Need advise

[Jac16 6]

Hi I am visiting my boyfriend on November 2022 and celebrate Christmas and new year at here.. and my boyfriend mom is very sick and we decided to wait abit (Docter pronounced that she might be able to live till end of 2023) but recently she pass away (and I am fortunate that I decided to stay for abit longer since I be able to look after Her for awhile) my boyfriend decided to propose to me since he doesn’t want us to be apart and recently march 2023 we get married… what should I do ? Should I just do adjustment in here or should I just went back and do cr1 ? If adjustments how is the process and cr1 too how is the process? 

[OldUser 6,602]

Hello, really sorry to hear about the loss of your mother in law. Also congratulations on getting married. You can pick either route.

 

Each has advantages and disadvantages.

 

In a nutshell:

Adjustment Of Status (AOS) is more expensive, and you won't be able to work or leave the US for many months. Could be close to 2 years. Then you would also have to go through Removal of Conditions in few years, which takes 2-3 years nowadays. But you would get to be with your husband all this time.

 

CR1 / IR1 visa is cheaper. You would have to wait abroad to get the visa. It may be more difficult to visit the US once you filed I-130. The wait for visa could be 1.5-2 years. But if you receive IR1 visa in the end, you would have a 10 year green card and wouldn't have to remove conditions. Also, with this method, you would be able to work as soon as you enter the US on this visa.

Edited March 10, 2023 by OldUser

[PaulaCJohnny 713]

You can see the guides here in VJ. You can do both, depends what you want to do.

 

When adjusting your status you cannot work without EAD or live the country. Do you know that right?

 

 

[SalishSea 17,801]

2 hours ago, Jac16 said:

Hi I am visiting my boyfriend on November 2022 and celebrate Christmas and new year at here.. and my boyfriend mom is very sick and we decided to wait abit (Docter pronounced that she might be able to live till end of 2023) but recently she pass away (and I am fortunate that I decided to stay for abit longer since I be able to look after Her for awhile) my boyfriend decided to propose to me since he doesn’t want us to be apart and recently march 2023 we get married… what should I do ? Should I just do adjustment in here or should I just went back and do cr1 ? If adjustments how is the process and cr1 too how is the process? 

You can adjust status if you don’t mind not being able to work or travel back to the IS if you leave, for up to one year.   Green cards are taking even longer.

[da95826 387]

You can file for adjustment status, you will need to wait until you get a work permit (3 to 9+ months to get), and advance parole for travel outside the USA to be readmitted to US and to keep the AOS alive, if you leave the USA without AP you will abandon the i485 (AP are taking 4 to 10 months), green cards are taking 12 to 18 months.

 

So, when you file the i130, i131, i765, i131, and i864 (the adjustment of status application) you need to wait to get permission to work and travel out of the USA before you can do either and will need to wait to get a USA divers license until you get the work permit.  USCIS has speeded up some applications post COVID backlogs. A few new AOS filers getting work authorization a relative quick 60 days or so after filing but you can't count on that.

 

Consular processing:

If you file an i130 only you will need to leave the US and get a visa from your local US consulate in your home county to return to the USA and get a green card on arrival, most likely 18 months or so after filing. Please note, if you overstay your current visa, you could get a bar to entering the USA which will complicate this option.

[Jac16 6]

Thank you for your advise all.. I don’t know how to reply you all… btw do I need to fill in I-130a? Can we do it online? 

[OldUser 6,602]

2 hours ago, Jac16 said:

Thank you for your advise all.. I don’t know how to reply you all… btw do I need to fill in I-130a? Can we do it online? 

If you're going AOS route, file all the forms on paper together. Yes, include I-130A

[Jac16 6]

On 3/11/2023 at 11:59 AM, da95826 said:

You can file for adjustment status, you will need to wait until you get a work permit (3 to 9+ months to get), and advance parole for travel outside the USA to be readmitted to US and to keep the AOS alive, if you leave the USA without AP you will abandon the i485 (AP are taking 4 to 10 months), green cards are taking 12 to 18 months.

 

So, when you file the i130, i131, i765, i131, and i864 (the adjustment of status application) you need to wait to get permission to work and travel out of the USA before you can do either and will need to wait to get a USA divers license until you get the work permit.  USCIS has speeded up some applications post COVID backlogs. A few new AOS filers getting work authorization a relative quick 60 days or so after filing but you can't count on that.

 

Consular processing:

If you file an i130 only you will need to leave the US and get a visa from your local US consulate in your home county to return to the USA and get a green card on arrival, most likely 18 months or so after filing. Please note, if you overstay your current visa, you could get a bar to entering the USA which will complicate this option.

thank you for the information btw i already done the paper work for i130, i130A, and i am confuse for i765 should i find and employer before i apply? and which category in i765 if we are doing AOS? i try to read it but they only include k1 k2 and spouse for h1b1 (haven't submit yet)

 

[OldUser 6,602]

6 minutes ago, Jac16 said:

thank you for the information btw i already done the paper work for i130, i130A, and i am confuse for i765 should i find and employer before i apply? and which category in i765 if we are doing AOS? i try to read it but they only include k1 k2 and spouse for h1b1 (haven't submit yet)

 

Read and follow the guide

 

You don't need employer for I-765 and don't need upcoming trip for I-131

 

[da95826 387]

11 minutes ago, Jac16 said:

i am confuse for i765 should i find and employer before i apply?

No, you file the i765 with the AOS.

The work permit allows you to work but also you will get a social security number and be able to get a driver's license in every state. 

The i131 AP application also does not require travel plans, you should file it also with the AOS package.

If you have not filed either yet go ahead and file for each with a copy of the i485 receipt notice, currently the AOS fee paid includes cost of i765 and i131 applications.