting for Green Card. The Advance Parole and Employment Authorization is free when filing I-485.

 

As for payment, I believe you have to pay the fee for I-130 and I-485. Don't forget the biometrics fee included in the check (that you put first in the package!).

 

Again, good luck!! And message me if you have any further questions :-) Which state are you currently filing from?

2

Do I need to fill out those other forms from the stickies as well? Besides I-130 and I-485. 

[KierenHby 899]

21 hours ago, Nate92 said:

Do I need to fill out those other forms from the stickies as well? Besides I-130 and I-485. 

If by 'other forms' you mean the i131 and i765, then yes, she should if she may want to travel outside the US before getting her green card and if she wants to work as soon as the employment authorization document is approved.