Specific questions regarding AOS possibility !!!!

[debraj]

HI All ,
Want all your advice on this case.........I had been in relaion with my now to be wife for over 1 yr now ...........I came to usa earlier in a B1 & B2 visa as a artist for my finaces works ......... i stayed for 3 months and went back............ I am in USA again with the same visa to some works again and also meet her.........and i have lived for over 2 months now . Earlier we we getting ready to file a K1 but now we want to marry and we cant leave each other and want to file for a AOS.Had certain questions :

a)As you all saw i am on a business cum tourist visa and i had no intentions to stay back here when i came here.......... so hope we wont have a hard time to prove it

b) .....what all evidences to make ready ?? ( to show our one year love & that we were getting reday to file for K1 etc etc ?? )

C) we are planning to marry soon............ so after how many days after marriage is the rule to apply for AOS ???

D) Is it okk to wait after my I-94 expires and then apply for AOS ..........as we have some monetary problem........... moreover can i work before applying for AOS as my I-194 expires soon.

Pls answer back ...........Thanks !!

[PraetorianXI]

A) That is ok.
B) That is up to you. Show return tickets, ties at home country, etc.
C) You can apply the same day once you get your marriage certificate.
D) It is always best to apply before your I-94 expires. You are not authorized to work under a B1 visa. Get a loan.

[debraj]

A) That is ok.
B) That is up to you. Show return tickets, ties at home country, etc.
C) You can apply the same day once you get your marriage certificate.
D) It is always best to apply before your I-94 expires. You are not authorized to work under a B1 visa. Get a loan.

Thanks PraetorianXI.............. Can you pls tell me what happens if i apply after The I-194 expires ??? and in that case i can show them the cancalled tickets ....does that do ??? If its ot a problem can you Im me your emai id too ??

[PraetorianXI]

If you apply after your I-94 expires, then you are out of status, even for a little bit... but you will be out of status until you get the I-485 receipt and you could be detained during that time... it is a very unlikely thing to happen, but it could.

Sorry, but I do not share my email over the internet. You can private message me on this forum or post your questions here.

[debraj]

Thanks so so much .....one small question , is there any rule that I have to apply for AOS within a specified amount of time of entering US / within a specified amount of time of getting married....???

[PraetorianXI]

Suppose someone enters on a NON-IMMIGRANT visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

[debraj]

Suppose someone enters on a NON-IMMIGRANT visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

May be this is a stupid question after the nice way you have cared to explain !! So you are suggesting me to apply for AOS after 90 days or more ( not less than that) of entering usa ? that way its safe .......... right ??? In the midway i shd get married . Thnaks!!

[PraetorianXI]

I am not suggesting anything. Because if you were committing fraud, I would not suggest you to "cover" it and become an accomplice...

But, I am telling you what the "rule" is. You can make your own choice with the information I provided you.

[debraj]

Thanks ............ we are not commiting any fraud ...... as i said I said I had no intention to stay as i didnt had the last time too. I had few small questions ..Can you pls solve it :

a) What are the forms we need to fill up .I figured out
I-485( to be filled up by me )
I-130 ( t0 be filled up by the US citizen)
& I-765 ( to be filled up by me ) ............. is that all ?? or we need something else too ??

b) In I-485 under "Part 2. Application type" what shd i click in ?? I cant understand which type to click in ?? whats the type that fitts us ??

c) In several areas both in I-485 and I-130 it asks if the alien relative has ever come to usa.Now i have been twice in usa ..the last time and this time ?? So do i have to mention both ?? Also i dnt have the I-194 number from last time............ what shd i do ??

d) Also if we apply after my return date , wd the cancallation receipt of the plane ticket wd do as evidence ??

e) Any idea where wd we called for interview ?? We are at Ohio.

Thanks so much for the help exteded !!! waiting for the same !!

[PraetorianXI]

a) What are the forms we need to fill up .
i-485 (you)
i-130 (spouse)
i-765 (you)
i-864 (spouse)
g-325a (one for you, one for your spouse)
i-693 (medical exam for you, filled out by an USCIS civil surgeon)

b) In I-485 under "Part 2. Application type" what shd i click in ?? I cant understand which type to click in ?? whats the type that fitts us ??
Option A

c) In several areas both in I-485 and I-130 it asks if the alien relative has ever come to usa.Now i have been twice in usa ..the last time and this time ?? So do i have to mention both ?? Also i dnt have the I-194 number from last time............ what shd i do ??
Just put yes, and the month/year of the last visit

d) Also if we apply after my return date , wd the cancallation receipt of the plane ticket wd do as evidence ?? You do not need it at this point. You will only may need to show evidence of you not committing fraud when you go for your interview

e) Any idea where wd we called for interview ?? We are at Ohio. Put in your ZIP Code here: https://egov.uscis.gov/crisgwi/go?ac...office_type=LO

[debraj]

Hi PraetorianXI ,
Thanks so much for the detailed reply ..........
as you said :

"b) In I-485 under "Part 2. Application type" what shd i click in ?? I cant understand which type to click in ?? whats the type that fitts us ??" You answerd Option A.

Now option A states "an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.) "

Are you sure this is for someone who is adjusting from B1,B2 visa ???

Also what all evidence do you think I shd take to the interview. I have listed some below , do you think I need something more :

a) Emails & Chats from the day we knew each other.
b) Proofs that we were getting ready to file for K1.
c) Showing that in my country i have house, bank account in my name.
d) Our marriage certificate
e)JOint bank account of my wife & me.
f)PIcs and vids of marriage
g) Appraisals of her family members & friends about us .
h) Showing house in usa in both our names.
i) Cancellation receipt of plane ticket.

Waiting for your valuable reply..........