Engaged to USC

[jamrockgirl]

Hey everyone, found this site and i think it's great. I am dating my boyfriend - hes a med student . he is a USC and we will be getting married next month God's willing. I want to know how soon after can i file for my AOS after marriage so we can go on our honeymoon to mexico. I have a B1/B2 , i will also be filing for my daughter who is 1. she is currently back home with my family. I overstayed since November because we are serious about getting married. I was thinking of filing for my AOS in April, I am also in Florida. Any advice or tips?

[newacct]

You can apply for AOS as soon as you get married, but you cannot leave the US until you get Advance Parole or your green card, or you will automatically abandon your AOS. (You can apply for Advance Parole with I-131 for free when you file your I-485, but EAD and AP can take half a year to get.)

[Johnny6751]

To be 100% honest with you, be very careful. For what you're saying there are a lot red flags already. So, make sure that you're very strong with your evidence in showing that this is a strong bona fide. You're here on a B1/B2 which means you were admitted in the country at least in May 2019, now you're getting married and wanting to file that fast, on top of that you're filing for your 1 year old daughter who doesn't even live in the USA, this will make the immigration officer question why you came here after pretty much giving birth, visiting purposes doesn't sound too good.
Many cases are different, but you do need to show that you are truly in love and this is a strong marriage.

Good luck.

Jonathan!

[ihaveit29]

You can’t really travel until you get your advance parole or greencard.

And I agree that your case might be a difficult one. Hopefully your fiance has a steady job and earn at least $30k a month. And yes, you would have to prove that you are in love with a lot of joint documents to show you are in fact in a bonafide marriage. They would also most likely question you about your 1 year old daughter and why suddenly you got engaged soon after giving birth. Good luck.

[batmanuel03]

You can’t really travel until you get your advance parole or greencard.

And I agree that your case might be a difficult one. Hopefully your fiance has a steady job and earn at least $30k a month. And yes, you would have to prove that you are in love with a lot of joint documents to show you are in fact in a bonafide marriage. They would also most likely question you about your 1 year old daughter and why suddenly you got engaged soon after giving birth. Good luck.

I think you mean $30,000 a year not a month?

according to the USCIS guidelines it’s about $26,662 for a family of 3.

https://www.uscis.gov/i-864p

[ihaveit29]

I think you mean $30,000 a year not a month?

according to the USCIS guidelines it’s about $26,662 for a family of 3.

https://www.uscis.gov/i-864p

Yes, sorry, I meant annually.

[jamrockgirl]

Ok thank you everyone, I was going to hire a lawyer and wait a bit longer before I file. About 5 months or more. He said I could file for myself first and then when I'm ready I can file for my daughter on my GC
I told him I would think about it.

[Hotaru-Grace]

Hey everyone, found this site and i think it's great. I am dating my boyfriend - hes a med student . he is a USC and we will be getting married next month God's willing. I want to know how soon after can i file for my AOS after marriage so we can go on our honeymoon to mexico. I have a B1/B2 , i will also be filing for my daughter who is 1. she is currently back home with my family. I overstayed since November because we are serious about getting married. I was thinking of filing for my AOS in April, I am also in Florida. Any advice or tips?

Hello Jamrock Girl,

By your alias, I am assuming that you are a Jamaican like me, yeah. To answer your first question about leaving for honeymoon-Mexico. Please plan to spend all your vacations, honeymoon etc in the US. There are tons of very unique and romantic spots in every single state and there are 50 states (try not to cross the borders of some of them though). Never ever leave the US until you have received your green card in hand. You may plan for Mexico to celebrate your 2nd year anniversary. Your reason (serious about getting married) for overstaying cannot be explained to US authorities as you have written it (their critique will be that if you both wanted to get married then you would have been married already). Also, understand that a court house wedding is perfectly acceptable until you can organize the other more lavish one.

Based on the short term of your overstay period Nov-April (until you file), your IO can either choose to give you a hard time or excuse you for failure to adhere to the visa limitations. Hence, if they find that you literally stayed, just to avoid returning, and then suddenly got married then your entire application can be considered as suspicious. I will give my link here based on my experience when I filed in 2017. We got married on June 28. My J1 visa expired on June 30. Within the J1 grace period of 30 days we filed all paper work on July 18, 2017. Based on our timeline and the fact that we did not want to get an RFE (request for Evidence) we prepared a mega-load of documents to support our union. That is my suggestion to you, prepare a mega-load of documents to support your union, send a few substantial ones with the application in April and the rest at the time of the interview. All the best.

The link to our experience is below:

https://www.immihelp.com/forum/adjustment-of-status-i-485/180557-immediate-no-reservation-i485-interview-approval-florida-pd-july-2017

[jamrockgirl]

Hello Jamrock Girl,

By your alias, I am assuming that you are a Jamaican like me, yeah. To answer your first question about leaving for honeymoon-Mexico. Please plan to spend all your vacations, honeymoon etc in the US. There are tons of very unique and romantic spots in every single state and there are 50 states (try not to cross the borders of some of them though). Never ever leave the US until you have received your green card in hand. You may plan for Mexico to celebrate your 2nd year anniversary. Your reason (serious about getting married) for overstaying cannot be explained to US authorities as you have written it (their critique will be that if you both wanted to get married then you would have been married already). Also, understand that a court house wedding is perfectly acceptable until you can organize the other more lavish one.

Based on the short term of your overstay period Nov-April (until you file), your IO can either choose to give you a hard time or excuse you for failure to adhere to the visa limitations. Hence, if they find that you literally stayed, just to avoid returning, and then suddenly got married then your entire application can be considered as suspicious. I will give my link here based on my experience when I filed in 2017. We got married on June 28. My J1 visa expired on June 30. Within the J1 grace period of 30 days we filed all paper work on July 18, 2017. Based on our timeline and the fact that we did not want to get an RFE (request for Evidence) we prepared a mega-load of documents to support our union. That is my suggestion to you, prepare a mega-load of documents to support your union, send a few substantial ones with the application in April and the rest at the time of the interview. All the best.

The link to our experience is below:

https://www.immihelp.com/forum/adjustment-of-status-i-485/180557-immediate-no-reservation-i485-interview-approval-florida-pd-july-2017

Thank you for all of this information, I enjoyed reading your journey and I'm glad you received your GC. All I have to do is have enough proof of our marriage. I am very excited to get married to him, we have know each other since high school. Thank you all so much!!