Please help and let me know what I need

[Coffee & Milk 0]

Hi everyone I'm here in USA already married 3 months already to an USA citizen my question is how and what kind of paperwork I need to file for adjustment of status /or/ green card and what is the fee of each document that I need to file before my visiting visa expires in the middle of March 2018 I will very appreciat your help and support and also good luck to everyone.

[SaRy 73]

Hello and welcome to the USA!

 

Here's a guide to AOS (Adjustment of Status):

- http://www.visajourney.com/content/k1k3aos

 

Here are sample forms you can have a look at to learn how to fill out your own forms:

- http://www.visajourney.com/content/examples/

 

Here are the forms you'll need to fill out and file, but I would HIGHLY recommend downloading them from the official USCIS website instead as the ones here might be outdated and cause some problems later on:

- http://www.visajourney.com/content/downloads/

- https://www.uscis.gov/forms

 

Here you can find more guides as well as some more tips:

- http://www.visajourney.com/content/guides/

If you have more questions feel free to ask in the forums as many other more experienced members will be more than happy to help.

 

Good luck!  

[RJandHamid 1,133]

Your profile says you went through the K1 fiancé visa process, but your post says you have an expiring visitor visa. Which visa did you use to come to the USA?

[Coffee & Milk 0]

Hi thanks for the reply I have a visiting visa and we got married so now I'm trying to adjust my status from visitor Visa to a green card holder sorry about the confusion.

[Coffee & Milk 0]

Thank you very much for your help and tips I will for sure to check them out asap thank you again

[RJandHamid 1,133]

To adjust from a visitor visa you will need to file:

I-130 -$535

I-485 -$1140+$85 biometrics fee

I-864

I-765 (optional, but recommended)

I-131 (optional, but recommended)

 

Total cost: $1760

 

Remember that you should only adjust status this way as long as your original intent upon entry to the US was solely for a visit and not a plan to get married and adjust. Your intent was determined at your point of entry, but remember that coming on a visitor visa with the intent to marry, stay and adjust is visa fraud. 

Otherwise, follow the guides that @SaRy posted and good luck. 

 

[Coffee & Milk 0]

Thank you very much for your help I will check all this forms and guides that @SaRy posted before

Thanks again.

 

[tato2017 41]

Here is the checklist for you good luck!

 

Form I-130 Completed and signed form by Petitioner (U.S. Citizen).
Form I-130A Completed and signed by spouse beneficiary.
A personal check or Money Order amount of $535 made out to U.S. Department of Homeland Security.
https://www.uscis.gov/forms/our-fees

Two-passport style photo of U.S. Citizen with full name on the back and name on plastic bag.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of U.S. Citizen`s Birth Certificate or Passport Biographical Page, or Naturalization Certificate.
Copy of U.S. Citizen`s Driver License or Passport Biographical Page.
Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
Copy of beneficiary`s passport biographical page.
Copy of beneficiary`s most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Evidence Showing Bona Fide Marriage:
 ☐ Joint IRS Tax Return Transcripts (if you have it).

 ☐ Birth Certificate of your children (if you have any).

 ☐ Joint Lease or Mortgage showing joint tenancy (if you have it).

 ☐ Joint Bank Statements. (Checking, Saving, Credit Cards etc.).

 ☐ Joint Utility Bills (Or Utility Bills showing the same address for each spouse)

 ☐ Joint Cell Phone Bills.

 ☐ Joint Car title.

 ☐ Joint Car Insurance.

 ☐ Life insurance showing each other as beneficiary.

 ☐ Retirement accounts showing each other as beneficiary.

 ☐ Health, dental Insurance showing you are on one another plan.

 ☐ Photographs (Weddings, Trips, Family gatherings, Friends)

 ☐ Affidavits from your family, friends having personal knowledge of your bona fides marriage.

 Form I-485 Completed and Signed by Beneficiary (Alien Applicant).
A personal check or Money Order amount of $1225 made out to U.S. Department of Homeland Security. (Including biometric fee).
Copy of foreign birth certificate for beneficiary accompanied by full-certified translation.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary`s passport nonimmigrant visa page (if you have)
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
 Form I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)
“You do not need to send with your initial application but you need have it with you during the interview”
Form I-864, Affidavit of Support Under Section 213A of the INA:
 ☐ Petitioner copies of IRS federal income tax return transcripts for the last one year (Optional last 3 years).
 ☐ Copies of Petitioner`s W2`s or 1040`s forms.

 ☐ Copies of Petitioner`s pay stubs.
 ☐ A letter of employment verification for the petitioner.

 
Form I-765 Completed and Signed by Beneficiary.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

*No Filing Fee is required for I-765 since it is being submitted along with I-485.

