HELP Pls! Adjustment of Status. (Married to US Citizen)

[anthoknee]

The instructions lie

Even the form itself instructs you to skip the entire section where you would substantiate your request by providing reasons/destinations for travel (part 4)

"If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4 before skipping to Part 7"

(Form I-131, page 2)

Interesting, thanks for bringing that up. I will go ahead and file I-131 for my immigrant spouse then, I did not file this application because I assumed meeting the conditions stipulated in the instructions would be too onerous.

Would you happen to know if filing the I-131 would delay the production of the EAD? I filed I-130, I-485 and I-765 back in July. I've read that USCIS issues combo cards for the EAD/AP, so if I file the I-131 would they wait to process the EAD while the I-131 is being processed to issue a combo card?

[mustang85635]

Where did you hear/read that EAD/AP takes 3-4 months? Is it from PD date or bio date?

from PD date .
From USCIS Processing page and looking at forum.

[coffeeaddict]

Can I bother you with few more questions haha. Sorry!. I'm just so lost with all the forms we have to submit..

So basically with concurrent filing. We'd have to submit

1. Form I485
2. Form I-130 from my husband
3. Form I131 Travel?
4. Form for Affidavit of Support
5. Form I765 Employment

and how about medicals? when do we have to do it?

What is RFE and what is EAD again? Waaa.

Thank you for your response.

Yes those are all the forms. My husband and I sent the I-693 (medical exam) with our package. Some people do and some don't. The medical expires ONE YEAR after it is completed, so some people prefer to do it closer to their interview date and bring it to the interview. It costs anywhere between $250-400 to get it all done, so it's up to you. If you Google "USCIS Find a Doctor", you can type in your zip code and find a civil surgeon in your area for the exam. It HAS to be done by a civil surgeon, not a regular doctor. We sent the I-693 in with our package because I didn't want to put it off and I don't think our interview will take more than a year to complete.

RFE: Request for further evidence (they send these out if they discover something is missing from your package)

EAD: Employment authorization document (the card they send you to allow you to work; it will also have AP privileges if you apply and are approved)

You do NOT get the EAD/AP card automatically. You need to send in the paperwork for that. Also it's the government and they're literally a paperwork machine. They don't do anything unless you feed it the right papers. No need to apologize for asking questions; that's what the forum's for and it's also comforting to get answers from people in similar situations.

EDIT: It would be helpful to know what area/state you are in. I'm in CA and their field offices seem to be on the quicker side. I've heard places like NY, NJ, Denver are slower and could take up to a year to get your interview. So that'll factor into your decision for the medical.

[calgarygirl]

Yes those are all the forms. My husband and I sent the I-693 (medical exam) with our package. Some people do and some don't. The medical expires ONE YEAR after it is completed, so some people prefer to do it closer to their interview date and bring it to the interview. It costs anywhere between $250-400 to get it all done, so it's up to you. If you Google "USCIS Find a Doctor", you can type in your zip code and find a civil surgeon in your area for the exam. It HAS to be done by a civil surgeon, not a regular doctor. We sent the I-693 in with our package because I didn't want to put it off and I don't think our interview will take more than a year to complete.

RFE: Request for further evidence (they send these out if they discover something is missing from your package)

EAD: Employment authorization document (the card they send you to allow you to work; it will also have AP privileges if you apply and are approved)

You do NOT get the EAD/AP card automatically. You need to send in the paperwork for that. Also it's the government and they're literally a paperwork machine. They don't do anything unless you feed it the right papers. No need to apologize for asking questions; that's what the forum's for and it's also comforting to get answers from people in similar situations.

So there is no disadvantage if I do the medicals later? I'd like to submit it soon... my B2 will expire in February 14... Is there trouble if you somehow overstay past that date and application is still pending?

We've been married for almost 2 years. Got married in florida December 31 2015 and a christian wedding with our family last April 2016. We were gonna move to Canada but didn't happen. We haven't merged anything (finances, and all) as i was supporting myself even after we got married. BUt we see each other ever 3 to 4 months when we lived apart. What other documents can i send aside from pictures to prove bona fide marriage?

Thank u

[coffeeaddict]

So there is no disadvantage if I do the medicals later? I'd like to submit it soon... my B2 will expire in February 14... Is there trouble if you somehow overstay past that date and application is still pending?

