Adjustment of status under E2 visa

[Nilokas]

Hi everyone,

Multiple questions regarding my situation. Thanks in advance for all your help:

My situation: : I’m a French citizen, married to an American citizen. I used to work in France and while working there, I applied for a CR1 visa (spouse visa). In the meantime, my company offered me a job in the US and transferred me internally via a E2 Visa (my current valid visa). The CR1 process was ongoing and we received the notice of action (i797) indicating the petition was approved but we haven’t had the interview at the embassy yet. As of today, I live and work in the US with my wife.

1. In this situation, can you confirm that I indeed have to file I-485 to adjust my status and obtain the green card?

2. Can you confirm that, after I filed for I-485 and while waiting for it to be processed, I will need to apply for Advance Parole (I-131) in order to travel even though I'm working under a valid E2 visa that currently allows me to travel freely ?

3. Do I have to file Form I-765 (Employment Authorization Document) although I'm already working in the US under my E2 visa ? If so, will it impact in any way my current job ? (I would like to avoid messing up with my current employment because of this process)

4. As I’m currently working in the US with a E2 visa, do I have to complete form I-508 “Request for waiver of rights, privileges, exemptions and immunities” ?

5. As I’m a French citizen, do I have to file form I-508F in addition ?

6. Regarding the medical check and form (I-693), can I provide it at a later stage (i.e. after submission of I-485) so as to maximize its validity ? Or do I have to file it concurrently with I-485 ?

7. Regarding the affidavit of support, as my wife is still a student, she cant support me. Can her mother provide this support ? If so, is this person considered “the petitioner”, the “only joint sponsor”, or the “first, second joint sponsor” (in order to file the form properly) ?

8. On the https://www.uscis.gov/family/family-us-citizens website, they indicate: "If your relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485.”. What does it mean ? How do I know if a visa number is available? Is the notice of action (form I797) that we received following our I130 filing the equivalent? If not, how do you get this visa number ?

Thanks again for your help,
Nilokas

[inadmissible]

1) You can file I-485 now, if you want to. You can also wait until the consulate in France is ready to issue you your immigrant visa, then travel there. Since you are here in the United States right now, it might be easier for you to just apply for adjustment of status using Form I-485

2) You must wait for advance parole to be approved, otherwise your application to adjust status will be deemed abandoned. Only H and L visa holders can travel using their valid visa without abandoning their application for adjustment of status. It is free to apply anyway, you should do so whether or not you have specific plans to travel

3) You do not need to apply for EAD, since you have no plans to leave the employment of your E visa sponsor. However, it is free, so you should do so. It will give you the option to pursue another job opportunity should it present itself. It will also give you flexibility if anything happens to your current job. Having EAD will not jeopardize your existing E visa status or your current job

4 & 5) No. That form is for diplomatic visa holders who enjoy certain privileges and immunities that you don't

6) I would recommend that you submit it with your initial application

7) Her mother would be the only joint sponsor. However, you have a lawful wages that will continue even after you become a permanent resident, so your wife can elect to include those wages in her affidavit of support

8) "Immediate relatives" of US citizens, which you are, have "immigrant visa numbers" immediately available to them. Therefore, you can apply for adjustment of status immediately. You will attach a copy of your wife's I-130 filing receipt

[newacct]

1. In this situation, can you confirm that I indeed have to file I-485 to adjust my status and obtain the green card?

You don't "have" to. You could go back to France to finish the consular processing process and get an immigrant visa. But you can file I-485 to do Adjustment of Status in the US if that would be more convenient.

2. Can you confirm that, after I filed for I-485 and while waiting for it to be processed, I will need to apply for Advance Parole (I-131) in order to travel even though I'm working under a valid E2 visa that currently allows me to travel freely ?

You don't "need" to. But it would be a good idea to apply for it, since it's free, and it gives you the option to travel abroad while your I-485 is pending. If you leave the US while your I-485 is pending without an Advance Parole already granted, you will automatically abandon your I-485. Also note that you can be denied entry on your E-2 visa for immigrant intent.

3. Do I have to file Form I-765 (Employment Authorization Document) although I'm already working in the US under my E2 visa ? If so, will it impact in any way my current job ? (I would like to avoid messing up with my current employment because of this process)

Again, you don't "have" to. But it is free and it doesn't hurt to apply for it, to have a backup option just in case.

4. As I’m currently working in the US with a E2 visa, do I have to complete form I-508 “Request for waiver of rights, privileges, exemptions and immunities” ?

5. As I’m a French citizen, do I have to file form I-508F in addition ?

I believe so

6. Regarding the medical check and form (I-693), can I provide it at a later stage (i.e. after submission of I-485) so as to maximize its validity ? Or do I have to file it concurrently with I-485 ?

