Anyone with J-1/ F-1 who filed for AOS (marriage-based) in 2016 & 2017?

[strider4 43]

1 hour ago, danielharris627 said:

Hi OP,

 

I was looking at the link you provided http://www.visajourney.com/content/k1k3aos but also stumbled across someone else linking this: http://www.visajourney.com/content/i130guide2 which has confused me a little as the second link includes an I-130. Can you tell me if you submitted an I-130 or if you know what it is exactly?

 

Thanks

Hello,

 

I submitted both I-130 and I-485, also known as concurrent filing.

The I-130, petition for alien relative, is filed by the US citizen/GC holder (petitioner) who wants to sponsor their relative (spouse, parents etc) while the I-485 is the application to register for permanent residence (adjustment of status) filed by that relative (applicant) based on the approved I-130. 

Concurrent filing is possible if it's being done for an immediate relative whose living in the US, by the US citizen, since they do not have visa quotas.

From what I know, if a US citizen's relative is abroad, they cannot simultaneously file both forms and would rather have to file the I-130 first (folks who have been through consular processing, please correct me if I'm wrong).

I-130 is the first step toward getting a Green Card, regardless of concurrent filing.

Hope this helps.  

[strider4 43]

12 minutes ago, danielharris627 said:

 

Great, I think I get you.

 

So, I am also on a J1 visa (which is soon to run out). So, I should submit both the I-130 and I-485, correct? And if you don't mind me asking, how much was the total cost for you? As I believe you are doing the same as I would be...did you also apply for EAD and AP?

Thanks!

Here's thee USCIS fee structure for forms:

https://www.uscis.gov/forms/our-fees

Please note they make changes from time to time.

It cost us $535 for the I-130 and $1225 (biometrics fee $85+ form fee $1140) for the I-485. We also retained a lawyer so that's separate expense. Yes, I applied for the EAD and AP; there's no fee for both of them as long as you file them together with your I-130 and I-485 packet.

 

You might want to consult a lawyer if your J-1 is running out, as in my case I had applied for a 2-year rule waiver and I'm not sure what's the case with J-1s who don't have the 2-year rule applicable upon them. People who come on visit visas and then due to change in circumstances, file for a green card, are able to stay while their application is pending decision. I was told I cannot stay in the country like such nonimmigrant visa holders and therefore my application must be adjudicated before I run out of J-1 status.

Secondly, I cannot use my EAD and AP as that would violate my J-1 status and bar me from registering at my university as well as working on campus. Our lawyer just made us do it so that she was able to gauge if they're touching our case from time to time.

 

Therefore, you'd have to discuss your J-1 circumstances with a lawyer just to be sure you can stay while your application is pending.

 

As for filing, I don't think retaining a lawyer is necessary since it's a straightforward process, unless it involves a complicated history.

Edited July 14, 2017 by strider4

[tato2017 41]

List of the forms you may submit:

 

Form I-130 Petition for Alien Relative
https://www.uscis.gov/i-130

Form I-130A Supplemental Information for Spouse Beneficiary
https://www.uscis.gov/i-130

Form I-485 Application to Register Permanent Residence or Adjust Status
https://www.uscis.gov/i-485

Form I-693 Report of Medical Examination and Vaccination Record (You can submit this later on or take it to interview with you)
https://www.uscis.gov/i-693

Form I-864 Affidavit of Support under Section 213A of the INA
https://www.uscis.gov/i-864

Form I-765 Application for Employment Authorization
https://www.uscis.gov/i-765

Form I-131 Application for Travel Document ( File this if you are planning to travel during AOS process)
https://www.uscis.gov/i-131

Form G-1145 E-Notification of Application/Petition Acceptance
https://www.uscis.gov/g-1145

 

 

Notes from I-485 for J-1, J-2 visa holders:

"If you previously held or currently hold J-1 (principal) or J-2 (dependent) nonimmigrant exchange visitor status, you must submit copies of all relevant Forms IAP-66 and/or Forms DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, ever issued to you (if available). You must also submit copies of all available J-1 or J-2 nonimmigrant visas issued to you, and copies of all available Form I-94 and passport pages with entry stamps showing your admission to the United States in J-1 or J-2 status.

In addition, if your J status made you subject to the 2-year foreign residence requirement of INA section 212(e), you must submit documentation to show that you complied with the foreign residence requirement, have been granted a waiver of the requirement before filing Form I-485, or were issued a favorable waiver recommendation letter from DOS before filing Form I-485. You can show you complied with the requirement by submitting evidence to prove you resided in the appropriate home country for at least two years since your exchange visitor program ended. For information about waiver of the requirement, see the Instructions for Form I-612, Application for Waiver of the Foreign Residence Requirement."