We've been married for almost 2 years. Got married in florida December 31 2015 and a christian wedding with our family last April 2016. We were gonna move to Canada but didn't happen. We haven't merged anything (finances, and all) as i was supporting myself even after we got married. BUt we see each other ever 3 to 4 months when we lived apart. What other documents can i send aside from pictures to prove bona fide marriage?

Thank u

1. Overstay is forgiven as long as you have filed your AoS papers. My B2 officially expired last week but since we filed back in August, I am legally allowed to be in the US until our interview is done and a decision has been made. The ONLY time you get into trouble is if you leave the US WITHOUT AP. If you try to come back without AP, the government will deem your case as abandoned. That's why everyone is suggesting to apply for AP. The medical is up to you. Once again, what area/state are you in?

2. Since your 2-year marriage anniversary is coming up, you could wait until January to file your papers. If you do this, you'll be getting the 10-year green card instead of the 2-year. In case you don't know, if a couple has been married less than 2 years, the foreigner receives a conditional 2-year GC. Before that GC expires, they must file for "removal of conditions", proving that their marriage has continued on successfully and provide more proof of such. After approval of removal of conditions, the alien receives a 10-year GC and can become eligible for citizenship one year after receiving the 10-year GC (this is what my husband and I will be going through since we've only been married for four months). However, in YOUR case, you will have been married for MORE than 2 years by January 2018. After your interview, you will receive the 10-year GC, you won't have to file for removal of conditions and you will become eligible for citizenship in three years time. I hope this is clear enough.

3. So you and your husband are living together now? Are both of your names on the lease? Get both on if you can. If it is possible, I would suggest creating a joint bank account and putting both your names on whatever bills you can (Internet, water, utility, gym membership, any other memberships, credit cards). Start doing these things NOW and collect these documents with BOTH names and address NOW. It's fine that you were supporting yourself even after marriage, but merged finances is the main angle through the American government has decided to inspect marriages. It is the couple's responsibility to get what evidence they can through this angle as proof of their valid bonafide marriage. Pictures are good as well as sworn affidavits from family and friends who have spent time with both of you.

[newacct]

So there is no disadvantage if I do the medicals later? I'd like to submit it soon... my B2 will expire in February 14... Is there trouble if you somehow overstay past that date and application is still pending?

You are married to a US citizen, right? You don't need to file before your status expires. Whether you are in status or not at the time of filing and how long you may be out of status is irrelevant. Just file when you have everything ready. The medical can be sent later, but that is usually a good idea for categories where the priority dates may retrogress so AOS can be pending for more than a year. For your case, AOS is very fast and not sending medical now can delay it.

We've been married for almost 2 years. Got married in florida December 31 2015 and a christian wedding with our family last April 2016. We were gonna move to Canada but didn't happen. We haven't merged anything (finances, and all) as i was supporting myself even after we got married. BUt we see each other ever 3 to 4 months when we lived apart. What other documents can i send aside from pictures to prove bona fide marriage?

Well, start by open some joint accounts now. Do you live together and have joint leases? Do you have health/auto/life insurance with the other person's name on it? Do you have accounts with the other person as beneficiary? And your taxes the last 2 years should show you are married.

[calgarygirl]

1. Overstay is forgiven as long as you have filed your AoS papers. My B2 officially expired last week but since we filed back in August, I am legally allowed to be in the US until our interview is done and a decision has been made. The ONLY time you get into trouble is if you leave the US WITHOUT AP. If you try to come back without AP, the government will deem your case as abandoned. That's why everyone is suggesting to apply for AP. The medical is up to you. Once again, what area/state are you in?

2. Since your 2-year marriage anniversary is coming up, you could wait until January to file your papers. If you do this, you'll be getting the 10-year green card instead of the 2-year. In case you don't know, if a couple has been married less than 2 years, the foreigner receives a conditional 2-year GC. Before that GC expires, they must file for "removal of conditions", proving that their marriage has continued on successfully and provide more proof of such. After approval of removal of conditions, the alien receives a 10-year GC and can become eligible for citizenship one year after receiving the 10-year GC (this is what my husband and I will be going through since we've only been married for four months). However, in YOUR case, you will have been married for MORE than 2 years by January 2018. After your interview, you will receive the 10-year GC, you won't have to file for removal of conditions and you will become eligible for citizenship in three years time. I hope this is clear enough.

