Sponsoring a New Spouse (merged topics)

[AmeriCanadian91 3]

Hello, I am a US Citizen filing for PR for my husband (UK/Australian Citizen). I noticed that you can file the I-130 and I-765 online, but we're also filing for AOS (I-485), and all the other forms that go with that process that can't be filed online. I'd prefer filing online because it saves a bit more time with regards to bypassing "snail mail." However, my question is can I file everything concurrently if some forms are by mail and some are online? Will I still get the I-765 fee waived for filing with the AOS package? Should I file some online and some by mail, or just mail it all in? Ultimately, I want the employment authorization document ASAP, so I figured doing it online would yield a quicker turnaround, based on the VisaJourney timelines. Suggestions?

 

Also, I noticed in the timelines shown by each individual office that the processing time can vary greatly office-to-office (e.g. Tucson seems much quicker than San Francisco). Is there a way to choose these offices? I thought everything was only separated by the NVC, I didn't realize there are hundreds of offices, so I don't know where that comes in to play. We live in Santa Rosa, CA but would be willing to drive 10 hours to a different office, if we can choose, if it means expediting the process.

[arken 4,197]

Is your husband in the US?

[Letspaintcookies 2,310]

You can't choose an office. You'll automatically get assigned to your closest office. AOS will be processed at NBC first and then moves on to your field office. Work- and travel permit completely get processed at the NBC.

 

If you file I-130 online you'll immediately get a case number. You can print that out and attach it to the other applications to get the concurrent filing in order. Better send AOS, EAD and AP together per mail. You don't have to send it with USPS but can overnight it with a courier. 

[Letspaintcookies 2,310]

Oh and there will nothing happen ASAP doesn't matter how you file. That's one thing we can promise you 😉 If him working is important he should better return and work while you're doing consular processing cause you're looking at 6-8 months for the work permit.

[Boiler 45,516]

One of our esteemed members filed in January and was interviewed last week in California, now quite what your time line will be is difficult to say.

 

Their EAD took 8 months.

Edited October 15, 2021 by Boiler

[AmeriCanadian91 3]

21 minutes ago, arken said:

Is your husband in the US?

Yes, he is here on the Visa Waiver Program. He entered August 30 and his status expires around November 30, 2021.

[AmeriCanadian91 3]

14 minutes ago, Letspaintcookies said:

Oh and there will nothing happen ASAP doesn't matter how you file. That's one thing we can promise you 😉 If him working is important he should better return and work while you're doing consular processing cause you're looking at 6-8 months for the work permit.

When I say "ASAP" I don't mean right away, I mean As Soon As Possible. So if it's possible to get it approved quicker, even if it statistically is only a week or two quicker, I'd rather go that route. I know it'll be a long process no matter what, but we're prepared for that. I earn enough money to keep us going for the time being, but we're having to be really strict with our finances until he can get a job, so the sooner the better 😆

 

It doesn't make sense for him to move and get a job because he'll have to pay for plane tickets, separate rent, another car, furniture, food, etc. His job probably wouldn't be enough to live on and even if it were, we'd have to pay for everything before he starts working and we can't afford to pay for all that now, as we used most of our money to move to the US. 😟

26 minutes ago, Letspaintcookies said:

You can't choose an office. You'll automatically get assigned to your closest office. AOS will be processed at NBC first and then moves on to your field office. Work- and travel permit completely get processed at the NBC.

 

If you file I-130 online you'll immediately get a case number. You can print that out and attach it to the other applications to get the concurrent filing in order. Better send AOS, EAD and AP together per mail. You don't have to send it with USPS but can overnight it with a courier. 

Thanks, I'll try submitting I-130 online and mailing everything else in!

[AmeriCanadian91 3]

15 minutes ago, Boiler said:

One of our esteemed members filed in January and was interviewed last week in California, now quite what your time line will be is difficult to say.

 

Their EAD took 8 months.

Good to know! I'll definitely be watching all the timelines this forum offers like a hawk! haha

[Letspaintcookies 2,310]

26 minutes ago, AmeriCanadian91 said:

Good to know! I'll definitely be watching all the timelines this forum offers like a hawk! haha

Don't! It will drive you crazy 😉😂

He can always try to expedite the EAD. He can start looking for jobs and if he gets a job offer he can use that to ask for an expedite. Though biometrics have to be done first.

