Married on a Tourist Visa

[bradoony 54]

Hello everybody, I would first like the start off by saying I'm not familiar at all with the visa process. My fiance and I had been dating for a year. She came on a j1 work and travel (for 4 summers). We met last summer. She left and we were apart for 4 months. She applied for a visitor visa in Bulgaria and it got approved for 6 months. She has been here for 4 months now and I decided to propose and then we shortly got married after. What steps must I take now?

[Lil bear 4,201]

8 minutes ago, bradoony said:

Hello everybody, I would first like the start off by saying I'm not familiar at all with the visa process. My fiance and I had been dating for a year. She came on a j1 work and travel (for 4 summers). We met last summer. She left and we were apart for 4 months. She applied for a visitor visa in Bulgaria and it got approved for 6 months. She has been here for 4 months now and I decided to propose and then we shortly got married after. What steps must I take now?

Assuming you intend to live together here in the US .. There are two legal options open to you... 

1 begin the filing for a spouse visa .. she returns home and waits out the process there 

2. She applies to adjust her status to permanent resident while remaining here in the US

 

each way has different pros and cons and you should choose the one that best suits your circumstances 

 

Edited May 13, 2020 by Lil bear

[bradoony 54]

We plan on living here and I do not want her to go back. I am aware of the "1-130" form ; but i know there is an AOS form also (I485). Do I do the I130 first or the 485?

[geowrian 22,337]

1 minute ago, bradoony said:

We plan on living here and I do not want her to go back. I am aware of the "1-130" form ; but i know there is an AOS form also (I485). Do I do the I130 first or the 485?

They would be filed concurrently for your purpose.

Guide:

 

Note than an I-944 is also needed now. This is not updated in the guide yet.

[bradoony 54]

2 minutes ago, geowrian said:

They would be filed concurrently for your purpose.

Guide:

 

Note than an I-944 is also needed now. This is not updated in the guide yet.

 

Ok so far from my understand I need to file for:

 

1. I-130 , I-485, and I-944 concurrently. 

 

Is it possible to file concurrently on the USCIS website?

[geowrian 22,337]

4 minutes ago, bradoony said:

Ok so far from my understand I need to file for:

 

1. I-130 , I-485, and I-944 concurrently. 

 

Is it possible to file concurrently on the USCIS website?

You need an I-130 packet and I-485 packet.

 

The I-130 packet needs an I-130 + I-130A, along with supporting evidence (see the table in the guide).

 

The I-485 packet needs the I-944 + I-864, along with supporting evidence of each form.

It is highly advised to file the I-765 for work authorization and I-131 for travel authorization (to be able to exit the US and return w/o abandoning AOS and completing a visa process abroad). No extra fees for them.

 

You cannot concurrently file online. If you really want to file online, you would file the I-130 packet online, then have to wait for the paper NOA1 in order to file the I-485 packet.

It's simpler & faster to just file everything on paper at this time. At least until they make the I-485 electronic.

[bradoony 54]

1 minute ago, geowrian said:

You need an I-130 packet and I-485 packet.

 

The I-130 packet needs an I-130 + I-130A, along with supporting evidence (see the table in the guide).

 

The I-485 packet needs the I-944 + I-864, along with supporting evidence of each form.

It is highly advised to file the I-765 for work authorization and I-131 for travel authorization (to be able to exit the US and return w/o abandoning AOS and completing a visa process abroad). No extra fees for them.

 

You cannot concurrently file online. If you really want to file online, you would file the I-130 packet online, then have to wait for the paper NOA1 in order to file the I-485 packet.

It's simpler & faster to just file everything on paper at this time. At least until they make the I-485 electronic.

Ok - So Once I complete both packets, do I send them in together at the same time? Would I send both packets together in the same envelope? Or do you suggest to file the I-130 online and then wait for the NOA1 and then submit the I485?

 

And If i filed everything on paper just include the I-795 and I-131 together with the other two packets ? (sorry for the jumbled up questions, just super new to this visa process and it overwhelms me a bit). I'm just think that if I send me papers in the mail, will USCIS even receive them with all the government shutdowns going on.......

[milimelo 4,477]

~Moved to AOS from tourist, student, or work visa. ~

[geowrian 22,337]

2 minutes ago, bradoony said:

Ok - So Once I complete both packets, do I send them in together at the same time? Would I send both packets together in the same envelope? Or do you suggest to file the I-130 online and then wait for the NOA1 and then submit the I485?

 

And If i filed everything on paper just include the I-795 and I-131 together with the other two packets ? (sorry for the jumbled up questions, just super new to this visa process and it overwhelms me a bit). I'm just think that if I send me papers in the mail, will USCIS even receive them with all the government shutdowns going on.......

If it were me, I would file both packets by paper. You would put both in the same envelope, although I would personally separate them within the envelope (binder clips or folders are fine).

 

Yeah, they would be in the same envelope as well...again separated with binder clips or folders.

[bradoony 54]

1 minute ago, geowrian said:

If it were me, I would file both packets by paper. You would put both in the same envelope, although I would personally separate them within the envelope (binder clips or folders are fine).

 

Yeah, they would be in the same envelope as well...again separated with binder clips or folders.

ok i will do that then. I'm going to have to start on all of this this week. So, after I send in the concurring packets (I-30 and I-485 packets) and when my fiances visa expires in July, will she have an issue with immigration, even though we will file before the ESTA visa expires?

[geowrian 22,337]

2 minutes ago, bradoony said:

ok i will do that then. I'm going to have to start on all of this this week. So, after I send in the concurring packets (I-30 and I-485 packets) and when my fiances visa expires in July, will she have an issue with immigration, even though we will file before the ESTA visa expires?

Once properly filed, she will have an authorized period of stay while the case is pending. It's not a legal status technically, but she doesn't need to leave the US. She can remain and wait out the adjudication of the forms.

[pushbrk 12,882]

20 minutes ago, geowrian said:

If it were me, I would file both packets by paper. You would put both in the same envelope, although I would personally separate them within the envelope (binder clips or folders are fine).

 

Yeah, they would be in the same envelope as well...again separated with binder clips or folders.

Two separate checks as well.  

15 minutes ago, geowrian said:

Once properly filed, she will have an authorized period of stay while the case is pending. It's not a legal status technically, but she doesn't need to leave the US. She can remain and wait out the adjudication of the forms.

Actually, she MUST wait.  If she leaves, she won't get back in.

[Lucky2Lucky 2,526]

Please review the AOS guides on this site and all requirements needed as well as what this entails for your wife. She will not be able to work or leave the country for approximately 6+ months. If your income is not sufficient you will need to find someone who would be willing to be a joint sponsor. Start reading/researching 🙂

[Boiler 45,486]

10 hours ago, bradoony said:

ok i will do that then. I'm going to have to start on all of this this week. So, after I send in the concurring packets (I-30 and I-485 packets) and when my fiances visa expires in July, will she have an issue with immigration, even though we will file before the ESTA visa expires?

ESTA? Sounds like she is here on a B2.

[Crazy Cat 41,845]

12 hours ago, bradoony said:

Hello everybody, I would first like the start off by saying I'm not familiar at all with the visa process. My fiance and I had been dating for a year. She came on a j1 work and travel (for 4 summers). We met last summer. She left and we were apart for 4 months. She applied for a visitor visa in Bulgaria and it got approved for 6 months. She has been here for 4 months now and I decided to propose and then we shortly got married after. What steps must I take now?

Be aware of the travel and work restrictions associated with Adjustment of Status.......good luck.