Adjustment of status and quick intro

[Great_White77 0]

Hello All, After spending some time on this site ive decided to do my AOS filing on my own, plus the Attorney fees to get it done was way beyond what i can afford. I was hoping that you kind folk would help me along the way

SO here is my info, I came to the US on June 10th 2016 and married my girlfriend of over 1 year on Friday 12th Aug 2016. We have been dating for a little over and year, she visited me once in my country and i visited her 3 times in the US. She is an American citizen and is ready to sponsor me so I can adjust my status. I came here on a visitor B2 visa. My visa is valid and stamped by CBP for length of stay until December 12th 2016. Our marriage is legitimate, we are just one month apart in age and we met online via a common hobby.

Now she was previously married and her divorce became absolute in December 2015. I was also previously married and my divorce became absolute on Aug 9th 2016. MY ex wife and I has been living separated for about a year, then we filed for a divorce, during the separation this is when I met my now wife.

I have one son with my ex wife, he is a minor and we agreed on joint legal and physical custody of him. My son is also here with me in the US now, he also came on a B2 visitor visa. My wife is also willing to sponsor him also to adjust his status. My ex wife has granted me permission for that and whatever necessary arrangements need to be made.

Thats basically my current situation. I dont have any criminal records and never had any issues with my passport and visa at my home country or while I visited in the US, English is also my first language and all my official documents are in english.

To sum up:

both my son (minor) and I is presently in the US on a non immigrant visitor visa

Recently married in the US, my spouse is a US Citizen and falls within the financial bracket to sponsor myself and my son

Both petitioner and benificiary both legally divorced

I would be applying for AOS for the both of us (my son and I), I-485 form

Applying for EAD - I-765 form

Applying for travel document for myself and my son - I-131 form

My spouse would have to apply for Petition for Alien Relative, I-130 form

Im looking over this link to familiarize myself with the whole process and about to prepare my documents

http://www.visajourney.com/content/i130guide2

I have a couple questions and would appreciate any help offered

1) when doing the i-485 form , do I have to do a completely separate form and package for my son?

2) would my ex wife need to give some sort of written consent of her permission to do this process for my son?

3) would my spouse have to do a completely separate form and package for my son for petition for him? (i-131)

Thank you.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WSTourist-based AOS Forum~

~Adjusting from tourist visa~

[Starkilla09 366]

Hello All, After spending some time on this site ive decided to do my AOS filing on my own, plus the Attorney fees to get it done was way beyond what i can afford. I was hoping that you kind folk would help me along the way

SO here is my info, I came to the US on June 10th 2016 and married my girlfriend of over 1 year on Friday 12th Aug 2016. We have been dating for a little over and year, she visited me once in my country and i visited her 3 times in the US. She is an American citizen and is ready to sponsor me so I can adjust my status. I came here on a visitor B2 visa. My visa is valid and stamped by CBP for length of stay until December 12th 2016. Our marriage is legitimate, we are just one month apart in age and we met online via a common hobby.

Now she was previously married and her divorce became absolute in December 2015. I was also previously married and my divorce became absolute on Aug 9th 2016. MY ex wife and I has been living separated for about a year, then we filed for a divorce, during the separation this is when I met my now wife.

I have one son with my ex wife, he is a minor and we agreed on joint legal and physical custody of him. My son is also here with me in the US now, he also came on a B2 visitor visa. My wife is also willing to sponsor him also to adjust his status. My ex wife has granted me permission for that and whatever necessary arrangements need to be made.

Thats basically my current situation. I dont have any criminal records and never had any issues with my passport and visa at my home country or while I visited in the US, English is also my first language and all my official documents are in english.

To sum up:

both my son (minor) and I is presently in the US on a non immigrant visitor visa

Recently married in the US, my spouse is a US Citizen and falls within the financial bracket to sponsor myself and my son

Both petitioner and benificiary both legally divorced

I would be applying for AOS for the both of us (my son and I), I-485 form

Applying for EAD - I-765 form

Applying for travel document for myself and my son - I-131 form

My spouse would have to apply for Petition for Alien Relative, I-130 form

Im looking over this link to familiarize myself with the whole process and about to prepare my documents

http://www.visajourney.com/content/i130guide2

I have a couple questions and would appreciate any help offered

1) when doing the i-485 form , do I have to do a completely separate form and package for my son?

2) would my ex wife need to give some sort of written consent of her permission to do this process for my son?

3) would my spouse have to do a completely separate form and package for my son for petition for him? (i-131)

Thank you.

1. Yes you are two separate cases so 2 separate petitions will be filed for each of you guys. In order words she has to file and pay separate fees for you 2 on all forms. ( I-130 and I-485) EAD and AP have no fee when filing concurrently together. Your package as an adult will cost $1490, your son's should be slightly cheapest since he's a minor and biometric fees should be waived if he's under 14. Check fees at USCIS.gov with instructions on forms.

2. No, your ex wife doesn't have to give consent for him to be a permanent resident.

3. Yes, as mentioned above.

[Great_White77 0]

1. Yes you are two separate cases so 2 separate petitions will be filed for each of you guys. In order words she has to file and pay separate fees for you 2 on all forms. ( I-130 and I-485) EAD and AP have no fee when filing concurrently together. Your package as an adult will cost $1490, your son's should be slightly cheapest since he's a minor and biometric fees should be waived if he's under 14. Check fees at USCIS.gov with instructions on forms.