You could send it later, but that is mostly done for categories that are really slow. Spouse of a US citizen is relatively fast, so it is likely it won't take a year, and sending it now should be fine and will avoid an RFE later.

7. Regarding the affidavit of support, as my wife is still a student, she cant support me. Can her mother provide this support ? If so, is this person considered “the petitioner”, the “only joint sponsor”, or the “first, second joint sponsor” (in order to file the form properly) ?

On your wife's I-864, she would put "I am the petitioner". On your mother-in-law's I-864, she would put "I am the only joint sponsor". Note that a joint sponsor must be a US citizen or permanent resident domiciled in the US.

8. On the https://www.uscis.gov/family/family-us-citizens website, they indicate: "If your relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485.”. What does it mean ? How do I know if a visa number is available? Is the notice of action (form I797) that we received following our I130 filing the equivalent? If not, how do you get this visa number ?

You are in the Immediate Relative category, which has unlimited visa numbers, so visa numbers are always available (and that's why it's always possible to file I-130 and I-485 together at the same time).

[Nilokas]

Thanks a lot to both of you for these detailed answers. A few comments / questions:

1. It is indeed more convenient for me to file for adjustment of status instead of going through Consular processing as I'm now living in the US. However, I'm surprised by the filing fee associated with both processes. On one side, I could decide to go through the full process in France via Consular processing which would result in fees of $400 (already paid to file I-130). On the other side, in addition to the $400 already paid, I have to pay $1,140 to file I-485. Both result in the same outcome (green card) but their associated costs are very different. Am I missing something there?

2. Given that I don't currently have specific plans to travel, how is it possible to file for Advance Parole ? The form does ask specific questions regarding the intended travel (duration in days, destination, date, purpose, etc.). Therefore it appears to me that it is not possible to file this form "blank" so as to obtain freedom for future unplanned travels, right?

3. Noted. So, as per form vocabulary, I'm applying for "permission to accept employment", right ? (which seems counter-intuitive given that I'm already working in the US)

4. / 5. I will filed them just in case.

6./ 7. / 8. Noted, thanks a lot

[newacct]

1. It is indeed more convenient for me to file for adjustment of status instead of going through Consular processing as I'm now living in the US. However, I'm surprised by the filing fee associated with both processes. On one side, I could decide to go through the full process in France via Consular processing which would result in fees of $400 (already paid to file I-130). On the other side, in addition to the $400 already paid, I have to pay $1,140 to file I-485. Both result in the same outcome (green card) but their associated costs are very different. Am I missing something there?

The fee for I-485 is actually $1225 ($1140 plus the $85 biometrics fee; you write one check for $1225). Adjustment of Status is indeed more expensive than Consular Processing. The $535 fee (not $400, though it would be $420 if you filed it before Dec 2016) for I-130 is the same for both. In addition to that, for Consular Processing, you would also need to pay the $325 immigrant visa application fee, $120 affidavit of support fee, and $220 USCIS immigrant fee before they will mail you the card (though you can enter before paying that one).

2. Given that I don't currently have specific plans to travel, how is it possible to file for Advance Parole ? The form does ask specific questions regarding the intended travel (duration in days, destination, date, purpose, etc.). Therefore it appears to me that it is not possible to file this form "blank" so as to obtain freedom for future unplanned travels, right?

You don't need plans to travel to apply for Advance Parole as an AOS applicant. You are not asked for a purpose (the form says to skip from the middle of Part 3 to Part 7), and for date and duration, you can put "Unknown" or "TBD". If you read the instructions you will see that as an AOS applicant you don't need to provide any statement of explanation (it says to attach a statement OR attach the AOS receipt, and if you are filing it together with I-485, you don't even need the receipt).

[Nilokas]

Hi Everyone,

i'm updating this thread because I'm facing some difficulties with USCIS regarding my application (please see first post for more info on my background)

So a month ago, I sent all the required documents to apply for the adjustment of status (form I485, affidavit of support, medical exam, etc, etc.) as well as a $1,225 check (corresponding to the $1,140 + $85 biometric fee). Two weeks ago, we received back all our documents with a rejection notice indicating that my "I485 is being return because the payment amount is incorrect, or has not been provided". Obviously the payment was provided so I thought there was something wrong with the amount. I followed-up with a call to USCIS but they confirmed me the amount was correct. In my package, I had also provided a form I-130A (for information purpose only), and the person over the phone told me that maybe the fact that this document was included in the files confused the person handling my application. Therefore, they advised me to resend the package without the form I-130A, which I did.