 

[strider4 43]

@tato2017 Thank you for providing a helpful overview!  This is going to help a lot of J-1s who are not subject to the 2-year rule (as I had no idea how they would go about their case).

 

2 hours ago, danielharris627 said:

 

Thanks for your response. I'm not subject to the two year rule so I think it should be a little smoother for me. Hopefully, I will submit mine before the 30 day grace period runs out so I should be able to just stay in the country. Even if I go over my 30 day grace period, as far as I can tell, this is forgiven if you are adjusting status.I don't believe mine is very complicated so I shouldn't need a lawyer (can't really afford one either lol!)

 

A couple more questions, did you submit your I-693 along with your package, or are/can you submit it at a later date? And how long did it take you to fill everything out?

 

Thanks!

Yes, I did submit my I-693 with it. I think you can submit it later i.e. bring it along at the interview (https://my.uscis.gov/helpcenter/article/when-should-i-submit-form-i-693-to-uscis). The post above by tato2017 pretty much sums all that is required by J-1s.  

Edited July 15, 2017 by strider4

[lmenko 12]

On 7/3/2017 at 2:23 PM, strider4 said:

Yes, I think many folks aren't adjusting from student visas, so I was wondering what if we have longer processing times, since family based adjustments are from K-1s for which they have already been interviewed, had background checks done i.e. undergone the whole process. Has your interview been scheduled?

Haven't checked this in a while, but we are still stuck at the background check not being cleared as of our infopass appt in june. No interview scheduled yet, and we are at the 9 month mark since submission

[-Trinity- 513]

I posted this in another thread, but I promised that I will give an update, so here it comes:

 

We had our interview today too and we got approved, at least I think we got approved..lol. They had to wait for my oldest file o they can process everything at the same time.

We applied in March, kids received their AP in May, mine got delayed because my form was rejected. I used the same form as the kids, but it got rejected because it was the old form, kids got theirs approved though..lol.

Received my EAD in May as well and had the interview today. We had to get up at 5:00 am and we arrived a half hour before our appointment at 7:30. We didn't dress formally, decent but no fancy stuff. IO didn't ask kids any questions, we were talking about daily stuff will she was checking our files. She asked my husband about his previous divorce and asked me the age of my husband's son. Where we met and what type of visa I entered the country and the dates of entry. Where my husband is working and then she went on and asked if I can tell her my husband's full name and DOB. We had a lot of evidence with us: pictures, documents that proof a bona fide marriage but she didn't ask for any of this.

 

Interview was over in approximately 40 minutes in which most of the time she was reading our files on her desk. She ended the interview by saying: there are no negative things found so give it a maximum of 30 days to receive your green card.

 

Good luck to you all, its a nerve wracking journey and I could finally let go most of the stress after the interview.

 

Edited July 26, 2017 by Dutchie2016

[strider4 43]

2 hours ago, lmenko said:

Haven't checked this in a while, but we are still stuck at the background check not being cleared as of our infopass appt in june. No interview scheduled yet, and we are at the 9 month mark since submission

I'm sorry to hear that. I'm still stuck at the "fingerprint fee received" status and don't anticipate that they'd change it anytime soon.  What dates is your local office processing right now? Hang in there, the wait is nerve-wracking but it'll be over soon.  

1 hour ago, Dutchie2016 said:

I posted this in another thread, but I promised that I will give an update, so here it comes:

 

We had our interview today too and we got approved, at least I think we got approved..lol. They had to wait for my oldest file o they can process everything at the same time.

We applied in March, kids received their AP in May, mine got delayed because my form was rejected. I used the same form as the kids, but it got rejected because it was the old form, kids got theirs approved though..lol.

Received my EAD in May as well and had the interview today. We had to get up at 5:00 am and we arrived a half hour before our appointment at 7:30. We didn't dress formally, decent but no fancy stuff. IO didn't ask kids any questions, we were talking about daily stuff will she was checking our files. She asked my husband about his previous divorce and asked me the age of my husband's son. Where we met and what type of visa I entered the country and the dates of entry. Where my husband is working and then she went on and asked if I can tell her my husband's full name and DOB. We had a lot of evidence with us: pictures, documents that proof a bona fide marriage but she didn't ask for any of this.

 

Interview was over in approximately 40 minutes in which most of the time she was reading our files on her desk. She ended the interview by saying: there are no negative things found so give it a maximum of 30 days to receive your green card.

 

Good luck to you all, its a nerve wracking journey and I could finally let go most of the stress after the interview.

 

Thank you so much for sharing your experience! And congratulations!

