B2 visa applying for AOs thru marriage

[ZenZzen 0]

Hi! My husband and I just got the approval letter of the form I-130. We’ll be mailing I-485 today to the USCIS Chicago Center. The things is im in tourist visa and we got married March of last year. We don’t have any joint accounts because the bank is asking for my SSN which I dont have at the moment. 

How long will my AOS take? Thank you. 

[geowrian 22,337]

Depends on local USCIS field office. Check their processing times. https://egov.uscis.gov/processing-times/

Many offices are taking a year or so. Some longer. A few are taking only a few to several months.

 

Edit: Assuming your profile is correct and you live in Pittsburgh, expect around a year or so - 11.5 to 23 months (50% to 93% adjudication rate).

Edit 2: The profile was updated to show San Francisco now.

Edited January 11, 2019 by geowrian

[geowrian 22,337]

Also, instead of AOS you can go through consular processing abroad. With an approved I-130, you're looking at only like 3-4 months. Then you will have a green card upon entry....letting you work and travel abroad.

Edit: This is assuming you haven't overstayed your visa by at least 180 days (no overstay was mentioned but it wasn't explicitly stated otherwise either).

Edited January 11, 2019 by geowrian

[ZenZzen 0]

Thank you for answering. I already iverstayed my tourist visa. I was supposed to leave USA last June 2018. But I got married here last March 2018 so I didnt leave the USA and just processes my papers instead. 

[geowrian 22,337]

1 minute ago, ZenZzen said:

Thank you for answering. I already iverstayed my tourist visa. I was supposed to leave USA last June 2018. But I got married here last March 2018 so I didnt leave the USA and just processes my papers instead. 

Gotcha. Then completing the process abroad would result in a 10 year bar. AOS would not have this issue.

 

That said, you could have filed for AOS back in March when you got married. No need to wait until the I-130 was approved as the spouse of a USC.

[ZenZzen 0]

Does that mean I can still apply for EAD? Because we will be mailing our I-485 today. 

[geowrian 22,337]

3 minutes ago, ZenZzen said:

Does that mean I can still apply for EAD? Because we will be mailing our I-485 today. 

Yes. You file the I-765 for an EAD (and file an I-131 for AP too!) alongside the I-485. It can all be sent in one packet.

There's no charge for either form when filed alongside (or due to) AOS.

 

The I-765 category to enter is (c)(9). You'll know what that means when you review the form.

Edited January 11, 2019 by geowrian

[ZenZzen 0]

Thank you so much! I appreciate it. 

[FluffyBalls 52]

Why didn't you file the I485 (and EAD/AP) right after you married? Depending on your location, you would either have the green card now or would be pretty far along in the interview queue. Our lawyer stressed getting the I485 turned in before the B2 expired to prevent any "lapses" in authorized stay.

 

Send the AP/EAD app with the I485 so they can get working on the SSN and so that you can travel abroad in the event of an emergency. It's taking 4-6 months nowadays.

 

San Francisco field office looks pretty bad - 17 to 35.5 months for the I-485. So you'll probably be waiting at least a year. That said, anything can happen - people have randomly gotten interviews a few months after filing the I485 in busy locations.

Edited January 11, 2019 by FluffyBalls

[ZenZzen 0]

Regarding the AP, what should I put on “intended travel date” ? 

[geowrian 22,337]

Just now, ZenZzen said:

Regarding the AP, what should I put on “intended travel date” ? 

If none in particular is planned, then "As needed" or "TBD".

The I-131 is used for many different purposes. For AP due to AOS, the reason/date/explanation for travel isn't important.

[ZenZzen 0]

As per EAD, i think i dont fit in ang category to apply. I have B2 visa (tourist visa) . I am not eligible for c(9) T noniigrant visa because im not a victim of trafficking. 

[little immigrant 801]

Per instructions on page 11 

 

Adjustment of Status Categories
1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to 
Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or 
other evidence that your Form I-485 is pending.

 

On the I-765 under part 2 item number 27 eligibility category you'll enter c 9

 

Hope this helps. 

[geowrian 22,337]

32 minutes ago, ZenZzen said:

As per EAD, i think i dont fit in ang category to apply. I have B2 visa (tourist visa) . I am not eligible for c(9) T noniigrant visa because im not a victim of trafficking. 

https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization

(c)(9)

Pending adjustment of status under Section 245 of the Act

 

[dentsflogged 352]

2 hours ago, little immigrant said:

Per instructions on page 11 

 

Adjustment of Status Categories
1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to 
Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or 
other evidence that your Form I-485 is pending.

 

On the I-765 under part 2 item number 27 eligibility category you'll enter c 9

 

Hope this helps. 

Would you not use the whole 245-(c)(9) in the three boxes, or just leave the first blank and use the C-9?    Mine is already filled and ready to go but now I'm double-thinking!