2. No, your ex wife doesn't have to give consent for him to be a permanent resident.

3. Yes, as mentioned above.

Thank you Starkilla09

[Great_White77 0]

so started fulling out the forms, my wife who is the US citizen (petitioner) is doing the 1-130 form for me, we have a couple questions, in Section C, the area "information about your relative " question # 2, "Address". Do i put my address im here with her in the US? or my actual home address in my country of birth? bear in mind im in the US on a B2 visitor visa to visit her and we got married.

Question 15: Name of address of present employer (if any)

Is this question for the petitioner (Wife) or the beneficiary (me)?

Question 21: if filing for your spouse, give last address where you lived together: From: TO:

seeing that we had a long distance relationship, we have never lived together, until now that we are married in the US im staying with her, but ive visited her in the past and I stayed with her at her place for a couple weeks.

What do I put here?

Any help appreciated

[Starkilla09 366]

so started fulling out the forms, my wife who is the US citizen (petitioner) is doing the 1-130 form for me, we have a couple questions, in Section C, the area "information about your relative " question # 2, "Address". Do i put my address im here with her in the US? or my actual home address in my country of birth? bear in mind im in the US on a B2 visitor visa to visit her and we got married.

Question 15: Name of address of present employer (if any)

Is this question for the petitioner (Wife) or the beneficiary (me)?

Question 21: if filing for your spouse, give last address where you lived together: From: TO:

seeing that we had a long distance relationship, we have never lived together, until now that we are married in the US im staying with her, but ive visited her in the past and I stayed with her at her place for a couple weeks.

What do I put here?

Any help appreciated

Section C question 2 is your address IN the U.S. that you currently cohabilitate with your wife. If you were overseas and your wife was filing a spousal visa for you, it would've been your address abroad.

Question 15 is for YOU the beneficiary (relative). If you're unemployed currently indicate so.

Question 21 is the timeframe you started sharing a residence together. This should be when you guys moved in (perhaps when you just moved to the U.S. assuming you visited her and have been with her since then).

[Great_White77 0]

GOT IT! thanks

one more question for this form,

Section C #17

"list spouse and all all children of your relative"

This is where my wife (petitioner) would list her name, relationship- wife

and then my son's name relationship - son

is that correct?

[Great_White77 0]

Question 21 is the timeframe you started sharing a residence together. This should be when you guys moved in (perhaps when you just moved to the U.S. assuming you visited her and have been with her since then).

also there is a from and to for the date, so i put the date i started living here with her and in the "to" box i put today's date, good so far?

[Starkilla09 366]

GOT IT! thanks

one more question for this form,

Section C #17

"list spouse and all all children of your relative"

This is where my wife (petitioner) would list her name, relationship- wife

and then my son's name relationship - son

is that correct?

NO! C17 is still information about the relative which is you. Your wife will list you, her relationship with you, date and country of birth, as well as those of YOUR children in and out of the U.S.

also there is a from and to for the date, so i put the date i started living here with her and in the "to" box i put today's date, good so far?

Yes.

[Great_White77 0]

you are a life saver Starkilla

[Great_White77 0]

So im done with the i-130 form for both my son and myself

completed the i-765 EAD form for myself

did the i-485 AOS form for myself and one for my son, i have one question about that, i just need to know in both forms (myself and one for my son)

PART 2: Application type

I would be going with "b" for both forms correct? "my spouse or parent applied for adjust of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children"

Im now on the I-864 sponsorship form which my wife (petitioner) is fulling out.

Questions:

does she have to fill out 2 of this? one for me and one for my son?

[Harpa Timsah 13,258]

Application type is A.

One I-864 for each.

[Starkilla09 366]

So im done with the i-130 form for both my son and myself

completed the i-765 EAD form for myself

did the i-485 AOS form for myself and one for my son, i have one question about that, i just need to know in both forms (myself and one for my son)

PART 2: Application type

I would be going with "b" for both forms correct? "my spouse or parent applied for adjust of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children"

Im now on the I-864 sponsorship form which my wife (petitioner) is fulling out.

Questions:

does she have to fill out 2 of this? one for me and one for my son?

Ya, Harpa is correct above. Also I noticed you didn't mention filling out any I-765 form for your son. I hope you're not leaving it out because he's too young to be employed. You should file for him as well as that will be used to get a social security card for him for various purposes such as filing taxes around the corner early next year, health insurance etc.

[Great_White77 0]

Valuable information! Ill file a ead form for my son. Never thought of that.

Thanks all.

[Great_White77 0]

further question to I-864.

Seeing that i have to do one for my son and one for myself. Im firstly doing the one for myself now,

"part 3: information about immigrants you are sponsoring"

ive checked "yes" to question 1

question 2 "im sponsoring the following family members immigrating at the same time or within 6 months of principal immigrant names in part 2( DO not include any relative listed on a separate visa petition"

Do i put a "X" for this and then list my sons info right after in the "family member # 1" section below?

then when doing the i-864 for my son ill check X at the same section and list myself in family member #1 and relationship - father?

hope you understand the question

Thanks again