[AmeriCanadian91 3]

I met my first husband [Canadian Citizen] online in 2013. In March 2015, he came to stay with me in the US. We hadn't necessarily planned on him staying, we were just taking it one step at a time and seeing if our relationship would work after living together, and didn't think far enough ahead as to how he'd stay if things worked out. We got married and applied for AOS 4 months later and were approved in January 2016. In June 2017, however, we decided to move to Canada to live near his family, so I got my Canadian PR. As such, we never applied to remove conditions from his green card, nor did we surrender his green card or any of that. Honestly, we didn't really know if we had to do anything, since we didn't plan on moving back to the US. We eventually separated in June 2019 and subsequently divorced in February 2021 (we had to be separated at least a year to apply for divorce, and the divorce process took a looong time due to the pandemic).

 

I met my current spouse [UK/Australian Citizen] in November 2019. We moved in together (in Canada) November 2020 and got married August 2021. I received a job offer in California, so we moved to the US a month later. We attempted to apply for Direct Consular Filing, but it took a while to receive a response. My spouse came to the US as a visitor so he could help me move and settle into the new home, and since it wouldn't be financially viable for us to now pay for 2 homes, cars, etc. We expected to be approved for DCF, so we planned for him to leave the country before getting his green card. He didn't plan to stay and adjust status (we didn't even know he could do that, given the situation).

 

We soon found out that the moment I had left Canada, we were no longer eligible for DCF (which is a bummer because I initially contacted the consulate 3 months earlier to start the process!). Now we are preparing to apply for Adjustment of Status. From what I'm told, he should be ok to do that because he didn't enter the US with the intention of staying and adjusting status (and our emails with the Consulate are proof of that). However, I'm concerned that we may run into issues because I previously sponsored a spouse. We have plenty of proof of a bona fide marriage, and we were living together almost a year before we even got married, but should I be worried? Any advice on how to confront this possible red flag, such as attaching a letter explaining everything, like above? Also, is there something I'm supposed to file to remove my ex as my beneficiary? Meaning, am I still technically his sponsor, or is that all settled since he lives in Canada? I read somewhere that you still need to count them as part of your household on your I-864 and that you'd still be financially responsible for them, but that was for someone whose ex still lived in the US and didn't remove conditions. Does that apply to me?

 

 

[AmeriCanadian91 3]

3 hours ago, Letspaintcookies said:

Don't! It will drive you crazy 😉😂

He can always try to expedite the EAD. He can start looking for jobs and if he gets a job offer he can use that to ask for an expedite. Though biometrics have to be done first.

 Oh, thanks for that tip! We thought that because it's illegal for him to work, he'd have to wait to apply for jobs until after he got his work permit. But there are SO many jobs hiring out here that pay high wages because it's a high cost of living area, so he'd probably get an offer letter fairly easily.

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Ryan H 3,812]

~~~Similar topics merged~~~

[Letspaintcookies 2,310]

43 minutes ago, AmeriCanadian91 said:

 Oh, thanks for that tip! We thought that because it's illegal for him to work, he'd have to wait to apply for jobs until after he got his work permit. But there are SO many jobs hiring out here that pay high wages because it's a high cost of living area, so he'd probably get an offer letter fairly easily.

No it's completely fine to look and apply and interview. He just can't start until he has the work permit. But many have been able to expedite with a job offer.

[HRQX 4,145]

6 hours ago, AmeriCanadian91 said:

I noticed that you can file the I-130 and I-765 online

I-130 is the only one that can be filed online: https://www.uscis.gov/file-online/forms-available-to-file-online

Quote

I-765 | Application for Employment Authorization

 

Filing under one of these categories:

• (c)(3)(A) – Pre-completion OPT;
• (c)(3)(B) – Post-completion OPT;
• (c)(3)(C) – 24-month extension for science, technology, engineering and mathematics (STEM) students; or
• (a)(12) – Temporary Protected Status (You are submitting an initial Form I-821 or you have an approved Form I-821).

https://www.uscis.gov/news/news-releases/f-1-students-seeking-optional-practical-training-can-now-file-form-i-765-online "If an applicant submits Form I-765 online to request employment authorization on or after April 15, but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee."

 

The I-765 would be filed by paper with I-485, I-131, etc. and you'll select (c)(9)( ) category for the I-765. Also see: https://www.uscis.gov/i-485

Filing Forms I-765 and I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.