I-130 concurrently with the I-465

[gregoryagu 30]

Hello All,

 

All is well in my life.  Girlfriend arrived from Russia on Tourist Visa March 28,  and after having so much fun together, decided to make it a permanent arrangement and had a civil marriage on May 5, 2017.  We then planned and executed a Church wedding on June 24th, followed by a honeymoon to Hawaii that we just returned from.

 

Now for the paperwork. 

 

As far as I understand it, I need to do a I-130 concurrently with the I-465.  In other words, follow the instructions here: http://www.visajourney.com/content/i130guide2 Is that correct?

 

I have most of the paperwork done for this.  The only question I have at this time is how long does it take them to cash the check once I send it in?  I was not expecting a price tag of almost $2,000 for the two forms : 1225 + 535.  I am going to have to do some saving to pay for that.

 

I just want to make sure I am on the right track here.

Edited July 19, 2017 by gregoryagu

[KULtoATL 1,551]

.

Edited July 19, 2017 by KULtoATL

[pushbrk 12,110]

Right track.  Wrong forum.

[Transborderwife 4,666]

--moved to AOS from tourist/student visa as question pertains to this path --

[Transborderwife 4,666]

31 minutes ago, gregoryagu said:

Hello All,

 

All is well in my life.  Girlfriend arrived from Russia on Tourist Visa March 28,  and after having so much fun together, decided to make it a permanent arrangement and had a civil marriage on May 5, 2017.  We then planned and executed a Church wedding on June 24th, followed by a honeymoon to Hawaii that we just returned from.

 

Now for the paperwork. 

 

As far as I understand it, I need to do a I-130 concurrently with the I-465.  In other words, follow the instructions here: http://www.visajourney.com/content/i130guide2 Is that correct?

 

I have most of the paperwork done for this.  The only question I have at this time is how long does it take them to cash the check once I send it in?  I was not expecting a price tag of almost $2,000 for the two forms : 1225 + 535.  I am going to have to do some saving to pay for that.

 

I just want to make sure I am on the right track here.

You might want to do things asap.  In current political climate, your wife is deportable the day that her I-94 expires.  Beg, borrow, don't steal anything to get that $2k.  It takes about two weeks to cash.  She will also require a medical to the tune of $150+ and vaccinations.

[tato2017 41]

Here is the list for you: Make sure to read instruction for each form.

 

Form I-130 Petition for Alien Relative
https://www.uscis.gov/i-130

Form I-130A Supplemental Information for Spouse Beneficiary
https://www.uscis.gov/i-130

Form I-485 Application to Register Permanent Residence or Adjust Status
https://www.uscis.gov/i-485

Form I-693 Report of Medical Examination and Vaccination Record (Must be sealed by civil surgeon and you dont need to send it with your original package, you can send it later on or take it to interview with you)
https://www.uscis.gov/i-693

Form I-864 Affidavit of Support under Section 213A of the INA
https://www.uscis.gov/i-864

Form I-765 Application for Employment Authorization
https://www.uscis.gov/i-765

Form I-131 Application for Travel Document (File this if you are planning to travel during AOS process)
https://www.uscis.gov/i-131

Form G-1145 E-Notification of Application/Petition Acceptance
https://www.uscis.gov/g-1145

[xillini 71]

looking over your case, your gf entered March 28th, and you guys married on May 3rd? 

 

Okay, there are 60 days rule by USCIS's internal policy that like your case, a foreign spouse enters U.S. and before 60 days ticking off, when a foreign spouse is married to a U.S.C, USCIS's agent is supposed to taken further vet to see if the purpose of the foreign spouse to enter U.S. border is to get married or not. 

 

What this means is that your spouse came to U.S. on tourist visa, for which the purpose of visiting U.S. should have been "travelling" but since you guys get married within 60 days of her enter to U.S., they may deny AOS, claiming that her purpose of U.S. tourist visa was violated, and therefore, it is violation of immigration laws, and since there is already serious violation of immigration laws, she may be denied for AOS due to this ground. 

 

Why 60 days? Because USCIS believes that 60 days may be enough time to develop relationship and fall into love. 

The problem is, ironically, for those people who are visiting as tourist visa and getting married for AOS, they already get consulted by experienced attorney and they filed AOS only after 60 days even if they are technically married living together, knowing that USCIS has 60 days internal policy, and the couples want to avoid extra vetting on AOS. In other words, after talking to attorney, the foreign spouse comes to US with tourist visa and meet the USC, living together 60 days, and around 70-80 days, they officially married and then filed for AOS

while people who don't want to afford attorney often makes this kind of mistakes and USCIS takes extra vetting procedures. 

