Petition and Adjustment from B2

[fjlmt 1]

Hello,

 

I am a USC my wife is not. All our children are USC. We have been married for 15 years.

 

I was offered a job in the USA with a start date in March 2022. I then moved back to the USA this year I am working and have a residence we pay for.

 

My wife currently uses her tourist visa to go in and out of the country.

 

She is currently here and since the situation has changed we have decided to start the petition process here and adjust her status. Based on what i was reading i would need to file a i-130 and i-485 at the same time.

 

1. Can I file this a few weeks after she arrived in the USA?

 

2. While we are waiting for her green card can she leave the USA and come back?

 

3.  What other forms do I need to fill out and send along with the I-485 and I-130

 

4. She has a 6 month visa what will happen if we don't hear back from immigration before it expires

 

5. Do we send all the forms at the same time?

 

6. We are currently in California Los Angeles where do we send the forms?

 

7. Can we file everything online or just better to mail it all in?

 

Any other questions I forgot to ask or anything I should know?

 

Thanks.

[milimelo 4,475]

If she leaves after filing AOS she will forfeit the money and her AOS will be denied. She can only travel after receiving AP or Green Card whichever comes first. 

You can only file I-130 online, I-485 is paper only. 

Do yourself a favor, read the AOS guide (top of the page, under Guides) as well as all instructions for all forms from uscis.gov/forms and you'll have answers to most if not all of your questions.  

 

 

[OldUser 6,604]

1. Better not, because she would be assumed to have had an immigrant intent when entering the US. Usually, the lookback is around 60 days.

2. Not until she gets her Advance Parole document, which takes months. You need to file I-131 with other forms. If she leaves before she gets it, she won't be able to come back, because she would have abandoned her application.

3. I-130, I-485, I-765, I-131, I-864, medical exam

4. Nothing, it will expire. She cannot leave the country, see #2

5. It's crucial to sent everything as one packet

6. California USCIS address

7. You cannot file this online. Mail only. You can file I-130 online, but it will likely cause delays / confusion. Not worth it.

 

Good luck!

[OldUser 6,604]

^^ 6. I believe this is where to find address https://www.uscis.gov/i-130-addresses

[nastra30 2,284]

30 minutes ago, fjlmt said:

1. Can I file this a few weeks after she arrived in the USA? - Yes

 

2. While we are waiting for her green card can she leave the USA and come back? - She can certainly leave. But she will abandon the adjustment process if she leaves without AP or Greencard.

 

3.  What other forms do I need to fill out and send along with the I-485 and I-130 - Download the Following Forms: - These are the forms you need to fill. I-130, I-130A, I-864, I-485, I-765 (EAD, optional), I-131(AP  optional), I-693

 

4. She has a 6 month visa what will happen if we don't hear back from immigration before it expires - It expires but she will have authorized stay. Again, she can leave the US but she cannot return and continue the adjustment process if she leaves with AP or Greencard.

 

5. Do we send all the forms at the same time? - See #3

 

6. We are currently in California Los Angeles where do we send the forms? - USCIS Chicago Lockbox

 

7. Can we file everything online or just better to mail it all in? - Since you are pretty new to how this works keep it simple and file everything by mail in one package.

 

Any other questions I forgot to ask or anything I should know?

 

Thanks.

It will be beneficial for you to go through the guides on VJ.

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

 

Also, APs are taking 6+ months to get approved. So if spouse needs to leave within that time frame, then adjustment is not the best option. You should consider consular processing instead.

Edited November 5, 2022 by nastra30

[fjlmt 1]

While she is waiting can she get a drivers license? When will she be given a SS#?

[nastra30 2,284]

24 minutes ago, fjlmt said:

While she is waiting can she get a drivers license? - Mostly yes. But driver's license is a State issue so you need check what documents your state requires. Without knowing your State, can't give you specific answers.

When will she be given a SS#? - You can request SSN through I-765 or I-485 applications.

 

[fjlmt 1]

We are in California. Will her passport be enough to get a DL?

[Boiler 45,443]

1 hour ago, fjlmt said:

We are in California. Will her passport be enough to get a DL?

I forget what it is called now but yes she can get a DL

 

 

[OldUser 6,604]

3 hours ago, fjlmt said:

We are in California. Will her passport be enough to get a DL?

Without SSN she can get Federal Non-Compliant DL/ID Card.

[fjlmt 1]

For the form fields that we do not fill out do we leave it blank or put NA?

 

Our mailing address is different from our physical address. We may move sometime next year but our mailing address will not change. Is that OK?

 

Do we just add all the fees for all the forms into one check or do we need a separate check for each form?

 

Do we need to submit the i-693?

[fjlmt 1]

I also only started working in the USA this year can i submit just my paystubs for this year?

[OldUser 6,604]

57 minutes ago, fjlmt said:

I also only started working in the USA this year can i submit just my paystubs for this year?

You need a co-sponsor. Somebody who has qualifying income. You would need 3 years of their tax returns showing qualifying income. Plus recent paystubs etc.

[Boiler 45,443]

17 minutes ago, OldUser said:

You need a co-sponsor. Somebody who has qualifying income. You would need 3 years of their tax returns showing qualifying income. Plus recent paystubs etc.

Tax returns yes but they do not need to show qualifying income, now his job does.

[OldUser 6,604]

3 minutes ago, Boiler said:

Tax returns yes but they do not need to show qualifying income, now his job does.

Are you saying if co-sponsor earned $20k in each of the last 3 years, he will be OK to sponsor? My point was that the co-sponsor's income in the last 3 years should be qualifying. Unless I misunderstood your comment.