So many questions bare with me

[n64kirby 0]

Hi guys this is going to be a long post so bare with me.

I came to the US on the 27th of October this year. I am German.

My boyfriend and I are long distance.

My flight back home would’ve been the 17th November.(I am from Germany)

We decided that we wanted to get married because we didn’t want to be separated again.

We heard that filing for AOS May be an option. I had no intent staying here because I have two sick parents in Germany and bills to pay. (I am unemployed but I still have important appointments that I now have to cancel in Germany)

I am very anxious person that’s why I’m asking so much.

 

 

1. Which documents do I need every website tells me that I need different documents. Which evidence do we need? Can we file I-130 and I-485 together or do we have to wait for I-130 approved because I don’t have a an alien number. Can we still file for I-485 even if we’re married less than 2 years? How do we file I-485 concurrently if I do not have an alien number, and it says we have to attach a copy of the form I-767 but we don’t have the copy if we don’t file for I-130 first
2. If we have to file I-130 separate how am I protected from deportation if I’m out of status 
3. Do we need an immigration lawyer? I don’t want to make any mistakes and it will be denied because of making mistakes 
4. Do I have to do the medical right away or can I do it a few days or weeks after my initial application because I want to file before the 24th of January so I’m not out of status
5. Another thing regarding the medical I heard you should never disclose that you smoked (even if it was once) or are smoking cannabis even if it’s legal in that state because you can fail your medical because of that, is that true? What if you fail your medical in general can you get another one or will your application be denied, and if it’s denied do you have to go back to your origin country? Also on my ESTA I answered the drug question with no (if I would’ve ticked yes my ESTA would’ve been denied) even tho I did Cannabis a few times in my life so I don’t want to put yes on the drug question of AOS application when I said no on my ESTA because I don’t want them to think why did she say no on ESTA but not on the AOS Application 
6. I am currently taking 3 medications for my depression could it effect my medical negatively  
7. Another question regarding the medical I have mental health problems and I self h4rmed in the past. Would it make me inadmissible for a green card because in the USCIS Rules it says no mental illness that could cause harm to you or others.  It caused harm to myself. But not anymore.
8. How long does it take to assemble the package? I want to file before my I-94 runs out on the 24th of January. I know people can overstay their ESTA as a spouse of an US Citizen and it can be forgiven but I don’t want to overstay because I’m scared I could be deported (I’ve heard one horror story here on visa journey where a person got deported even tho she was in the process of filling but hasn’t got his/her NOA1 yet)
9. What if we fill out everything before the 24th of January and I send it before the 24 January but it will arrive after the 24th January then I’m out of status and have overstayed but on my application it will say that I have not overstayed. Do you get what I’m saying? I just don’t want to get in trouble 
10. I was also put into secondary when I arrived here in the US could this affect my application?
11. If I need to overstay because we can not file before the 24 January do we also have to send that one waiver of inadmissibility 
12. What if the AOS from ESTA doesn’t work out will I get a ban? I’ve also read many different stories about it being legal or illegal even from lawyers
13. When we get married and I decide to take my boyfriends name, on my passport and id has still my old name how does ist affect the AOS filing? 
14. Is it shady that we’re getting married so quick? In January we are together one year but we saw each other 3 times in that year and have tons of photos etc together and we wanted to get married sometime and we decided to do it now 

 

 

Sorry for rambling so much. I am just so scared that my bf and I have to be separated again or that something will happen and I need to go back to Germany.

Thanks for reading and thanks for your answers in advance.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

36 minutes ago, n64kirby said:

I had no intent staying here because I have two sick parents in Germany and bills to pay.

 

You may have to choose between your bf and your sick parents.  If you file for AOS, before you get your green card or AP travel permit, you cannot leave the US without abandoning the AOS process.  You could get lucky and have your AP or GC within a few months.  If you're not lucky, it could take a year or more.  If you're fine with that uncertainty, get married and file for AOS as soon as possible.  You must be truthful when filling out the forms and answering the questions at the medical.  Lying could result in a lifetime ban.

 

[n64kirby 0]

4 minutes ago, Chancy said:

*** Moved from IR1/CR1 Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

 

You may have to choose between your bf and your sick parents.  If you file for AOS, before you get your green card or AP travel permit, you cannot leave the US without abandoning the AOS process.  You could get lucky and have your AP or GC within a few months.  If you're not lucky, it could take a year or more.  If you're fine with that uncertainty, get married and file for AOS as soon as possible.  You must be truthful when filling out the forms and answering the questions at the medical.  Lying could result in a lifetime ban.

 

I know that I cannot leave.  thank you tho 

[Mike E 11,739]

1. https://www.visajourney.com/guides/i130-spouse-inside-usa/
2. N/A

3. based on 5, 6 and 7 I say yes you need a lawyer. 

4. Do the medical now so that if the interview is waived you don’t impede your case with an RFE for a medical 

5. Terms of service of visajourney prevent me from saying anything other than don’t lie 

6. yes

7. Possibly 

8. under a week. You aren’t working so you have lots of available time. 
9. Send it by January 10 at latest 

10. depends on what the secondary was for. Do tell. 
11.  Is your bf a U.S. citizen?

12. Depends on the reason for the denial.  Most of the time you can just refile before the deadline given to leave the USA.  If you are deemed inadmissible then any ban for an offer stay is beside the point.  
13. My advice is to not change your name until after you have become a U.S. citizen (or if you decide you won’t be doing that due to German laws that made dual citizenship difficult, until you have your 10 year gc). You have so little time to get your adjustment of status package right.  There is no reason to add another moving part that will cause errors or problems 

14. No. Plenty of couples get married in your situation. 

 

Edited December 7, 2022 by Mike E

[n64kirby 0]

6 minutes ago, Mike E said:

1. https://www.visajourney.com/guides/i130-spouse-inside-usa/
2. N/A

3. based on 5, 6 and 7 I say yes you need a lawyer. 

4. Do the medical now so that if the interview is waived you don’t impede your case with an RFE for a medical 

5. Terms of service of visajourney prevent me from saying anything other than don’t lie 

6. yes

7. Possibly 

8. under a week. You aren’t working so you have lots of available time. 
9. Send it by January 10 at latest 

10. depends on what the secondary was for. Do tell. 
11.  Is your bf a U.S. citizen?

12. Depends on the reason for the denial.  Most of the time you can just refile before the deadline given to leave the USA.  If you are deemed inadmissible then any ban for an offer stay is beside the point.  
13. My advice is to not change your name until after you have become a U.S. citizen (or if you decide you won’t be doing that due to German laws that made dual citizenship difficult, until you have your 10 year gc). You have so little time to get your adjustment of status package right.  There is no reason to add another moving part that will cause errors or problems 

14. No. Plenty of couples get married in your situation. 

 

Thank you for your answer yes my bf is a us citizen

[Mike E 11,739]

32 minutes ago, n64kirby said:

Thank you for your answer yes my bf is a us citizen

11. Your unauthorized presence would be forgiven because your petitioner is both your spouse and a U.S. citizen 

 

 

[Timona 4,207]