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I485 adjustment of status

#1 arualsesiom

arualsesiom

    Junior Member

  • PipPip


Posted 08 November 2010 - 04:02 PM

who need to send the I485 adjustment of status

I have a usa "B1/B2 VISA/BCC and bording crossing card"
and I pretend to live in the us when I send the forms to chicago

but my sister in law does not have visa and she will apply while she is in Mexico

I want to know who needs to file the I485 me or her? OR BOTH?
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#2 Inky

Inky

    Elder Member



Posted 08 November 2010 - 04:10 PM

What are you adjusting on the basis of?

You can't PRETEND to live in the US. They will know you don't live here.
  • 0

-------------------------------------------- Posted Image


Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#3 arualsesiom

arualsesiom

    Junior Member

  • PipPip


Posted 08 November 2010 - 04:24 PM

What are you adjusting on the basis of?

You can't PRETEND to live in the US. They will know you don't live here.


they told that when i send the forms i shold come to the usa and all the forms should have the usa address so i will be living in the us when i send the forms, and i will be waiting for an answer while im in the us so it will be like 3 months while i receive an asnwer from them, so i will be entering as a visitor and I will stay in the usa waiting for an answer
  • 0

#4 Inky

Inky

    Elder Member



Posted 08 November 2010 - 04:28 PM

are you adjusting from a fiance or spousal visa? are you adjusting because you married an american? You cant just get a green card for being a tourist who wants to live in america...


Who told you to enter as a visitor and adjust status? Entering as a visitor with intent to stay is fraud because you are not visiting.
  • 0

-------------------------------------------- Posted Image


Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#5 arualsesiom

arualsesiom

    Junior Member

  • PipPip


Posted 08 November 2010 - 05:09 PM

are you adjusting from a fiance or spousal visa? are you adjusting because you married an american? You cant just get a green card for being a tourist who wants to live in america...


Who told you to enter as a visitor and adjust status? Entering as a visitor with intent to stay is fraud because you are not visiting.


well im adjusting for spousal visa, i married a us citizen

I went to the uscis office and the inmigrant who works there told me that,
he told me to come to the usa and then send the forms and wait for an answer but that is my doubt,
he told me to send the forms all together
I864,I485, I765, I131, I130, I693, G324A

but i can get the green card while im in mexico or while im in the us what is the procedure?
  • 0

#6 Inky

Inky

    Elder Member



Posted 08 November 2010 - 05:15 PM

You can only get a greencard IN the US.

You need to apply for a spousal visa first... your US citizen husband needs to petition you then you will have an interview in your country and then you can come to US when you get the visa in your passport. After that you apply for the greencard.


If you come to america as visitor and then lie saying you are just visiting but then you apply for a greencard you will get in trouble. Because you lied to get in.



Read this here ok -

K-3 visa step by step guide. http://www.visajourn...content/k3guide

Or you can do a CR-1 which is a bit less expencive than the K-3 http://www.visajourn...tent/i130guide1

If you are not married yet you need to file for K-1 fiance visa but if you are already married you can do CR-1 (for cheaper than K-3 plus k-3 might get canceld because they are closing it as CR-1 is faster )
  • 0

-------------------------------------------- Posted Image


Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#7 arualsesiom

arualsesiom

    Junior Member

  • PipPip


Posted 08 November 2010 - 05:30 PM

You can only get a greencard IN the US.

You need to apply for a spousal visa first... your US citizen husband needs to petition you then you will have an interview in your country and then you can come to US when you get the visa in your passport. After that you apply for the greencard.


If you come to america as visitor and then lie saying you are just visiting but then you apply for a greencard you will get in trouble. Because you lied to get in.