(Well, life is anyway unfair, believe it or not) 

 

Also, I believe in I-485, there is a question asking intending immigrants "Have you ever violated immigration laws?" Most applicant says No, but in your case it may be Yes, which I don't know answer cuz I don't know exact circumstance you and your foreign spouse's case. Again, since USCIS has 60 days policy, they may decide that her enterance to US is already violations of laws but despite this, if you put "No" to this answers, USCIS also decides that the application is falsely claimed (or lie), and therefore it is ground to deny I485, or AOS. 

So, I would highly suggest to talk to attorney and use their experiences. 

 

It may cost more, but using attorney's experience, you guys won't have to face serious consequences and stress due to delayed processing time. 

 

Edited July 19, 2017 by xillini

[Transborderwife 4,666]

1 hour ago, xillini said:

looking over your case, your gf entered March 28th, and you guys married on May 3rd? 

 

Okay, there are 60 days rule by USCIS's internal policy that like your case, a foreign spouse enters U.S. and before 60 days ticking off, when a foreign spouse is married to a U.S.C, USCIS's agent is supposed to taken further vet to see if the purpose of the foreign spouse to enter U.S. border is to get married or not. 

 

What this means is that your spouse came to U.S. on tourist visa, for which the purpose of visiting U.S. should have been "travelling" but since you guys get married within 60 days of her enter to U.S., they may deny AOS, claiming that her purpose of U.S. tourist visa was violated, and therefore, it is violation of immigration laws, and since there is already serious violation of immigration laws, she may be denied for AOS due to this ground. 

 

Why 60 days? Because USCIS believes that 60 days may be enough time to develop relationship and fall into love. 

The problem is, ironically, for those people who are visiting as tourist visa and getting married for AOS, they already get consulted by experienced attorney and they filed AOS only after 60 days even if they are technically married living together, knowing that USCIS has 60 days internal policy, and the couples want to avoid extra vetting on AOS. In other words, after talking to attorney, the foreign spouse comes to US with tourist visa and meet the USC, living together 60 days, and around 70-80 days, they officially married and then filed for AOS

while people who don't want to afford attorney often makes this kind of mistakes and USCIS takes extra vetting procedures. 

(Well, life is anyway unfair, believe it or not) 

 

Also, I believe in I-485, there is a question asking intending immigrants "Have you ever violated immigration laws?" Most applicant says No, but in your case it may be Yes, which I don't know answer cuz I don't know exact circumstance you and your foreign spouse's case. Again, since USCIS has 60 days policy, they may decide that her enterance to US is already violations of laws but despite this, if you put "No" to this answers, USCIS also decides that the application is falsely claimed (or lie), and therefore it is ground to deny I485, or AOS. 

So, I would highly suggest to talk to attorney and use their experiences. 

 

It may cost more, but using attorney's experience, you guys won't have to face serious consequences and stress due to delayed processing time. 

 

So many errors in this response

[azblk 338]

3 hours ago, xillini said:

 

 

Okay, there are 60 days rule by USCIS's internal policy that like your case, a foreign spouse enters U.S. and before 60 days ticking off, when a foreign spouse is married to a U.S.C, USCIS's agent is supposed to taken further vet to see if the purpose of the foreign spouse to enter U.S. border is to get married or not.

There is nothing like that. It is an urban legend among immigrants.

[Neonred 3,446]

7 hours ago, azblk said:

There is nothing like that. It is an urban legend among immigrants.

While not an urban legend, it simply is no longer applied.  Here is some info I posted a few weeks ago:

 

Although I do not think it is relevant anymore, here is evidence the 30/60 day rule existed

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter3.html

 

More clearly defined

 

https://fam.state.gov/FAM/09FAM/09FAM030209.html

 

[azblk 338]

19 minutes ago, Neonred said:

While not an urban legend, it simply is no longer applied.  Here is some info I posted a few weeks ago:

 

Although I do not think it is relevant anymore, here is evidence the 30/60 day rule existed

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter3.html

 

More clearly defined

 

https://fam.state.gov/FAM/09FAM/09FAM030209.html

 

you should note that it is a state department rule and NOT USCIS. There is a difference between the two - state department gives visas and USCIS handles AOS. Even at the state department it is a non binding rule.