Form I-131 Completed and Signed by Beneficiary.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

[AtlToBlr 64]

12 hours ago, RJandHamid said:

To adjust from a visitor visa you will need to file:

I-130 -$535

I-485 -$1140+$85 biometrics fee

I-864

I-765 (optional, but recommended)

I-131 (optional, but recommended)

 

Total cost: $1760

 

Remember that you should only adjust status this way as long as your original intent upon entry to the US was solely for a visit and not a plan to get married and adjust. Your intent was determined at your point of entry, but remember that coming on a visitor visa with the intent to marry, stay and adjust is visa fraud. 

Otherwise, follow the guides that @SaRy posted and good luck. 

 

So was this visa fraud or not? 

[RJandHamid 1,133]

12 minutes ago, AtlToBlr said:

So was this visa fraud or not? 

It depends on the original intent of the OP. If she came on a visitor visa with the intentions of just coming for tourism/a visit, and her now husband unexpectedly proposed to her and they were married, then that is not fraud and is a fine and legal route to adjust status. Many people adjust this way without issue. 

 

The problem would be if she came to the US on a tourist visa with the intention to get married, stay and adjust, as in the wedding was pre-planned before her arrival to the USA. The only legal way to adjust this way would be to return to her home country before the tourist visa expires and wait out the CR1 spousal visa process. Now, proving intent can be difficult, but honesty is ALWAYS the best policy when dealing with immigration, as  lies could lead to lifetime bans. 

[Coffee & Milk 0]

Thank you very much for your help and good luck for you too

.

 

[Jeanne Adil 1,651]

On 2/6/2018 at 11:08 AM, RJandHamid said:

It depends on the original intent of the OP. If she came on a visitor visa with the intentions of just coming for tourism/a visit, and her now husband unexpectedly proposed to her and they were married, then that is not fraud and is a fine and legal route to adjust status. Many people adjust this way without issue. 

 

The problem would be if she came to the US on a tourist visa with the intention to get married, stay and adjust, as in the wedding was pre-planned before her arrival to the USA. The only legal way to adjust this way would be to return to her home country before the tourist visa expires and wait out the CR1 spousal visa process. Now, proving intent can be difficult, but honesty is ALWAYS the best policy when dealing with immigration, as  lies could lead to lifetime bans. 

also depends on what was  told to immigration officer at POE

did the person say he/she was here to visit gf/bf?

or someone else?

coming without saying i am here to visit my BF/gf is one of the lies that can come back to bite

[BritGirl88 43]

2 hours ago, adil-rafa said:

coming without saying i am here to visit my BF/gf is one of the lies that can come back to bite

This is false. Intent is determined at the border and is no longer the concern of USCIS. 

 

People really need to stop giving out false information with no proof, evidence or experience in the matter. Reading things from other misinformed people on these forums is spreading a lot of misinformation and people are starting to take what is said as fact, when it is not. AOS cannot be denied based on intent, that is a fact. There is case law to support this. 

At no point in the AOS process will the OP have to prove intent. That has already been covered by CBP at the border. Saying you came to visit BF/GF is not going to "come back to bite", it could very well have been the truth at the time. The main objective of USCIS is to determine whether the marriage is legitimate or not, not to interrogate about intent at the time of entering. It no longer matters after you've entered.

Edited February 8, 2018 by BritGirl88

[Jeanne Adil 1,651]

1 hour ago, BritGirl88 said:

This is false. Intent is determined at the border and is no longer the concern of USCIS. 

 

People really need to stop giving out false information with no proof, evidence or experience in the matter. Reading things from other misinformed people on these forums is spreading a lot of misinformation and people are starting to take what is said as fact, when it is not. AOS cannot be denied based on intent, that is a fact. There is case law to support this. 

At no point in the AOS process will the OP have to prove intent. That has already been covered by CBP at the border. Saying you came to visit BF/GF is not going to "come back to bite", it could very well have been the truth at the time. The main objective of USCIS is to determine whether the marriage is legitimate or not, not to interrogate about intent at the time of entering. It no longer matters after you've entered.

i said intent at border at POE and if she lied to that officer and did not disclose she was here to visit BF,  it will not be in favor

 

i said that as this is  Morocco

person would not have gotten a tourist visa from that embassy if they said to visit bf or gf

they assume person intends to immigrate

Edited February 8, 2018 by adil-rafa

[BritGirl88 43]

5 minutes ago, adil-rafa said:

i said intent at border at POE and if she lied to that officer and did not disclose she was here to visit BF,  it will not be in favor

 

i said that as this is  Morocco

person would not have gotten a tourist visa from that embassy if they said to visit bf or gf

they assume person intends to immigrate

At this point it does not matter. Whether she lied or not about having a boyfriend is not the concern of USCIS. It has nothing to do with adjusting status, what will matter to the IO is if their marriage is real or not.