Read this here ok -

K-3 visa step by step guide. http://www.visajourn...content/k3guide

Or you can do a CR-1 which is a bit less expencive than the K-3 http://www.visajourn...tent/i130guide1

If you are not married yet you need to file for K-1 fiance visa but if you are already married you can do CR-1 (for cheaper than K-3 plus k-3 might get canceld because they are closing it as CR-1 is faster )


ok this is very helpful, when i file those forms i still can visit the usa or they will retain my visa? after that it is neccessary to file the others forms the I485, I765, I131 and I693

I want to make the procedure easier and cheaper but i want to still be able to visit the usa
  • 0

#8 belinda63

belinda63

    Diamond Member



Posted 08 November 2010 - 05:39 PM

Step by step.

You need to go live in Mexico for now. You cannot come to the US on a tourist visa or border crossing pass with the intent to remain or obtain a green card. You also cannot lie on any of the paperwork, doing so could lead to a life-time ban from ever coming to the US for misrepresentation.
Your spouse needs to read the guides above for the CR-1 visa and file the appropriate paperwork which if it is approved you can apply for a visa at the embassy in Mexico.
If your visa is approved you will then come to the US (you do have to opportunity to visit if permitted while awaiting the process). After you arrive you will be mailed your green card.


Now I am confused about what the sister-in-law has to do with any of this and on what grounds she would apply for a visa. Please clarify.
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#9 arualsesiom

arualsesiom

    Junior Member

  • PipPip


Posted 08 November 2010 - 05:59 PM

Step by step.

You need to go live in Mexico for now. You cannot come to the US on a tourist visa or border crossing pass with the intent to remain or obtain a green card. You also cannot lie on any of the paperwork, doing so could lead to a life-time ban from ever coming to the US for misrepresentation.
Your spouse needs to read the guides above for the CR-1 visa and file the appropriate paperwork which if it is approved you can apply for a visa at the embassy in Mexico.
If your visa is approved you will then come to the US (you do have to opportunity to visit if permitted while awaiting the process). After you arrive you will be mailed your green card.


Now I am confused about what the sister-in-law has to do with any of this and on what grounds she would apply for a visa. Please clarify.


ok the procedure is clear

we are filing the forms at the same time but my sister-in-law doesnt have the visa and we have the doubt if either have to file the I485 now or later if its any difference because i have my visa and she doesn愒 and we are married to a us citizen, it will be the same procedure that you told me before
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#10 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.



Posted 08 November 2010 - 06:20 PM

You don't "have the visa." You have a visitor visa which is for visiting, NOT immigrating.

For your sister in law, it is the same procedure, but she will have to wait for her priority date to be current, which takes 8-16 years. I think it is around 16 for Mexico, but not sure.

Once you get that CR1 visa you will not need to file the 485.
  • 0

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#11 Inky

Inky

    Elder Member



Posted 08 November 2010 - 06:38 PM

Yep like everyone and I have been saying.


You AND your sister have to have your US CITIZEN HUSBANDS file the SPOUSAL VISA for you. - a visitor visa is NOTHING and you cannot use that to get a greencard since you have intent to immigrate and that is fraud. If you use your visitor visa to enter and immigrate you can be deported from the US and banned for immigration fraud.


Look at the CR-1 step by step guide and get your husband to start working on the CR-1 for you and your sisters husband to start the CR-1 for her.
  • 0

-------------------------------------------- Posted Image


Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#12 arualsesiom

arualsesiom

    Junior Member

  • PipPip


Posted 08 November 2010 - 07:37 PM

Yep like everyone and I have been saying.


You AND your sister have to have your US CITIZEN HUSBANDS file the SPOUSAL VISA for you. - a visitor visa is NOTHING and you cannot use that to get a greencard since you have intent to immigrate and that is fraud. If you use your visitor visa to enter and immigrate you can be deported from the US and banned for immigration fraud.


Look at the CR-1 step by step guide and get your husband to start working on the CR-1 for you and your sisters husband to start the CR-1 for her.


ok thanks to everybody for the help its very helpful all the comments its very difficult because one person says something and then another person says another thing, and is very difficult doing this without a lawer all this to save money
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