Just got married to USA resident

[Marija Stankovic 0]

Hi everyone I just got married! 🍾 Me and my husband were dating for couple of months, I am originals from Serbia and I applied for tourist visa to come and visit him. I 've stayed for 5 months and yesterday we got married.So what is the procedure now? We need to fill the I - 130 and form I -485, to sent marriage certificate pictures and copy of his passport... and I can't find anyone else.Can somebody who was in the same situation just guide me a little bit? Thank you so much in advance  

[zilchfox 296]

This is the guide you will be following: http://www.visajourney.com/content/i130guide2

 

Good luck.

[Hypnos 6,578]

Is your husband an LPR or US citizen?

[aleful 1,905]

exactly is he a legal permanent resident or a US Citizen

 

if he is just a resident, you can't adjust status In the US, you will have to return to your country and wait there. the process can take 2 years

 

,

[Marija Stankovic 0]

Hi again,yes we are both in US , and thank you for correcting me.When I was signing up I forgot to change that. Yes my husband is US citizen.So we just need to fill those papers, pay the fee and that's it?than we wait for answer for appointment and request of any other document? Thanks to everybody who responded 

[sparkles_ 456]

7 minutes ago, Marija Stankovic said:

Hi again,yes we are both in US , and thank you for correcting me.When I was signing up I forgot to change that. Yes my husband is US citizen.So we just need to fill those papers, pay the fee and that's it?than we wait for answer for appointment and request of any other document? Thanks to everybody who responded 

Will your husband be needing a co-sponsor? If he doesn't make enough income then you will need another i864 for the cosponsor and maybe an 864a depending. Good luck, it takes anywhere from 6mo-1yr to complete adjustment of status  You will get all the documents filled out, proofs and passport photos to go with, the fees and then mail it out. There are guide on this site as well, just search adjustment of status guide. After you mail it all out, you will get your notice of action 1, NOA1 within 45 days, a fingerprint appt notice....work permit in about 90 days give or take, then an interview notice.

 

Only thing I would check on is if you need to send the medical exam with everything or not. I heard others say recently it is required to go with the AOS forms now, and you can't bring it to the interview. 

Edited June 20, 2017 by sparkles_

[millefleur 5,047]

**Moved from What Visa Do I Need - Family Based Immigration to AOS from Work, Student & Tourist visas; OP is doing AOS from a tourist visa**

[Angelica48 121]

13 hours ago, sparkles_ said:

Only thing I would check on is if you need to send the medical exam with everything or not. I heard others say recently it is required to go with the AOS forms now, and you can't bring it to the interview. 

According to the USCIS,

Quote

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required).

I did not submit the completed I-693 with my AOS package.  As of today, no RFIE yet.  

[injejo14 17]

16 hours ago, Marija Stankovic said:

Hi everyone I just got married! 🍾 Me and my husband were dating for couple of months, I am originals from Serbia and I applied for tourist visa to come and visit him. I 've stayed for 5 months and yesterday we got married.So what is the procedure now? We need to fill the I - 130 and form I -485, to sent marriage certificate pictures and copy of his passport... and I can't find anyone else.Can somebody who was in the same situation just guide me a little bit? Thank you so much in advance  

Hi -- You may want to check with an attorney on this because, entering the US on a tourist visa with the intent of staying is visa fraud.  I had originally thought i could do this but our attorney suggested that i return back to my country after my 6-month visitor visa to do consular processing. "A person who enters the U.S. with no intent to get married and stay, who while visiting, spontaneously decides to marry and attempt to stay may be able to do so. However, you must convince the government that this was not your intent all along"

[geowrian 22,338]

4 minutes ago, injejo14 said:

Hi -- You may want to check with an attorney on this because, entering the US on a tourist visa with the intent of staying is visa fraud.  I had originally thought i could do this but our attorney suggested that i return back to my country after my 6-month visitor visa to do consular processing. "A person who enters the U.S. with no intent to get married and stay, who while visiting, spontaneously decides to marry and attempt to stay may be able to do so. However, you must convince the government that this was not your intent all along"

Intent is determined at POE. See Matter of Cavazos and Matter of Battista.

