Grounds to adjust status

[Jess&Rob 9]

What would be grounds to adjust status?

 

I, the beneficiary am in the US with my husband the petitioner.  He is currently filing the petition. However, we were wondering if I am able to adjust status.  My husband has a debilitating genetic disease and I take care of him. Also Because of covid I cannot go back and stay with my elderly parents where I was staying before

 

any help would be greatly appreciiated! 

[pushbrk 12,898]

2 minutes ago, Jess&Rob said:

What would be grounds to adjust status?

 

I, the beneficiary am in the US with my husband the petitioner.  He is currently filing the petition. However, we were wondering if I am able to adjust status.  My husband has a debilitating genetic disease and I take care of him. Also Because of covid I cannot go back and stay with my elderly parents where I was staying before

 

any help would be greatly appreciiated! 

You will do a joint filing of I-130, I-485, I-131 and I-765.  You're here legally and now want to adjust status.  Just do it.  

[millefleur 5,046]

**Moved from  IR-1 / CR-1 Spouse Visa Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; topic is AOS**

[Jess&Rob 9]

1 minute ago, pushbrk said:

You will do a joint filing of I-130, I-485, I-131 and I-765.  You're here legally and now want to adjust status.  Just do it.  

Thank you! And adjusting status means I can stay here legally throughout the whole process correct? Would that mean I do the interview here, or would I still travel back to Montreal or that?

[HRQX 4,145]

15 minutes ago, Jess&Rob said:

Would that mean I do the interview here,

Yes. Inside the US at your local USCIS field office.

15 minutes ago, Jess&Rob said:

And adjusting status means I can stay here legally throughout the whole process correct?

Yes. Reminder that if you leave the US before I-131 is approved then your pending I-485 will automatically be deemed abandoned.

Edited July 30, 2020 by HRQX

[Jess&Rob 9]

2 minutes ago, HRQX said:

Yes. Inside the US at your local USCIS field office.

Yes. Reminder that if you leave the US before I-131 is approved then your pending I-485 will automatically be deemed abandoned.

What is the purpose of the I-131

Just now, Jess&Rob said:

What is the purpose of the I-131

Do We send all these forms in at the same time.. or is there a certain order?  

[igoyougoduke 1,656]

8 minutes ago, Jess&Rob said:

What is the purpose of the I-131

Do We send all these forms in at the same time.. or is there a certain order?  

I-131 is called as advance parole that allows you leave and enter US under parole status. this is a document that is provided until your green card is approved. you need to make sure that I-131 is approved before you leave united states after filing your application. if you leave before its approval, you are going to have trouble entering back into US

[Boiler 45,542]

Strongly suggest a read of the guides on here to get the basics down.

[igoyougoduke 1,656]

11 minutes ago, Jess&Rob said:

What is the purpose of the I-131

Do We send all these forms in at the same time.. or is there a certain order?  

Yes you send all the applications in one single mail package.  you can start by reading here 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

https://www.uscis.gov/forms/explore-my-options/us-citizen-petition-for-an-immediate-relative-to-become-a-lawful-permanent-resident

[Jess&Rob 9]

8 minutes ago, James120383 said:

I-131 is called as advance parole that allows you leave and enter US under parole status. this is a document that is provided until your green card is approved. you need to make sure that I-131 is approved before you leave united states after filing your application. if you leave before its approval, you are going to have trouble entering back into US

What if it’s not approved before the date I’m supposed to return home - December 16,2020

[HRQX 4,145]

3 minutes ago, Jess&Rob said:

What is the purpose of the I-131

https://www.uscis.gov/i-131 It's optional but highly recommended. It's also free.

The form has multiple uses, but you'll use it to request Advance Parole (Form I-512) as an Adjustment applicant. If you leave the US before USCIS approves Advance Parole then the pending I-485 application is automatically deemed abandoned per 8 CFR 245.2(a)(4)(ii) https://www.law.cornell.edu/cfr/text/8/245.2

Just now, Jess&Rob said:

What if it’s not approved before the date I’m supposed to return home - December 16,2020

You can still wait inside the US after that day. As a pending Adjustment applicant you won't have status, but you'll be in a period of stay authorized by the Secretary of Homeland Security.

[igoyougoduke 1,656]

7 minutes ago, Jess&Rob said:

What if it’s not approved before the date I’m supposed to return home - December 16,2020

than you will have difficulty getting back in. its a must to have that card in hand before you leave outside united states after starting the process.

[Jess&Rob 9]

3 minutes ago, James120383 said:

than you will have difficulty getting back in. its a must to have that card in hand before you leave outside united states after starting the process.

But i won’t get in trouble if I stay even if it’s past that date   Also we are filing I-130 online. It seems the others aren’t available to file online?

Edited July 30, 2020 by Jess&Rob

[igoyougoduke 1,656]

4 minutes ago, Jess&Rob said:

But i won’t get in trouble if I stay even if it’s past that date 

that is correct. once you file your application you have something called as "authorized stay". During this period you can stay in the United states until you become a permanent resident aka green card 

 

i believe your status can qualify for expedited processing of the application due to your husbands condition and your elderly  parents in canada 

Edited July 30, 2020 by James120383

[Jess&Rob 9]

2 minutes ago, James120383 said:

that is correct. once you file your application you have something called as "authorized stay". During this period you can stay in the United states until you become a permanent resident aka green card 

 

i believe your status can qualify for expedited processing of the application due to your husbands condition and your elderly  parents in canada 

Thank you and you’re talking about the adjustment of status correct? Not just the I-130?

 

where can I find out if I am eligible for expedited processing ?