Unfortunately, two days ago, I received back my application (not all of it, they kept most of the documents such as the affidavit, medical exam etc) with the exact same rejection notice (payment amount is incorrect). I called again USCIS today and they again confirmed me the amount is correct.

At this point, i really don't know what I'm suppose to rectify and every time I call USCIS, they just confirm the amount is correct... By any chance do you guys have any idea? I'm wondering if the fact that I initially started the CR1 visa process back in 2016 (and paid associated fees for such process) has anything to do with the amount that has to be paid today

Anyway, any help would be very much appreciated !

Thanks a lot

[newacct]

Hi Everyone,

i'm updating this thread because I'm facing some difficulties with USCIS regarding my application (please see first post for more info on my background)

So a month ago, I sent all the required documents to apply for the adjustment of status (form I485, affidavit of support, medical exam, etc, etc.) as well as a $1,225 check (corresponding to the $1,140 + $85 biometric fee). Two weeks ago, we received back all our documents with a rejection notice indicating that my "I485 is being return because the payment amount is incorrect, or has not been provided". Obviously the payment was provided so I thought there was something wrong with the amount. I followed-up with a call to USCIS but they confirmed me the amount was correct. In my package, I had also provided a form I-130A (for information purpose only), and the person over the phone told me that maybe the fact that this document was included in the files confused the person handling my application. Therefore, they advised me to resend the package without the form I-130A, which I did.

Unfortunately, two days ago, I received back my application (not all of it, they kept most of the documents such as the affidavit, medical exam etc) with the exact same rejection notice (payment amount is incorrect). I called again USCIS today and they again confirmed me the amount is correct.

At this point, i really don't know what I'm suppose to rectify and every time I call USCIS, they just confirm the amount is correct... By any chance do you guys have any idea? I'm wondering if the fact that I initially started the CR1 visa process back in 2016 (and paid associated fees for such process) has anything to do with the amount that has to be paid today

Anyway, any help would be very much appreciated !

Thanks a lot

Did you indicate that the fee was for I-485, and not for another form like I-765 or I-131? Did you organize your I-485 materials separately from your I-765 materials and I-131 materials, and the check was attached to the I-485 only?

[Nilokas]

Did you indicate that the fee was for I-485, and not for another form like I-765 or I-131? Did you organize your I-485 materials separately from your I-765 materials and I-131 materials, and the check was attached to the I-485 only?

Each document was in separate sub folder and the check was the first element of the whole package, on top of a cover letter explaining that I'm apply to adjust my status.
I didn't specifically mention that fees associated with i765 and i131 are waived when sent concurrently with 485 because I would assume they know their job and are aware of this possibility. I would be surprised if they returned my 485 application because they couldn't find the fees for the 765/131

Thanks

[Nilokas]

A quick update:

I just received a third rejection notice, attached to the I-765 (employment authorization) specifically, indicating the same reason for rejection (no payment or wrong amount). So I guess, they may indeed be expecting a payment for this form. I then have two following questions:
1. Given my situation (working in the US under E2 visa, but applying for adjustment of status from the I130 that was started in France following my marriage with a US citizen), the Eligibility category that I should select is (c)(9), correct ?
2. If so, my understanding is that filing an employment authorization (under the C9 category) concurrently with my I485 allows me to waive the usual fee associated with form I765, correct?

If correct to both questions, then I'm back to square one and I still don't know what's happening

Thanks again for all your help

[UScitizenFilingforspouse]

A quick update:

I just received a third rejection notice, attached to the I-765 (employment authorization) specifically, indicating the same reason for rejection (no payment or wrong amount). So I guess, they may indeed be expecting a payment for this form. I then have two following questions:
1. Given my situation (working in the US under E2 visa, but applying for adjustment of status from the I130 that was started in France following my marriage with a US citizen), the Eligibility category that I should select is (c)(9), correct ?
2. If so, my understanding is that filing an employment authorization (under the C9 category) concurrently with my I485 allows me to waive the usual fee associated with form I765, correct?

If correct to both questions, then I'm back to square one and I still don't know what's happening

Thanks again for all your help

At this point, you can consider that USCIS error and run to your Senator and/or Ombudsman for assistance.

[Nilokas]

Hi everyone,

To give a quick update on this case. After multiple useless calls with the USCIS hotline, they were not able to identify the issue. I believe they have very limited access to information related to a particular case. Anyway, we decided to send an email to the lockbox address that was provided when we received both refusal notices. After a couple of weeks, we received an answer that indicated that they indeed made a mistake in the process and refused our application by error. They recommended us to send back our package and indicate them the tracking number so they could follow the request. We're about to send again the package this weekend.

[ejr32]

Hi Nilokas,

I am in the same situation with my my French wife. Any updates on your journey?

Thanks