Jump to content

5 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Jamaica
Timeline

hello..

recently i married a b2 visa holder and am trying to figure out the direction to go to get his green card.. i have read the guides.. but i notice that some ppl do only the AOS and some also do the I130..is it beneficial to do both? the aos includes the EAD and AP correct??


[07/15/07 Met RG on vacation in Jamaica

07/27/09 He proposes on one of his visits here

08/07/09 We are married!!!!!

AOS from B2 visa

09/03/09 Completed medical.. all clear!!

09/21/09 Sent off I130, I485, I131, I765.. YAYYYYYY[/color]

09/23/09 package received

09/28/2009 all 4 NOA's printed (received on OCT 1ST)

09/30/09 checks cashed!

10/05/09 receive biometrics appt for 10/28/2009

10/13/09 walk in biometrics.. !

10/26/2009 receive interview letter for NOV 30th 11:30!!!! PRAISE GOD!

11/06/2009 receive advance parole papers.. no email, no updates beforehand..

11/16/2009 After 2 WEEKS of checking the mail thinking the EAD and AP come about the same time, we get the "card production ordered" email for the EAD.. better late than never.. thank you LORD!!!

11/19/2009 receive another email stating "card production ordered"

11/23/2009 receive EAD!!!!!!!!!!!!!!!!!!!!

11/30/2009 bittersweet interview, but WE ARE APPROVED

12/02/09 social security card in mail

12/04/09 receive "welcome" letter in mail

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

Since he's already in the US, he needs to file forms I-130, I-485 for his AOS & I-765 for his work permit. Some people only file for AOS because they came to the US with a K1 or K3 visa so they don't need to file an I-130.

You can find the step by step guide in the Guides section of VJ.

Diana


CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Pakistan
Timeline
hello..

recently i married a b2 visa holder and am trying to figure out the direction to go to get his green card.. i have read the guides.. but i notice that some ppl do only the AOS and some also do the I130..is it beneficial to do both? the aos includes the EAD and AP correct??

If your intention at the time of entry into the country was not marriage, yes you can adjust status from a B-2. The right direction is to go back and apply from your home country. Adjusting status from here is risky. A path I chose as well. I-130 only establishes your relationship to your spouse. Simply put, if you apply for I-130, and are appoved, it simply means USCIS recognizes your relationship to the Citizen/LPR. It in no way gives you the right to Live or work here in the US. Once your B-2 expires, you will be out of status. The AOS application(I-485) will determine your right to live here based on your I-130. You can file I-485/I-130 concurrently and be interviewed for both at the same time. EAD & AP are just concessions attached to the AOS application. Approval of I-130 by no means mean that your I-485 will be approved too. Approval of I-485 would automatically get your I-130 approved at the interview.

Hope this helped.


IR5 For Parent

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Jamaica
Timeline

thanks u guys..

i did remember having to do the I130, but i see so many timelines in this forum (aos from other visa such as tourist/student) that did not have an I130 or perhaps it was just missing from the timeline..

thank you for ur help..

when u say it is risky to do it from here, what do u mean? i had no intention of marrying him, in fact i thought this visit would really just show us that we are NOT meant to be and that he would go back home and we could stop all this fantasizing.. once u live together, u know ALL the persons faults LOL ironically, it showed us otherwise..

he didn't quit his job, uhh, he didn't even bring all his clothes.. what could happen.. maybe he should go back?? i don't want to mess up his visitor visa standing becuz of a misunderstanding.. he has had it and travelled for 2 years now..

his b2 is good for another 3 mnths.. i see that AOS will not be approved by then.. so he will be out of status, if AOS denied..he must go back and then we can file CR1 or K3, BUT he won't be able to come visit me becuz of the overstay?? OH MY??? why would a visa be denied when u are married??

what kind of proof do i show that he was going back... letter from employer or something??

sorry for all the questions.. i just don't want to make a mess cuz i didn't know..


[07/15/07 Met RG on vacation in Jamaica

07/27/09 He proposes on one of his visits here

08/07/09 We are married!!!!!

AOS from B2 visa

09/03/09 Completed medical.. all clear!!

09/21/09 Sent off I130, I485, I131, I765.. YAYYYYYY[/color]

09/23/09 package received

09/28/2009 all 4 NOA's printed (received on OCT 1ST)

09/30/09 checks cashed!

10/05/09 receive biometrics appt for 10/28/2009

10/13/09 walk in biometrics.. !

10/26/2009 receive interview letter for NOV 30th 11:30!!!! PRAISE GOD!

11/06/2009 receive advance parole papers.. no email, no updates beforehand..

11/16/2009 After 2 WEEKS of checking the mail thinking the EAD and AP come about the same time, we get the "card production ordered" email for the EAD.. better late than never.. thank you LORD!!!

11/19/2009 receive another email stating "card production ordered"

11/23/2009 receive EAD!!!!!!!!!!!!!!!!!!!!

11/30/2009 bittersweet interview, but WE ARE APPROVED

12/02/09 social security card in mail

12/04/09 receive "welcome" letter in mail

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Pakistan
Timeline
thanks u guys..

i did remember having to do the I130, but i see so many timelines in this forum (aos from other visa such as tourist/student) that did not have an I130 or perhaps it was just missing from the timeline..

thank you for ur help..

when u say it is risky to do it from here, what do u mean? i had no intention of marrying him, in fact i thought this visit would really just show us that we are NOT meant to be and that he would go back home and we could stop all this fantasizing.. once u live together, u know ALL the persons faults LOL ironically, it showed us otherwise..

he didn't quit his job, uhh, he didn't even bring all his clothes.. what could happen.. maybe he should go back?? i don't want to mess up his visitor visa standing becuz of a misunderstanding.. he has had it and travelled for 2 years now..

his b2 is good for another 3 mnths.. i see that AOS will not be approved by then.. so he will be out of status, if AOS denied..he must go back and then we can file CR1 or K3, BUT he won't be able to come visit me becuz of the overstay?? OH MY??? why would a visa be denied when u are married??

what kind of proof do i show that he was going back... letter from employer or something??

sorry for all the questions.. i just don't want to make a mess cuz i didn't know..

The burden of proof lies on the couple to prove that the benificiary had no intention to immigrate at point of entry. A Sound Job, Property, Family ties, Financial Ties, anything and everything is relevant. If he applies for AOS here, his Status will be on hold till your case is decided. So no need to worry about his B-2 expiring in three months. My advice, he should go back and apply for a CR1 or K visa. If he is adjusting from here, do it before your visa expires. Even though a reasonable overstay is usually forgiven, but i wouldn't suggest take that route. If your AOS case is denied, there could be serious consequences that could jeapordize his future entry in the country for years to come. Best of Luck.

Edited by saspak

IR5 For Parent

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
Sign in to follow this  
- 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.
×
×
  • Create New...