3. So you and your husband are living together now? Are both of your names on the lease? Get both on if you can. If it is possible, I would suggest creating a joint bank account and putting both your names on whatever bills you can (Internet, water, utility, gym membership, any other memberships, credit cards). Start doing these things NOW and collect these documents with BOTH names and address NOW. It's fine that you were supporting yourself even after marriage, but merged finances is the main angle through the American government has decided to inspect marriages. It is the couple's responsibility to get what evidence they can through this angle as proof of their valid bonafide marriage. Pictures are good as well as sworn affidavits from family and friends who have spent time with both of you.

1. Did you have to do anything just so they know your AOS is in process? (haha i dont want officials go to our house and ship me back to PM Justin haha)
2. Oh wow. I didn't know this. Its coming up soon. Might as well wait. I was just rushing to submit all because I thought I have to finish it before my B2 expires in February
3. Yes we are living together now. We are not paying any rent because he lives in his parents vacation home. Maybe we can just adjust the bills and put it under our name.

Thank you so much coffee addict!! Which part of Canada are you from?

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You are married to a US citizen, right? You don't need to file before your status expires. Whether you are in status or not at the time of filing and how long you may be out of status is irrelevant. Just file when you have everything ready. The medical can be sent later, but that is usually a good idea for categories where the priority dates may retrogress so AOS can be pending for more than a year. For your case, AOS is very fast and not sending medical now can delay it.

Yes I am married to a US Citizen. I was just fearful of getting deported or overstaying But its good to know.

Well, start by open some joint accounts now. Do you live together and have joint leases? Do you have health/auto/life insurance with the other person's name on it? Do you have accounts with the other person as beneficiary? And your taxes the last 2 years should show you are married.

We have most of it. But we could probably arrange some more with Utilities.

Thank you for your feedback. Greatly appreciated!

[coffeeaddict]

1. Did you have to do anything just so they know your AOS is in process? (haha i dont want officials go to our house and ship me back to PM Justin haha)
2. Oh wow. I didn't know this. Its coming up soon. Might as well wait. I was just rushing to submit all because I thought I have to finish it before my B2 expires in February
3. Yes we are living together now. We are not paying any rent because he lives in his parents vacation home. Maybe we can just adjust the bills and put it under our name.

Thank you so much coffee addict!! Which part of Canada are you from?
!

No problem; glad to be of help. I've only just started this process myself, to be fair. I'm from Toronto, but I always wanted to move to California (which I did when I got accepted into grad school here). As for your first question, I'm not sure who you mean by "they". Are you talking about the American government? By default, filing your AoS papers is basically saying, "Well I'm now in AoS." So I'm not sure what you mean by your question.

Filing your papers in January will give you more than enough time before your B2 status expires, so don't worry about that. After the office receives your papers, they send out receipt notices called Notice of Action (NOA's). Most people receive these a week after their papers are delivered. This is the official acknowledgment from USCIS that basically states, "We have received your paperwork. You are now in adjustment of status and are legally allowed to stay in the US while your case is pending and a decision is reached after your interview."

[calgarygirl]

No problem; glad to be of help. I've only just started this process myself, to be fair. I'm from Toronto, but I always wanted to move to California (which I did when I got accepted into grad school here). As for your first question, I'm not sure who you mean by "they". Are you talking about the American government? By default, filing your AoS papers is basically saying, "Well I'm now in AoS." So I'm not sure what you mean by your question.

Filing your papers in January will give you more than enough time before your B2 status expires, so don't worry about that. After the office receives your papers, they send out receipt notices called Notice of Action (NOA's). Most people receive these a week after their papers are delivered. This is the official acknowledgment from USCIS that basically states, "We have received your paperwork. You are now in adjustment of status and are legally allowed to stay in the US while your case is pending and a decision is reached after your interview."

Yes.. Thats what I meant. Thank you. It gives me clearer picture now what to do and what i need.

Goodluck on yours!

[a.mujtaba]

I would apply for it since its free when you apply concurrently and it is only like two pages to fill out.
Right now to receive EAD/AP Combo Card takes around 3-4 months. There is a huge backlog.
But both can be expedited in case of emergency or job offer.

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I am also doing AOS from B2 fyi But from Germany not Canada

oh really, i am also from Germany