Adjusting status from VW

[RobynSway2709 0]

So confused.

>>> Arrived in the US on a VW intentionally for 2 weeks for friends wedding. Boyfriend proposed, so i stayed as my VW was valid for the 90 days. We got married, I have a month left on my valid VW. What do we do now? Can I stay while we are waiting for everything to be processed? Do I have to leave, and if i do what happens?

Really hope someone has answers, we are so confused.

[charlienlaura10 0]

So confused.

>>> Arrived in the US on a VW intentionally for 2 weeks for friends wedding. Boyfriend proposed, so i stayed as my VW was valid for the 90 days. We got married, I have a month left on my valid VW. What do we do now? Can I stay while we are waiting for everything to be processed? Do I have to leave, and if i do what happens?

Really hope someone has answers, we are so confused.

Im not an expert by any means but I've read alot of similar posts, basically you need about $2000 (probably alittle less) and you need to file for adjustment of status ASAP. Before your 90 days is up. There are tons of guides on here and Im sure someone will provide you with more detailed info. Congrats on your marriage, I think thats great and I pray everything works out for you two! People are going to warn you alot on here about this but please dont let fear sway you, if you can gather all the evidence you need then I believe it will be ok. Please keep me up to date!

[payxibka 10,044]

So confused.

>>> Arrived in the US on a VW intentionally for 2 weeks for friends wedding. Boyfriend proposed, so i stayed as my VW was valid for the 90 days. We got married, I have a month left on my valid VW. What do we do now? Can I stay while we are waiting for everything to be processed? Do I have to leave, and if i do what happens?

Really hope someone has answers, we are so confused.

Your USC spouse will file an I-130($355)and you will file an I-485 ($1010). You will assemble each application/petition package separately (including separate fee payments) and submit them together in one envelope.

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

Edited July 31, 2010 by payxibka

[USUY2010 4]

First of all CONGRATS!! I wish you both the very best!

Your USC spouse will file an I-130($355)and you will file an I-485 ($1010). You will assemble each application/petition package separately (including separate fee payments) and submit them together in one envelope.

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

That is correct. Make sure you get a vaccination record from back home if possible, and you'd need around $200 for your medical where you'll get a blood test for syphilis and TB test. If you have a vaccination record, no vaccines, but if you don't vaccines may add up another $200.

Good luck!

[RobynSway2709 0]

Thank you for all your help. Can anyone tell me the cost of everything together? Are there certain states that are more accepting? like California over Kansas ??

x

[USUY2010 4]

It's $355 for I-130, $1010 for I-485.

If you file the working permit, medical certificate and advance parole together with I-485 you don't get charged for those.

The Medical certificate will vary depending on your Civil surgeon, and whether your vaccination record is complete or not. My civil surgeon charged me around $150.

Good luck!

[RobynSway2709 0]

It's $355 for I-130, $1010 for I-485.

If you file the working permit, medical certificate and advance parole together with I-485 you don't get charged for those.

The Medical certificate will vary depending on your Civil surgeon, and whether your vaccination record is complete or not. My civil surgeon charged me around $150.

Good luck!

Thank you. How is it you go about the medical? do you have to do it yourself or is it included in the process and they send for you to have the medical?

[payxibka 10,044]

Thank you. How is it you go about the medical? do you have to do it yourself or is it included in the process and they send for you to have the medical?

You do it yourself and pay for it above and beyond any other filing fees... you must go to a designated USCIS Civil Surgeon and have it done and include the report with the I-485. Google "USCIS Civil Surgeon locator" and the USCIS has a web page that based on your zip code will provide a listing of the nearest CS's to you.

[RobynSway2709 0]

I have gone through the step by step for filing everything, but i still have a few more questions.

>> Do i need to fill out a G-325A for the I-130 and another for the I-485??

>> When you are required to attach a copy of your valid I-94- is that the green form you fill out on the plane and the staple a part of it to your passport? or is it the actuall stamp itself?

>> Affidavit of support required for the I-485 - is that proof of my husbands income? What do we do if he has only been at his current job for a few months and previous to that was unemployed for about a month. ??

>>Also can his father give that proof he will support me?? even if he is in a different state?

>> Can I deffinatly remain in the US once the I-130 and I-485 has been filed? I spoke to someone on the phone at the USCIS ( before I was aware of the I-130 ) and she told me if I file I-485 I would have to leave when my VW expires. Is that true or is it ok to stay if my husband files I-130 ?

>> Does you application get approved at the interview? What happens if they say no? Im very worried because I entered on the VWP.

Thank you for everyones help it really means alot. I dont know what I would do without your help.

[payxibka 10,044]

I have gone through the step by step for filing everything, but i still have a few more questions.

>> Do i need to fill out a G-325A for the I-130 and another for the I-485??

