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Bonmerci

B2 Visitor Visa, overstayed, Married, AOS (merged topics)

By Bonmerci in Adjustment of Status from Work, Student, & Tourist Visas

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Bonmerci Rookie

Bonmerci   2

Posted
Filed: AOS (pnd) Country: Haiti
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Posted

Hello,

 

Quick background story:

 

I entered US in July of 2020 on visitor visa with a validity period of 6 months. Due to Covid and everything I ended up staying & got married to my then boyfriend, now husband. We got married in June of 2021 which means I overstayed my visa for about 5-6 months before getting married. We are applying right now to send out (couldn’t send sooner due to unforeseen circumstances) and I am stuck on Part 2; question 2 where they ask: Are you applying for adjustment based on the Immigration and Nationality act (INA) section 245(I). They’re also saying if I check yes to this question, I have to file an additional supplement A form. 
 

I’m not sure if this applies to me as I came in on visitor visa with no intentions to marry then all of a sudden did and overstayed my visa before officially getting married.


May someone who is verse in this or have experience in filing in this manner inform me of what to do? I want to make sure I don’t miss any additional forms or payments that’s due to be sent out with this I-485. Thanks!

F4C11962-6169-43EB-AE03-37F6F1C6D46C.jpeg

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Crazy Cat Grand Master

Crazy Cat   41,366

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

The answer is "No".  You are not applying under that statute. 

Edited by Crazy Cat

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Bonmerci Rookie

Bonmerci   2

Posted
Filed: AOS (pnd) Country: Haiti
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On 10/23/2021 at 9:57 AM, Crazy Cat said:

The answer is "No".  You are not applying under that statute. 

@Crazy Cat Do I need to file an I-130 along with my I-485? If so, is that an additional payment feee outside of the AOS fee?

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Bonmerci Rookie

Bonmerci   2

Posted
Filed: AOS (pnd) Country: Haiti
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Posted

Hello,

 

do I need to file an I130 along with my AOS? 
 

I came in on a B2 visa, overstayed, married, and now am applying for AOS. Do I just fill out AOS and pay $1225 fee or do I have to add the I130 along with it? If so, do I have to pay for the I-130 as well? 

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SalishSea Grand Master

SalishSea   17,566

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
39 minutes ago, Bonmerci said:

Hello,

 

do I need to file an I130 along with my AOS? 
 

I came in on a B2 visa, overstayed, married, and now am applying for AOS. Do I just fill out AOS and pay $1225 fee or do I have to add the I130 along with it? If so, do I have to pay for the I-130 as well? 

Yes, and yes.

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Bonmerci Rookie

Bonmerci   2

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Filed: AOS (pnd) Country: Haiti
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4 minutes ago, Jorgedig said:

Yes, and yes.

Okay so just to be clear: I need to fill out AOS and I-130 together and that means the total fee will be 

$1225 + $535? 

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SalishSea Grand Master

SalishSea   17,566

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
Just now, Bonmerci said:

Okay so just to be clear: I need to fill out AOS and I-130 together and that means the total fee will be 

$1225 + $535? 

Yes.

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Mike E Grand Master

Mike E   11,734

Posted
Filed: Citizen (apr) Country: Myanmar
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Posted
1 hour ago, Bonmerci said:

Hello,

 

do I need to file an I130 along with my AOS? 
 

I came in on a B2 visa, overstayed, married, and now am applying for AOS. Do I just fill out AOS and pay $1225 fee or do I have to add the I130 along with it? If so, do I have to pay for the I-130 as well? 

Follow the process laid out for you in 

 

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Mike E Grand Master

Mike E   11,734

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Filed: Citizen (apr) Country: Myanmar
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14 minutes ago, Bonmerci said:

Thank you! 

Sorry since you are trying to adjust from within (inside) the USA, I gave your the wrong link.  
 

This  is the correct link:

 

https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

 

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Zenchi Apprentice

Zenchi   18

Posted
Filed: AOS (apr) Country: Canada
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Posted
On 11/2/2021 at 9:40 AM, Bonmerci said:

@Crazy Cat Do I need to file an I-130 along with my I-485? If so, is that an additional payment feee outside of the AOS fee?

Yes, you will need to file both an I-130 and I-485 which you can do concurrently. They both have their own fees. I also suggest filing I-765 for employment authorization and I-131 for advanced parole with your I-485 if you plan to leave the country before obtaining a green card. The I-693, Medical Examination of Aliens Seeking Adjustment of Status and I-864, Affidavit of Support will also need to be completed with the I-485. This link has great information about all of these forms and their relation to the AOS filing.

 

https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

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