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Filing for Adjustment of Status on tourist visa

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  • Filing for Adjustment of Status on tourist visa

    Hi All, I am currently on tourist visa in USA and please find below my details to fully understand my situation. I was working in India in good company from 2009 to February 2014.

    Sep 2012 : I met the lady who is a USA citizen and we became friend and went on a date couple of times. We communicated through phone and at the time of leaving states, we shared our Skype contact to communicate in future. (5 days trip to New York)

    Feb 2013 : We decided to meet again and I came back in Feb 2013 and we spent good time together. (13 days trip to NY/NJ)

    Oct 2013: I came back to meet her and we spent good time together. (5 days trip to NY/NJ)

    Nov 2013: Again it was 4 days short trip. So we can spent good time together.

    I asked her to come to India but she can't travel because of her health reason. As she was and currently also going through her stomach problems and back problems.

    Feb 2014 : I came back and we spent good time and we were very close to each other then. (13 days trip to NY/NJ). She proposed to me when I was in India in Feb after my trip for marriage via Skype video call and I accepted the proposal.

    She suggested me that in the company in which she is working, they are outsourcing their process to Indian company and she recommended my profile to the Indian company. I joined the Indian company in March 2014 but I was in the same process of company where she is working in USA and we started communicating easily through company communicator and company emails.

    May 2014: I came back to USA on company project now to the same company where she is working. We dated each other during that time as well. It was very good to see her in the same office each and every day. (35 days trip to NJ)

    Sept 2014 : I came back to USA without informing my company as they were not giving me leave and we both have to meet as we can't stay separated for so long. (9 days trip). When I went back to India, my company has removed me from the company because of that number of leaves.

    Oct 2014: I came back to USA like my last normal trips but we were missing each other lots and it was very hard for both of us to leave every time. So, we decided during that trip to get marry. We got married in Nov 2014. As she can't come to India so I didn't have any other way of living together. Since our marriage till date now January 22nd 2015, I am living separately in an apartment and she visit me quiet often. May be next month in Feb 2015 we will start living together. I can show them, our marriage certificate, health insurance, living together proof, joint bank account, all travel tickets, USA stayed guest house receipts of last trips, same company project letter, her medical reports, some photographs etc.

    My visit in USA is valid till April 7th 2015.

    Kindly advice, Should I opt for adjustment of status now or should I go for the consular processing in my country? What issues do you think are there in my case? And what I need to care to rectify them? How much time do you think will take in the whole process? Do you think this process is simple or difficult? How much time will it take to get temporary work permit after sending application of AOS?

    Thanks,

  • #2
    what I have read

    Hi, I have read about cases that take from three months to six months to get the EAD employment authorization.
    I would advide to get your papers filled concurrently.
    The process requires patience and an eye on detail cause you will require a lot of different papers from a lot of people.
    I have read about cases where the process is fast and they get green card in less than 6 months. It depends on if you are in the US or abroad.
    Remember you can't leave the US after starting paperwork until you get your parole or finish the process and get green card.
    Hope this info helps

    Comment


    • #3
      Hi-

      EAD employment authorization, takes 3 months although times always vary, I'm currently processing my wife's Green card/EAD

      you should have no problems adjusting your status to green card it does not matter if you over stay also as the only thing that matters to them is the fact that you legally entered the States.

      do not lose your I-94 from your most recent arrival since you will need to send a copy with application and bring original to the interview.

      some forms you need are I-130, I-485, EAD FORM,FINGERPRINT FORM, MEDICAL EXAM done at an uscis approved medical location, plus affidavit support form, there may be more forms to send but don't recall at the moment .

      you're good to go!

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      • #4
        Nice post!!!

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