Form I-130 or Form I-485

[payxibka 10,045]

4 minutes ago, ra0010 said:

. Of course it depends on a number of factors that are up to the couple to prove, 

Actually it's the other way around.   Burden is on the uscis

[Rocio0010 5,579]

1 minute ago, payxibka said:

Actually it's the other way around.   Burden is on the uscis

Well, that's good to know then. I'm just a scary chicken then😂😂😂

[malajoe 100]

On 4/29/2020 at 2:22 PM, Shutout said:

She wants to stay here and adjust status.

Research Concurrent filing. My husband and I did the same thing. I filed for 130,130A, 131,485,765,944 and 864ez. I made errors on the I 944 so got a rejection notice. refiled everything this past week. The i 944 is a pain in the butt. Refer to the USCIS website for all updated forms and instruction. Also the people on here might be your biggest resource. Good luck with everything

Edited April 30, 2020 by malajoe

[Rocio0010 5,579]

4 minutes ago, geowrian said:

direct misrepresentation at the border to CBP questions

Just curious, can you provide an example of said questions?

Not contradicting you. Just asking

[malajoe 100]

1 minute ago, ra0010 said:

Just curious, can you provide an example of said questions?

Not contradicting you. Just asking

Basically you have to prove it wasn't the intention to come to the US and get married when you entered. How long was she here when you guys got married. I think there is some 90 day precaution.

[geowrian 22,337]

1 minute ago, ra0010 said:

Just curious, can you provide an example of said questions?

Not contradicting you. Just asking

Sure. For instance, asking about the purpose for the visit and stating that it's to attend x conference. But then never going to said conference and instead marrying and filing for AOS.

Note that was an VWP entrant, which has less protections actually via VWP entrants waiving their right to contest removal.

 

[payxibka 10,045]

Just now, malajoe said:

Basically you have to prove it wasn't the intention to come to the US and get married when you entered. How long was she here when you guys got married. I think there is some 90 day precaution.

They don't need to prove lack of intent at the interview.  Question of intent was already determined at entry.

[malajoe 100]

1 minute ago, payxibka said:

They don't need to prove lack of intent at the interview.  Question of intent was already determined at entry.

Thats true. I think they will be ok. My husband is also adjusting from B2 but I am not worried about it

[Shutout 0]

On 4/30/2020 at 7:58 PM, malajoe said:

Research Concurrent filing. My husband and I did the same thing. I filed for 130,130A, 131,485,765,944 and 864ez. I made errors on the I 944 so got a rejection notice. refiled everything this past week. The i 944 is a pain in the butt. Refer to the USCIS website for all updated forms and instruction. Also the people on here might be your biggest resource. Good luck with everything

If you don’t mind me asking... what kind of errors?

 

Also for places where it asks for her current address, i would put our US address and not her Mexico address?

[Shutout 0]

Thanks for the help everyone.

 

also does anyone know if I am allowed to add her to my company’s health insurance while the paperwork is processing? Or do I have to wait until she receives her residency card.

[payxibka 10,045]

8 minutes ago, Shutout said:

Thanks for the help everyone.

 

also does anyone know if I am allowed to add her to my company’s health insurance while the paperwork is processing? Or do I have to wait until she receives her residency card.

I added a year before her green card 

[Just Paul 4,595]

57 minutes ago, Shutout said:

Thanks for the help everyone.

 

also does anyone know if I am allowed to add her to my company’s health insurance while the paperwork is processing? Or do I have to wait until she receives her residency card.

If you are within the period allowed by the insurer/company you can.  Otherwise you have to wait until open enrolment.

[Joe Minero 4]

Hey Shutout you are in the same boat as me.   My girlfriend came on a tourist VISA and we decided to marry and adjust status.    You are getting some bad advice such as "get a lawyer" or "leave and file K1 or CR1".    As long as you can truthfully state your girlfriend did not come on a tourist VISA to marry then you are fine.   A lot of people do this.  The shortest route to a green card is to file for adjustment of status.   Follow the other advice on this thread by following the VJ guide two people helpfully posted for you, i.e. file an i-130 (first), I-485 shortly after, plus I-765 (to get a SSN faster even if she does not intend to work), an i-864 and maybe an i-131.    You will eventually need an i-693 but timing on that is tricky right now.   They are only good for 60 days so the usual advice is to wait until you get an interview date.   But for some people the interviews are waived during the shutdown.  

[Joe Minero 4]

1 hour ago, Shutout said:

If you don’t mind me asking... what kind of errors?

 

Also for places where it asks for her current address, i would put our US address and not her Mexico address?

If you are adjusting status her current address is inside the US.

[malajoe 100]

10 hours ago, Joe Minero said:

Hey Shutout you are in the same boat as me.   My girlfriend came on a tourist VISA and we decided to marry and adjust status.    You are getting some bad advice such as "get a lawyer" or "leave and file K1 or CR1".    As long as you can truthfully state your girlfriend did not come on a tourist VISA to marry then you are fine.   A lot of people do this.  The shortest route to a green card is to file for adjustment of status.   Follow the other advice on this thread by following the VJ guide two people helpfully posted for you, i.e. file an i-130 (first), I-485 shortly after, plus I-765 (to get a SSN faster even if she does not intend to work), an i-864 and maybe an i-131.    You will eventually need an i-693 but timing on that is tricky right now.   They are only good for 60 days so the usual advice is to wait until you get an interview date.   But for some people the interviews are waived during the shutdown.  

He needs to file all his paperwork at the same time. It's called concurrent filing. 130, 485,765,864/864ez, 944 and 131. The whole jazz. I did the same but had errors on my 944 so got rejected and refiled recently.