Q1 Visa married to a U.S. Citizen

[AngelaSpadaro 2]

Hello,

I'm Angela and I entered the United States, legally, with a Q1 Visa on March 11th. My visa is gonna expired on May 31st and I'm already married to my husband, that is a US citizen.My question is what do I need to do now? I know I need to file the I-130 form and that's all. Unfortunately, we're not able to afford a lawyer, but I'm pretty sure we can do this by our own! Waiting for some reply and I will appreciate your responses :)

[Quarknase 1,072]

14 minutes ago, AngelaSpadaro said:

Hello,

I'm Angela and I entered the United States, legally, with a Q1 Visa on March 11th. My visa is gonna expired on May 31st and I'm already married to my husband, that is a US citizen.My question is what do I need to do now? I know I need to file the I-130 form and that's all. Unfortunately, we're not able to afford a lawyer, but I'm pretty sure we can do this by our own! Waiting for some reply and I will appreciate your responses

Did you enter the US with a Q1 visa with the intent to get married and adjust status? If yes that would be immigration fraud.

or did you mean that you came on a K1 (fiancé) visa?

[Pinkrlion 2,716]

As a Q1, you have an additional 30 days after your visa expires to leave the country without an overstay.  You can file I-130 and then return home for adjudication.  

Edited May 17, 2020 by Pinkrlion

[AngelaSpadaro 2]

18 hours ago, Quarknase said:

Did you enter the US with a Q1 visa with the intent to get married and adjust status? If yes that would be immigration fraud.

or did you mean that you came on a K1 (fiancé) visa?

No, I came with a Q1 visa to work. I worked one year a Disney Springs and at work I met my actual husband. I forgot to say that I entered of March 11th of last year, my visa was for 15 months

Edited May 18, 2020 by AngelaSpadaro

[SusieQQQ 11,586]

14 minutes ago, AngelaSpadaro said:

No, I came with a Q1 visa to work. I worked one year a Disney Springs and at work I met my actual husband. I forgot to say that I entered of March 11th of last year, my visa was for 15 months

Well you can go back home to await visa processing or seeing as you are here you can file i485 with the i130 to adjust status. Read the guide at the top of the page for this, carefully. https://www.visajourney.com/guides/i130-spouse-inside-usa/ Bear in mind if you go the adjustment route you will have 4-6 months (possibly longer now) while waiting for AP/EAD where you will be unable to work here and unable to leave the US without abandoning the application. It will take months after that still before you get a green card. If not working or traveling is a problem you would do better to return home and await processing. Then see this guide https://www.visajourney.com/guides/ir1-spouse-visa/

Then depending which route you choose there are better forums on here for questions than this one 

for processing from abroad https://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-amp-procedures/

for adjustment of status https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

Edited May 18, 2020 by SusieQQQ

[AngelaSpadaro 2]

4 minutes ago, SusieQQQ said:

Well you can go back home to await visa processing or seeing as you are here you can file i485 with the i130 to adjust status. Read the guide at the top of the page for this, carefully. https://www.visajourney.com/guides/i130-spouse-inside-usa/ Bear in mind if you go the adjustment route you will have 4-6 months (possibly longer now) while waiting for AP/EAD where you will be unable to work here and unable to leave the US without abandoning the application. It will take months after that still before you get a green card. If not working or traveling is a problem you would do better to return home and await processing. Then see this guide https://www.visajourney.com/guides/ir1-spouse-visa/

Then depending which route you choose there are better forums on here for questions than this one 

for processing from abroad https://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-amp-procedures/

for adjustment of status https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

Thank you so much for your information! I would rather stay here and do the application there's no problem at all, even because in Italy there're still some issues due Covid-19 plus the flights for Italy are suuuper expensive right now and you barely find one and I know that the flights from Europe to USA and banned still and I will not be back I don't know how much. 

I just wanted to know if you have to send it by paper or you can file online, because here in Florida the offices are still closed. 

[geowrian 22,337]

1 hour ago, AngelaSpadaro said:

Thank you so much for your information! I would rather stay here and do the application there's no problem at all, even because in Italy there're still some issues due Covid-19 plus the flights for Italy are suuuper expensive right now and you barely find one and I know that the flights from Europe to USA and banned still and I will not be back I don't know how much. 

I just wanted to know if you have to send it by paper or you can file online, because here in Florida the offices are still closed. 

The I-485 can only be filed by paper. So it's better to just file both packets by paper at the same time...otherwise you would have to file the I-130 online, wait for the NOA1, then file the I-485 and hope USCIS matches them up properly.

 

The packet is sent to a lockbox, not local field office.

https://www.uscis.gov/i-130-addresses

Quote

If you are filing Form I-130 with Form I-485, and you live in the United States

 

Mail your application to:

USCIS Chicago Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

 

For FedEx, UPS, and DHL deliveries:

USCIS
FBAS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

 

[AngelaSpadaro 2]

4 hours ago, geowrian said:

The I-485 can only be filed by paper. So it's better to just file both packets by paper at the same time...otherwise you would have to file the I-130 online, wait for the NOA1, then file the I-485 and hope USCIS matches them up properly.

 

The packet is sent to a lockbox, not local field office.

https://www.uscis.gov/i-130-addresses

 

Ok, thank you! So you can confirm that you can do everything without a lawyer, right? i'm kinda scared to do something wrong and to forget about something, but I want to do everything on my own even if I can afford a lawyer, but I don't know

[SusieQQQ 11,586]

1 minute ago, AngelaSpadaro said:

Ok, thank you! So you can confirm that you can do everything without a lawyer, right? i'm kinda scared to do something wrong and to forget about something, but I want to do everything on my own even if I can afford a lawyer, but I don't know

Again... read the guides, and if there is something you’re unsure about after that, post in the appropriate forum (read through them first too, your question is most likely already asked and answered)

[AngelaSpadaro 2]

Just now, SusieQQQ said:

Again... read the guides, and if there is something you’re unsure about after that, post in the appropriate forum (read through them first too, your question is most likely already asked and answered)

ok, thank you!

[Just Paul 4,595]

29 minutes ago, AngelaSpadaro said:

ok, thank you!

Follow the guides here.  File the 130/130A packet, the complete AOS packet with AP and EAD, I-864 and don't forget the new I-944 (not in the guides here).  It is all pretty straight forward except folks have some issues around getting the documentation for the I-944, which isn't anything an attorney can help you with.

 

What you are doing is called a concurrent filing.