Need help, already in USA, wanna apply

[pit81]

I keep reading the topics and still not sure if I have the right info.

I would really appreciate a specific answer about my issue.

I am in USA on my tourist visa. I am married to an American citizen. We are thinking of applying for me to stay in USA.

I guess that would be I 130 from him and adjustment of status for me. Did I get this right?

I am also wondering about this:
If we do it, does it mean I can stay in USA and until when?

Also, I am wondering, can I leave USA while I am waiting for the adjustment of status.

How long does it take. I am scared being tied down in case I need to go back to my coutry.

[nichole]

This answer in another might give you some information to consider.

http://www.immihelp.com/forum/showthread.php?t=79042

[pit81]

Thanks, I think I got it how the process goes. But I still don't understand, if we decide to do it, can I leave USA while waiting for the process to be finished.
And does it extend the visa I am on here now.

[nichole]

Your visa is a separate matter. It isn't extended by filing for AOS. You can leave, but you may not get back in. That could be considered as abandonment of your AOS application. You will also have to be available to go to your biometrics appointment and an interview appointment. If you had trouble getting back in, you could start over with a CR1 visa. Even overstays have been ignored and AOS granted easily in the past. Lately denials have been popping up more frequently in cases I have read about with over-stays. There is also an advance parole document(I-131) you can apply for. But even with that, you are not 100% guaranteed re-entry. It's always up to the officer on duty that day. My personal opinion is apply while your visa is still valid and don't leave the US until you have a green card. It'll only be 4 months or so.

[pit81]

Thanks, I think I got it.

The only thing I am not sure I understand is the time for the green card. I thought it takes 8 months, a year to get it. But if I understand you well I can apply now, while my tourist visa is good and stay in USA until the process is finished. And I would only have to wait 4 months?

[nichole]

Some recent ones I'm aware of went to the biometrics appointment about a month after applying, got their work authorization and travel document 2 months after applying, and were approved at interview 4 months after applying.

If you read all the forms and their separate instructions carefully and get your paperwork and check($) perfect then it can go quickly. You will get "requests for evidence" letters if you leave things out, which causes delays. Read the details about where to send things, how to make out the check, etc or they will send the whole thing back for you to so it properly.

File everything together, but organize them as separate applications with their submission requirements, ie each could say send passport photos.
Don't assume one photo will do for the whole lot. They get processed in different places so each needs to be complete according to their instructions.

You get two other applications at no charge if filed with the I-485 (AOS). That's the Advance Parole travel document (I-131) and Work Authorization (I-765).

There's things that have to go in with the applications, like Form I-693 medical exam report from a civil surgeon and the I-864 affidavit of support with income tax returns and other proofs of the US citizen's income meeting the required amount. Don't forget any foreign documents not in English (birth certificate) have to be sent along with a certified translation. Lots to read and study to have the applications sail through. And a couple of thousand dollars by the time you finish probably.

[pit81]

Got it all, thanks for this post, I was scared it can't be done in less than a year which is really a long period not being able to travel.

Can you point me where to find out how many copies of birth cert. and other documents will I need.

I don't understand the term certified copy, as we can get a paper from the state in more than one copy. All of them being actually original documents. I can also take one and stamp photocopies in the court which makes them legal too.

Then, if I get them translated, should I do it in my country or USA. In my coutry I would get one stamped copy of translation, do I copy it and stamp it in court and have more than one translation. Do I need to provide a paper saying the translator is official or just need to have a stamp on the translation?

So many things look confusing to me when it comes to those copies and what is valid for USA or not.

[nichole]

Forgot to say, it is my understanding, that once you have applied for AOS (especially while you are still in status) that you are allowed to remain in the US while you await a decision. That doesn't mean your visa is extended and you can come and go. It means you can't be deported if your visa expires while you await the AOS decision. Should you be denied then you would have immediate deportation proceedings and the days out of status from your visa expiration would be counted toward a possible 3 or 10 year ban from entering the US for any reason. They can deny you for simple reasons like failing to show up at an appointment or responding to a request for evidence just one day late. If you move and don't get mail from them to know about such, it can screw you. It's not like they are punishing you...it's just the rules that without providing what they ask for when your turn comes up to be adjudicated, they can't approve you with things missing. So they have to deny the application.

[pit81]

Oh, so if I am getting this right, if I leave I can miss the apointment. But if I stay I am overstaying and breaking the rules.

Guess no win there

Any help with the info on the exact form of the documents?

[nichole]

Stay, apply, respond on time to any requests for evidence, attend appointments, and your overstay is put on hold while you await a decision. And your overstay will be ignored if they approve you for a green card.

Look at the purple tabs at the top of this forum. One says "Greencard". Click and start reading and clicking every link to read more. It's all here-- the forms, hints, sample forms filled out. Don't nelect to read the actual instructions that are sometimes separate from the form download. Read USCIS.gov. If you get stuck, ask a specific question. It's alot of work and a lot of paperwork to put together.

Adjusting from a tourist visa about to expire has risks, but it can be done. Safer is go home before you are out of status and apply for the IR1 visa and come back eligible to work, get a social security card, and a driver's license immediately.

[pit81]

Does anyone know about translation in this case:

my country issues "international documents" like birth certificates and marriage certificate. I got them both but they are in my language and French. It is considered the international version and is valid everywhere!

I am wondering now if it will be valid in USA or the international version needs to be translated?