[Sunnyland 639]

38 minutes ago, injejo14 said:

Hi -- You may want to check with an attorney on this because, entering the US on a tourist visa with the intent of staying is visa fraud.  I had originally thought i could do this but our attorney suggested that i return back to my country after my 6-month visitor visa to do consular processing. "A person who enters the U.S. with no intent to get married and stay, who while visiting, spontaneously decides to marry and attempt to stay may be able to do so. However, you must convince the government that this was not your intent all along"

 

You will be surprised of how many people do this...Come to US as visiting their bf/gf and then just marry and stay. A girl where I work she came from Germany and married her bf and decided to stay. Each day I feel like the idiot that decided to do it the right away. Being apart while doing K1. Oh Boy. At one point they will have to stop allowing this because otherwise everybody will just visit "with no intentions of marriage" and have it easier than the rest. 

[Dashinka 24,918]

36 minutes ago, geowrian said:

Intent is determined at POE. See Matter of Cavazos and Matter of Battista.

Agreed, it doesn't appear that the intent during this visit was to get married, but in life, things change. 

[Dashinka 24,918]

Just now, Sunnyland said:

 

You will be surprised of how many people do this...Come to US as visiting their bf/gf and then just marry and stay. A girl where I work she came from Germany and married her bf and decided to stay. Each day I feel like the idiot that decided to do it the right away. Being apart while doing K1. Oh Boy. At one point they will have to stop allowing this because otherwise everybody will just visit "with no intentions of marriage" and have it easier than the rest. 

It's not really all that easier.  First you have to get a visitor visa which can be difficult depending on your country.  Then you have to get by CBP while telling the truth as to your intentions which can be an immediate turn around if they judge an immigration intent, then you have to get married and file all the same paperwork that a K1 would file.  This won't work for many people for a variety of reasons.  Heck, there are a lot of people that enter the US with the actual intention to get married and then return to file a spousal visa.  Not everyone can just pick up their lives and move to a new country.

 

Now that being said, are there people that misrepresent themselves while attempting to get a visa or entering, i assume there are, and that if found out would be fraud.  But assuming they enter with no intent to get married and then life takes a turn, it is still legal to AOS while staying here.

[injejo14 17]

1 minute ago, Sunnyland said:

 

You will be surprised of how many people do this...Come to US as visiting their bf/gf and then just marry and stay. A girl where I work she came from Germany and married her bf and decided to stay. Each day I feel like the idiot that decided to do it the right away. Being apart while doing K1. Oh Boy. At one point they will have to stop allowing this because otherwise everybody will just visit "with no intentions of marriage" and have it easier than the rest. 

I know, i erred on the side of caution, (i guess I'm too risk adverse) i had two attorney friends that were both adamant that they wouldn't file a petition to adjust in a situation like that for the sake of their reputation..Being apart sucks, at least I have been in the US on a visit but have to leave in a week's time.

 

[injejo14 17]

28 minutes ago, Bill & Katya said:

It's not really all that easier.  First you have to get a visitor visa which can be difficult depending on your country.  Then you have to get by CBP while telling the truth as to your intentions which can be an immediate turn around if they judge an immigration intent, then you have to get married and file all the same paperwork that a K1 would file.  This won't work for many people for a variety of reasons.  Heck, there are a lot of people that enter the US with the actual intention to get married and then return to file a spousal visa.  Not everyone can just pick up their lives and move to a new country.

 

Now that being said, are there people that misrepresent themselves while attempting to get a visa or entering, i assume there are, and that if found out would be fraud.  But assuming they enter with no intent to get married and then life takes a turn, it is still legal to AOS while staying here.

You are correct, assuming one enters with no intent to get married then it is legal to adjust your status.