Timeline and work authorization

[Zeldadla 3]

I am SO relieved I found this place! Hi everyone! I am a German citizen and a permanent U.S. resident (eligible to apply for citizenship in January of 2023). My boyfriend is from Colombia and currently in the U.S. on a tourist visa. We met two months ago (shortly after he arrived) and have spent a lot of time together since (he is staying at my place most of the time). We really want to stay together and are very worried about being separated longterm when he has to return to Colombia in February. We met with a lawyer and were told that it would look suspicious if we got married and I petitioned for him.  I was wondering if you could help us figure this out:

 

a) Does it look suspicious if we marry 3-4 months after meeting? We can show evidence (chat logs, pictures, receipts of things we did together, etc.) and we are getting to know each other very well because we spend so much time together.

b) The lawyer told us that if we marry in January and submit the I-130, we could apply for adjustment of status and he wouldn't have to leave the country. Is this correct? He is currently on a tourist visa. 

c) Where in the process is the interview?

d) How soon would he be allowed to work in the U.S. during this process? 

 

Thank you all so much! My own greencard is employer-based with a lawyer, so it was pretty straightforward and easy...

 

 

 

Edited November 6, 2021 by Zeldadla

[Chancy 6,241]

*** Moved from Bringing Family of LPR forum to AOS from Work/Student/Tourist Visas forum ***

 

22 minutes ago, Zeldadla said:

b) The lawyer told us that if we marry in January and submit the I-130, we could apply for adjustment of status and he wouldn't have to leave the country. Is this correct? He is currently on a tourist visa. 

 

Note that your spouse-to-be has a very short window for being eligible to adjust status based on marriage to you.  He must have a properly filed I-485 package before his I-94 expires.  Up to you to weigh the risks between marrying and filing ASAP vs waiting closer to I-94 expiry.

 

27 minutes ago, Zeldadla said:

d) How soon would he be allowed to work in the U.S. during this process? 

 

Current estimate for processing of EAD work permit is 9 to 10 months.  Select I-765, then National Benefits Center here -- https://egov.uscis.gov/processing-times/

 

[Boiler 45,445]

Visa Bulletin is current now may not be in January

[Zeldadla 3]

1 hour ago, Chancy said:

*** Moved from Bringing Family of LPR forum to AOS from Work/Student/Tourist Visas forum ***

 

 

Note that your spouse-to-be has a very short window for being eligible to adjust status based on marriage to you.  He must have a properly filed I-485 package before his I-94 expires.  Up to you to weigh the risks between marrying and filing ASAP vs waiting closer to I-94 expiry.

 

 

Current estimate for processing of EAD work permit is 9 to 10 months.  Select I-765, then National Benefits Center here -- https://egov.uscis.gov/processing-times/

 

 

28 minutes ago, Boiler said:

Visa Bulletin is current now may not be in January

Thank you both! So you would recommend getting married ASAP? Based on what the lawyer said, the longer we wait, the less suspicious it looks? I just really don't have a sense of the possibility of USCIS determining it's a fraudulent marriage since it's only been two months...I do feel confident that we can show enough evidence and knowledge of each other, but the lawyer made me a bit fearful...

[Boiler 45,445]

Going to be a loooong time before you interview.

[HRQX 4,145]

8 hours ago, Zeldadla said:

marriage since it's only been two months...

Thus why USCIS issues a 2-year GC when the marriage is less than 2 years old when I-485 is approved. See INA 216(h)(1):

Quote

The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)-

(A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States,

(B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or

(C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,

by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title.

 

9 hours ago, Zeldadla said:

I am a German citizen and a permanent U.S. resident

Then he shouldn't work without authorization, etc. as INA 245(c) lists out certain adjustment bars:

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

8 hours ago, Zeldadla said:

So you would recommend getting married ASAP?

Yes, marry ASAP and subsequently file the paperwork. I-130 and I-864 are filled-out by the LPR, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

He'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Edited November 7, 2021 by HRQX

[Zeldadla 3]

12 hours ago, HRQX said:

Thus why USCIS issues a 2-year GC when the marriage is less than 2 years old when I-485 is approved. See INA 216(h)(1):

 

Then he shouldn't work without authorization, etc. as INA 245(c) lists out certain adjustment bars:

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Yes, marry ASAP and subsequently file the paperwork. I-130 and I-864 are filled-out by the LPR, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

He'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Thank you SO much! This is super helpful! I 

[HRQX 4,145]

5 hours ago, Zeldadla said:

Thank you SO much! This is super helpful! I 

I just noticed that a few weeks ago the Lockbox filing location may have changed depending on where you live.

you live in:

• Alaska
• California
• Commonwealth of the Northern Mariana Islands
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Guam
• Hawaii
• Illinois
• Indiana
• Iowa
• Kansas
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• Nebraska
• New Hampshire
• New Jersey
• New York
• North Carolina
• North Dakota
• Ohio
• Oregon
• Pennsylvania
• Puerto Rico
• Rhode Island
• South Carolina
• South Dakota
• Texas
• U.S. Virgin Islands
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin

Then file at:

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS
Attn: AOS (Box 805887)
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

 

you live in:

• Alabama
• Arizona
• Arkansas
• Colorado
• Idaho
• Kentucky
• Louisiana
• Mississippi
• Montana
• Nevada
• New Mexico
• Oklahoma
• Tennessee
• Utah
• Wyoming

Then file at:

USCIS Phoenix Lockbox

U.S. Postal Service (USPS):

USCIS
Attn: AOS
P.O. Box 20500
Phoenix, AZ 85036-0500

FedEx, UPS, and DHL deliveries:

USCIS
Attn: AOS (Box 20500)
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034-4850

Last Reviewed/Updated:

10/26/2021