[Apfel 46]

10 hours ago, lmenko said:

Haven't checked this in a while, but we are still stuck at the background check not being cleared as of our infopass appt in june. No interview scheduled yet, and we are at the 9 month mark since submission

My husband is from Iran, I'm worried we will be stuck in background checks for a long time as well  he is adjusting from F-1

[lmenko 12]

10 hours ago, Apfel said:

My husband is from Iran, I'm worried we will be stuck in background checks for a long time as well  he is adjusting from F-1

Yeah, same situation here. Adjusting from F-1 but we filed at the end of October 2016 and still haven't had an interview scheduled so we are trying to wait patiently. We are assuming the delay is due to a) his complicated last name which is different on different documents issued to him by the U.S. and b) iranian nationality and probably changes happening within the system with more complicated background checks for specific countries. Of course, both of these assumptions are speculations. All we know is that the background check still hasn't cleared and we cannot be scheduled for an interview until that happens.

[Abhi138 20]

23 hours ago, strider4 said:

I'm sorry to hear that. I'm still stuck at the "fingerprint fee received" status and don't anticipate that they'd change it anytime soon.  What dates is your local office processing right now? Hang in there, the wait is nerve-wracking but it'll be over soon.  

Thank you so much for sharing your experience! And congratulations!

 

23 hours ago, strider4 said:

I'm sorry to hear that. I'm still stuck at the "fingerprint fee received" status and don't anticipate that they'd change it anytime soon.  What dates is your local office processing right now? Hang in there, the wait is nerve-wracking but it'll be over soon.  

Thank you so much for sharing your experience! And congratulations!

Hello Friend ,

 

I'm adjusting from F1 too and my local office is San Francisco and it might be a while before we get ours. I think the next step should be Case is ready to scheduled for Interview or maybe you will skip this step and just have your interview scheduled. I'm patiently waiting for my interview and hopefully we all get it soon.

[strider4 43]

3 hours ago, Abhi138 said:

 

Hello Friend ,

 

I'm adjusting from F1 too and my local office is San Francisco and it might be a while before we get ours. I think the next step should be Case is ready to scheduled for Interview or maybe you will skip this step and just have your interview scheduled. I'm patiently waiting for my interview and hopefully we all get it soon.

Yes, the bay area offices seem backlogged. I hope they update our statuses soon; I need to move on with life, we all do.  Do you have your interview scheduled? I think I do recall asking you that in some other thread (sorry about that, my memory is failing me)  I post frequently in the April filers thread and done a couple of posts in the Marc thread as well.

[lala52 25]

Hi,

 

We applied last year concurrently filing. My husband was on an F1. Our PD (application date) is Nov. 21 2016. Did biometrics right before the New Year. He received EAD/AP combo card at the end of Feb 2017 ( that goes through the Nebraska Service Center).

 

The local office schedules the interview. Ours is in northern Virginia. We received our interview notice 2nd week of July 2017. Interview will be 2nd week of August 2017. Patience lots of patience.

Edited July 28, 2017 by lala52

[Abhi138 20]

7 hours ago, strider4 said:

Yes, the bay area offices seem backlogged. I hope they update our statuses soon; I need to move on with life, we all do.  Do you have your interview scheduled? I think I do recall asking you that in some other thread (sorry about that, my memory is failing me)  I post frequently in the April filers thread and done a couple of posts in the Marc thread as well.

Yes u did ask me in the March aos filer foeum and no my interview is not yet scheduled. 

[strider4 43]

15 hours ago, lala52 said:

Hi,

 

We applied last year concurrently filing. My husband was on an F1. Our PD (application date) is Nov. 21 2016. Did biometrics right before the New Year. He received EAD/AP combo card at the end of Feb 2017 ( that goes through the Nebraska Service Center).

 

The local office schedules the interview. Ours is in northern Virginia. We received our interview notice 2nd week of July 2017. Interview will be 2nd week of August 2017. Patience lots of patience.

Good luck for the interview! Please keep us posted!  Indeed, it is going to require a lot of patience. I see that K-1s are getting their interviews relatively sooner than we can expect ours (as J-1s and F-1s). Perhaps they have recently been through thorough background checks which saves them time compared to how we got our student visa some time back and maybe student visas don't entail rigorous background checks as that of the K-1 process. My two cents; I'm just putting forth theories while I wait, to let my sanity prevail. 

10 hours ago, Abhi138 said:

Yes u did ask me in the March aos filer foeum and no my interview is not yet scheduled. 

Hopefully you'll receive good news about it soon. 

[DoubleZ 2]

First post for me!

 

F1 AOS spousal filer. Had to apply for J1 home residency waiver which was approved last week.

I have now sent in all of my AOS documents including EAD and AP.

Recieved confirmation that it arrived at the Chicago Lockbox yesterday - 08/14/2017.

 

I did all my of my applications myself so fingers crossed that I did everything right and that everything runs smoothly.
Looking for other recent F1 filers to gauge what current USCIS processing times are looking like and also to help answer other peoples questions about this exhausting process!