Jump to content
kashif01

apply for adjustment of status or citizenship directly

19 posts in this topic

Recommended Posts

My husband is a US citizen and I have been visiting him for the last 3 years for 6 months on a tourist visa (B1/B2). We have a son who was born in the United States. I am not sure which application I should go for. I should apply for adjustment of status or can I directly apply for citizenship as I have been married for over 3 years now and have been visiting USA for last 3 years and have been leaving the country after every 6 months for few months as I was on B1/B2. Currently, I am in the US and will be here for another 6 months.

Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

I want to know what best will suit my situation.

Thanks

Share this post


Link to post
Share on other sites

You are ineligible to file for US citizenship. If you wish, you can file for permanent residency. Follow this guide if that's the path you wish to follow: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

My husband is a US citizen and I have been visiting him for the last 3 years for 6 months on a tourist visa (B1/B2). We have a son who was born in the United States. I am not sure which application I should go for. I should apply for adjustment of status or can I directly apply for citizenship as I have been married for over 3 years now and have been visiting USA for last 3 years and have been leaving the country after every 6 months for few months as I was on B1/B2. Currently, I am in the US and will be here for another 6 months.

Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

I want to know what best will suit my situation.

Thanks

You must be a LPR for 3 years AND married to a USC for 3 years. So you will be married for at least 6 years beore you are eligible to become a USC. You need to file for AOS. I would have a look at the I-864 form to determine if your husband makes enough for all the dependants he has to claim--you, your son together, his son from the previous marriage, and himself. That is a fanily size of 4 for the poverty guidelines. If you are currently in the US, you can apply for AOS by completign the I-130 and the I-485 forms. If you are currently outside the US you will need to have you husband file the I-130 spousal visa and wait for it to be approved before you receive your GC.

Dave

Edited by Dave&Roza

Share this post


Link to post
Share on other sites

Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

Share this post


Link to post
Share on other sites

When did you enter the US?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

You aren't even here legally, what makes you think you can simply apply for citizenship. Become legal first

I am in the USA as a tourist as of now

When did you enter the US?

10th march 2015

Share this post


Link to post
Share on other sites

So 4 1/2 months left not 6.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

It could have


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

You must be a LPR for 3 years AND married to a USC for 3 years. So you will be married for at least 6 years beore you are eligible to become a USC. You need to file for AOS. I would have a look at the I-864 form to determine if your husband makes enough for all the dependants he has to claim--you, your son together, his son from the previous marriage, and himself. That is a fanily size of 4 for the poverty guidelines. If you are currently in the US, you can apply for AOS by completign the I-130 and the I-485 forms. If you are currently outside the US you will need to have you husband file the I-130 spousal visa and wait for it to be approved before you receive your GC.

Dave

Kindly, clarify if I need to fill in these forms as well while dispatching a packet including I-130 and I-485: 1) I-864, Affidavit of Support 2) I-765, Application for Employment Authorization

OR these are sent later

Many Thanks

Share this post


Link to post
Share on other sites

It's stated in the guide I linked above.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

Kindly, clarify if I need to fill in these forms as well while dispatching a packet including I-130 and I-485: 1) I-864, Affidavit of Support 2) I-765, Application for Employment Authorization

OR these are sent later

Many Thanks

Yes, you need i-864 and i-693 and a lot of supporting documentation. Read the guide.

Share this post


Link to post
Share on other sites

What country are you from that you are so easily coming back and forth?


Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

Nothing abnormal about your husband having two ex-wives. He will need to get a certified copy of those divorce decrees though to show he was legally able to marry you.


USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Share this post


Link to post
Share on other sites

You aren't even here legally, what makes you think you can simply apply for citizenship. Become legal first

and you need to educate yourself better, she is here on a tourist visa, she is here legally, so please don't talk down to people if you are going to be ignorant, just stay quiet.


IR-1/CR-1 Visa
Service Center : Texas Service Center
Consulate : Dominican Republic
Marriage: 2014-02-03
I-130 Sent : 2014-05-28
I-130 NOA1 : 2014-06-02
I-130 Approved : 2014-10-30
NVC Received : 2014-11-13
NVC Case: 2014-12-11
DS-261 Filled and Submitted: 2014-12-12
AOS Bill Payment Made: 2014-12-14 (payment portal was having problems/mailed payment)
AOS Bill Showed Paid: 2014-12-16
Received IV Bill: 2014-12-20
Paid IV Bill: 2014-12-24
Sent AOS & IV: 2014-12-17
Package Received by NVC: 2014-12-18
Scanned Date into NVC (e-mail received): 2014-12-18
Submitted DS-260: 2014-12-29
Checklist Received: 2015-02-18 (for not sending the right birth & marriage certificate
Checklist Scaned: 2015-02-23
Supervisor Review Req: 2015-03-31
Case Complete: 2015-04-06
Interview Scheduled: 2015-04-24
Interview Date: 2015-06-03
Package 4 Received: 2015-05-04
Medical Done: 2015-05-19
Interview Result: -
Visa Received: 2015-xx-xx
POE: 2015-xx-xx


Here is the Link for the Spreadsheet

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×