Each application/petition needs to be complete... if the same supporting item is required for both you provide it in each

>> When you are required to attach a copy of your valid I-94- is that the green form you fill out on the plane and the staple a part of it to your passport? or is it the actuall stamp itself? The I-94W (green form) is what they are looking for

>> Affidavit of support required for the I-485 - is that proof of my husbands income? What do we do if he has only been at his current job for a few months and previous to that was unemployed for about a month. ?? Previous years tax returns and current pay stubs

>>Also can his father give that proof he will support me?? even if he is in a different state? Sure as long as he is eligible and willing

>> Can I deffinatly remain in the US once the I-130 and I-485 has been filed? I spoke to someone on the phone at the USCIS ( before I was aware of the I-130 ) and she told me if I file I-485 I would have to leave when my VW expires. No do not leave, the moment you leave your case is abandoned and will be terminated Is that true or is it ok to stay if my husband files I-130 ? No, I-130 alone will not protect you, it is the I-485 that is needed to allow you to remain

>> Does you application get approved at the interview? What happens if they say no? Im very worried because I entered on the VWP. Typically you will know the results at the interview, if you are denied I believe you will be given 30 days to depart

Thank you for everyones help it really means alot. I dont know what I would do without your help.

[RobynSway2709 0]

Thank you so much!! Great help!!

[RobynSway2709 0]

Does anyone have an example of a cover letter for I-485? Do I need to mention I am in the US under VW?? What do i need to say?

Thanks

[USUY2010 4]

I made two cover letters and this is what they looked like. Hope it helps!

July 20, 2010

I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization)

Petitioner (U.S. Citizen):

Beneficiary (Alien Spouse):

Dear Sir/ Madam:

Please kindly find enclosed concurrent filing of forms: I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization)

Contents include:

1. Payment of US$1,010 for I-485

2. I-485 Application To Register Permanent Residence Or Adjust Status

• Copy of passport's biographical page

• Copy of passport page with non-immigrant B1/B2 visa

• Copy of valid I-94 form

• Copy of passport's entry stamps

• Copy of Marriage Certificate

• Copy of Birth Certificate (With Certified English Translation attached)

• G325A signed by intending immigrant

• Two passport-type pictures of intending immigrant (placed in a small plastic bag, labeled with full name of intending immigrant)

• I-693 Vaccination Supplement (Completed by a Civil Surgeon sealed in an envelope)

I-864 Affidavit Of Support

• Copy of petitioner's federal income tax return for the year 2009

• Copy of W-2s for the year 2009

• Copies of 1099’s for the year 2009

• Copy of Petitioner birth certificate

4. I-765 Application For Employment Document

• Copy of passport’s biographical page

• Copy of passport page with non-immigrant B1/B2 visa

• Copy of Form I-94 form

• Two (2) Passport-type photos

5. G1145 E-Notification of Application/Petition Acceptance.

Signature

July 20, 2010

Filing of I-130 (Petition for Alien Relative)

Petitioner (U.S. Citizen):

Beneficiary (Alien Spouse):

Dear Sir/ Madam:

Please kindly find enclosed concurrent filing of form I-130 (Petition for Alien Relative) for my wife.

Contents include:

1. Payment of US$355 for I-130

2. I-130 Petition For Alien Relative

• Form G1145 E-Notification of application/petition acceptance

• Form I-130 Petition for Alien Relative

• US Citizen’s birth certificate

• Intending immigrant’s birth certificate (With English Translation attached)

• Copy of marriage certificate

• G325A signed by US Citizen

• One (1) Passport Photo of US Citizen with full name on back (placed in a small plastic bag, labeled with full name )

• G325A signed by intending immigrant

• One(1) Passport Photo of intending immigrant (placed in a small plastic bag, labeled with full name of intending immigrant ) 

3.Evidence of Bonafide Marriage

Signature

[trillium13 84]

You also have the option to go back to your country (if you haven't overstayed) and go this route:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/content/compare#ircr1

You will be separated for a time, but it's probably less worry, and you wouldn't have to adjust status at the end of it all.

[Mavisgrind 1]

I would not recommend leaving the US. The AoS process was established specifically for people in your situation - who arrived on one visa and then decided to get married separately from the original purpose of the visit. It happens all the time, as is obvious from this forum. Other than the time and money involved, the process is not that bad. Don't worry about the overstaying your original visa. It is always best if you file before it expires but not a big problem if you don't. Once you send in the I-485 you are here legally until a decision is made. And if your story is as you told it - you arrived to attend one wedding and the decided to have your own, then you should have no problems. If you leave the country, there is no guarantee that you will be allowed back.

In my situation, my wife entered the country as a tourist, signed up for school and adjusted her status to F-1. Then we were married after she had been here a couple of years and we went through the process of adjusting her status again. She is now a USC. We never had any problems except the usual when working with government agencies (painfully slow, often impersonal and uninterested, and occasionally losing documents). We just lived with it and knew that we would be together for a long time so we could out last the system.

Cheers and congratulations!