 

 

3. The U.S Department of State’s 30/60 Day Rule

The U.S. Department of State (DOS) has developed a 30/60-day rule to assist consular officers in evaluating misrepresentation in cases involving a person who was in the United States and whose conduct is or was inconsistent with representations made to the consular officer concerning his or her intentions at the time of the visa application. [8]

An officer should keep in mind that the 30/60 day rule is not a “rule” in the sense of a binding principle of decision. The rule is simply an analytical tool that may be helpful in resolving in a particular case whether a person’s actions support of finding of fraud or misrepresentation. Officers must not use Foreign Affairs Manual (FAM) guidance in a denial.

Edited July 20, 2017 by azblk

[Neonred 3,446]

43 minutes ago, azblk said:

you should note that it is a state department rule and NOT USCIS. There is a difference between the two - state department gives visas and USCIS handles AOS. Even at the state department it is a non binding rule.

 

 

You should note this is found in the USCIS policy manual. 

Also:

 

(2)  (U) Applying 30/60 Day Rule When Alien Violates Status:  You should apply the 30/60-day rule if an alien states on his or her application for a nonimmigrant visa, or informs an immigration officer at the port of entry (POE), that the purpose of his or her visit is consistent with that nonimmigrant status and then violates such status by:

(a)  (U) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(b)  (U) Enrolling in a full course of academic study without the benefit of the appropriate change of status;

(c)  (U) Marrying and taking up permanent residence; or

(d)  (U) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

Just pointing out it is NOT an urban legend.

 

No longer matters anyway.

[Transborderwife 4,666]

9 hours ago, Neonred said:

You should note this is found in the USCIS policy manual. 

Also:

 

(2)  (U) Applying 30/60 Day Rule When Alien Violates Status:  You should apply the 30/60-day rule if an alien states on his or her application for a nonimmigrant visa, or informs an immigration officer at the port of entry (POE), that the purpose of his or her visit is consistent with that nonimmigrant status and then violates such status by:

(a)  (U) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(b)  (U) Enrolling in a full course of academic study without the benefit of the appropriate change of status;

(c)  (U) Marrying and taking up permanent residence; or

(d)  (U) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

Just pointing out it is NOT an urban legend.

 

No longer matters anyway.

Matter of Battista overrides all of this.

[xillini 71]

With all due respect, yes, it may no longer apply, but senior ISO may still be applying it and if they mistakenly apply it, who will be responsible?

It is the intending immigrants who applied for the petition.  

 

When reviewing immigration petition, it is easy to suspect tiny evidence like this. It is reviewed by comprehensivly and holistic that 60 day rules may not strictly enforced, but it is the trigger that USCIS may review more vigorously without officially telling the applicants/petitioners.

 

USCIS won't just issue NOID "yeah, you violate 60 days rules so we are giving you NOID", but issue RFE, asking to submit more documents to prove bona-fide marriage followed by direct questions asking if intending immigrant had intention to get married at the port of entry during AOS interview, which will be tricky to answer and may lead to denial. Even after the AOS interview, they may keep delaying it until everything is vigorously checked, and time goes on fast without any immigration benefits. 

 

So I am saying it is simply not the worth to take this kind of risks by submitting AOS before 60 days. If possible, it is best of interest to apply AOS after 60 days so this kind of vigorous review is avoided. In the end of the days, everyone will be happy if petitioner/beneficiary get green cards, and USCIS doesn't have to suspect the marriage and any potential serious violations of laws, right? 

 

I believe in any immigration petition or any kind of legal fights, "it is better safe than sorry" should be recommended than "nothing hurts to try and see what happens". Just my personal opinion if anything

Edited July 23, 2017 by xillini

[Neonred 3,446]

7 hours ago, xillini said:

USCIS won't just issue NOID "yeah, you violate 60 days rules so we are giving you NOID", but issue RFE, asking to submit more documents to prove bona-fide marriage followed by direct questions asking if intending immigrant had intention to get married at the port of entry during AOS interview, which will be tricky to answer and may lead to denial. Even after the AOS interview, they may keep delaying it until everything is vigorously checked, and time goes on fast without any immigration benefits. 

 

 

Where are you getting your information?  If you look at similar filings on VJ that just is not the case. 

 

Perhaps this is just your "feeling" without facts to back it up?