Filipino married an American while on vacation (with back story)

[KPL 7]

Hi everyone. I'm Ken, from the Philippines, and my partner and I just got married last week, while I am on vacation.

 

Back story: I met my partner online last year, and we hit it off right away. He's also from the Philippines, but is a naturalized American, and has been here for awhile. He came back to the Philippines a couple of times last year and we have a lot of pictures to prove our relationship. Last year, I decided to come to the US, take all the vacation time I had not taken from my job for 5 years, to attend my sister's graduation in New York from her Masters' program, and at the same time, see how it might work if we started living together. I have a return ticket, and we were supposed to travel back to Manila together, and the original plan was to file for a Fiance visa and wait out the process in the Philippines.

 

I arrived in the US in February of this year and my I-94 expires on Aug5, 2018. Somewhere along the road, our plans changed because he and I realized we didnt want to spend a long time apart while waiting for the K1 visa, so he proposed in May and we got married in June. We didnt plan to get married but we ended up doing so anyway... so now the dilemma is this:

 

He is still heading back to the Philippines for 3 weeks but he doesnt want me to, because it might complicate things if I go back there, and come back, since we are married already. We are thinking of filing for adjustment of status, but are worried as to when we should get my paperwork going-- whether before or after his trip to Manila. He has asked me to stay in our apartment, where both our names are on the lease, while he goes back there for a short vacation of 18 days. Should we start filing before he leaves on July 10th, or after he returns on July 28th? Could anyone tell us the steps we need to take, or let us know of their more recent experiences, and give us an overview of the process? Thanks a bunch to everyone who will weigh-in on this discussion!

[Jojo92122 1,924]

You are authorized to stay until August 5.  As long as you file for AOS before this date, you will not be out of status.

 

File now if you want to get started or wait.  Up to you.

 

Follow the Guides for the steps and overview of the process.  Read and then come back if you have questions.  

[geowrian 22,337]

AOS Guide: http://www.visajourney.com/content/i130guide2

Be sure to read all forms and instructions in full until you understand them.  Ask questions as needed.

 

When you file for AOS, you should also file an I-765 (EAD / work permit) and I-131 (AP / advance parole). If you leave the US without AP, your AOS will be deemed abandoned and you will need to obtain an immigrant visa abroad.

ETA for EAD/AP: ~3-6 months

 

It's fine to file before or after his trip. You won't be able to join him without going for an immigrant visa abroad instead of getting the green card while in the US. You cannot leave and then return with intent to stay...since you entered without intent to stay on your current trip, AOS is permitted.

Edited June 24, 2018 by geowrian

[KPL 7]

How much do immigration physicals generally cost?

[KPL 7]

hi everyone, just confirming filing fees. We wanna send these out by the end of the week, hopefully...

 

I-130: 535.00 USD

 

I-485: 1140.00 USD

Biometric fee: 85.00 USD

 

I-765: not sure about this, if were filing it together with the I-485, is it still 410.00? and do i still have to pay a separate 85.00 biometric fee?

 

[geowrian 22,337]

1 minute ago, KPL said:

hi everyone, just confirming filing fees. We wanna send these out by the end of the week, hopefully...

 

I-130: 535.00 USD

 

I-485: 1140.00 USD

Biometric fee: 85.00 USD

 

I-765: not sure about this, if were filing it together with the I-485, is it still 410.00? and do i still have to pay a separate 85.00 biometric fee?

Correct.

 

I-765 and I-131 (I suggest filing for both) have no fee when filed due to AOS. The only biometrics fee is for the I-485.

 

On 6/24/2018 at 5:27 PM, KPL said:

How much do immigration physicals generally cost?

You will have to call around to see what the prices are in your area.

https://my.uscis.gov/findadoctor

[KPL 7]

1 minute ago, geowrian said:

Correct.

 

I-765 and I-131 (I suggest filing for both) have no fee when filed due to AOS. The only biometrics fee is for the I-485.

 

You will have to call around to see what the prices are in your area.

https://my.uscis.gov/findadoctor

done with the physical.

 

as for the 131... it seems like i need a specific reason to go back in order to file for this... or am i mistaken?

[geowrian 22,337]

1 minute ago, KPL said:

as for the 131... it seems like i need a specific reason to go back in order to file for this... or am i mistaken?

It's not really needed for AP as a result of a pending I-485. The reason can be "as needed" or "unknown".

The I-131 is used for various purposes...some of which the reason is more important than others.

Edited July 5, 2018 by geowrian

[KPL 7]

4 minutes ago, geowrian said:

It's not really needed for AP as a result of a pending I-485. The reason can be "as needed" or "unknown".

The I-131 is used for various purposes...some of which the reason is more important than others.

i got that... so in this case, i would be applying for advanced parole, correct?

[geowrian 22,337]

1 minute ago, KPL said:

i got that... so in this case, i would be applying for advanced parole, correct?

It is suggested to do so in case you need to travel abroad and want to return to the US. If you don't use it, that's fine too But it's great to have if anything unplanned comes up (which we see happen pretty often on VJ).

[KPL 7]

3 minutes ago, geowrian said:

It is suggested to do so in case you need to travel abroad and want to return to the US. If you don't use it, that's fine too But it's great to have if anything unplanned comes up (which we see happen pretty often on VJ).

good to know... but what supporting documents would i need to attach to this if the reason is unknown?

[geowrian 22,337]

2 minutes ago, KPL said:

good to know... but what supporting documents would i need to attach to this if the reason is unknown?

Nothing...just the required documents. Here's what my wife sent when she filed for AP (this are all in addition to the I-485 documents, even if some are duplicates with the I-485):

• 2 x Passport-style photos of <applicant>.

• Printout of electronic I-94 issued to the applicant from CBP website.

• Photocopy of applicant’s passport’s bio page.

[KPL 7]

3 minutes ago, geowrian said:

Nothing...just the required documents. Here's what my wife sent when she filed for AP (this are all in addition to the I-485 documents, even if some are duplicates with the I-485):

• 2 x Passport-style photos of <applicant>.

   

• Printout of electronic I-94 issued to the applicant from CBP website.

   

• Photocopy of applicant’s passport’s bio page.

   

this has been extremely helpful! Thank you!

[KPL 7]

 

8 minutes ago, geowrian said:

Nothing...just the required documents. Here's what my wife sent when she filed for AP (this are all in addition to the I-485 documents, even if some are duplicates with the I-485):

• 2 x Passport-style photos of <applicant>.

   

• Printout of electronic I-94 issued to the applicant from CBP website.

   

• Photocopy of applicant’s passport’s bio page.

   

While were on the subject, what supporting documents do i need for the EAD concurrent filing?

[geowrian 22,337]

9 minutes ago, KPL said:

While were on the subject, what supporting documents do i need for the EAD concurrent filing?

I-765 Checklist: https://www.uscis.gov/system/files_force/files/form/m-1152.pdf

The main things are proof of identity (i.e. passport bio page) + 2 more passport style photos. The others won't apply to your case (except the G-28 if using an attorney) or require translations.

Edited July 5, 2018 by geowrian