AOS

[silvana.toma 15]

Hello,

I have been reading a lot on this forum, and so far this is the most cohesive website regarding immigration topics.

I am from Romania, just got married to my fiancee(US citizen)while on my B1/B2 visa. We have been together for over 4 years, and we have all the proof of a bona fide relationship, as well as I did not enter US with the intent of getting married. I entered Us(on my tourist visa) in July 15, and we got married in oct.10-2010. We just finished completing all the forms for an AOS, but we feel that maybe a lawyer should take a second look, just to make sure we are not overlooking something, that later might come back and haunt us. The problem is most lawyers would not work on a consultation basis, meaning they take a look at our papers and we pay them by the hour(as i know some people did). They all want to take the case from scratch. No offense to any lawyers out there, i respect their job, is just that we do not have the disposable income right now to spend on hiring a lawyer. So, what should we do? Has anyone been in this situation? What's the best way to go about this?

Thank you in advance for all of your time!!

[Nystu 2]

Hello,

I have been reading a lot on this forum, and so far this is the most cohesive website regarding immigration topics.

I am from Romania, just got married to my fiancee(US citizen)while on my B1/B2 visa. We have been together for over 4 years, and we have all the proof of a bona fide relationship, as well as I did not enter US with the intent of getting married. I entered Us(on my tourist visa) in July 15, and we got married in oct.10-2010. We just finished completing all the forms for an AOS, but we feel that maybe a lawyer should take a second look, just to make sure we are not overlooking something, that later might come back and haunt us. The problem is most lawyers would not work on a consultation basis, meaning they take a look at our papers and we pay them by the hour(as i know some people did). They all want to take the case from scratch. No offense to any lawyers out there, i respect their job, is just that we do not have the disposable income right now to spend on hiring a lawyer. So, what should we do? Has anyone been in this situation? What's the best way to go about this?

Thank you in advance for all of your time!!

I was in the exact same situation, I know all cases are different but I will say, read all the guides here on VJ. Come back and post any questions you have, there are a lot of very knowledgable people here who are willing to help you. Then check, doble check and then check again every single form and docs needed. A lawyer, in my opinion, is a good option when you have a complicated case.

Good luck!

[silvana.toma 15]

I was in the exact same situation, I know all cases are different but I will say, read all the guides here on VJ. Come back and post any questions you have, there are a lot of very knowledgable people here who are willing to help you. Then check, doble check and then check again every single form and docs needed. A lawyer, in my opinion, is a good option when you have a complicated case.

Good luck!

Thank you! I do have a question, and maybe you know the answer. I have filed all of my aplications with my maiden name since my passport and I-94 are in my maiden name. Is that correct?

[juliava 80]

Thank you! I do have a question, and maybe you know the answer. I have filed all of my aplications with my maiden name since my passport and I-94 are in my maiden name. Is that correct?

Did you change your last name after marriage?

[juliava 80]

You can also post a list with all the documents that you already prepared for AOS. A lot of VJ members did this and you will see there will be many helpful members here who would tell you what's actually missing or it's unnecessary. Good luck.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a B1/B2 visa and the prior forum is for K1, K2, K3 & K4 (a visa other than a K1, K2, K3 & K4 which the prior forum is for)**

[Harpa Timsah 13,258]

If you changed your name after marriage then you use your married name (because you want to use that name from now on, right?) Then you put your maiden name in the biographical "all names used" line. USCIS may be daft, but they are not stupid enough to not understand name changes from a marriage.

No lawyers!

[VanessaTony 3,567]

Thank you! I do have a question, and maybe you know the answer. I have filed all of my aplications with my maiden name since my passport and I-94 are in my maiden name. Is that correct?

That depends. You should put the name you want on your greencard on the forms. If this is your maiden name, then yes you are correct. If you have changed your name then put this new name on the forms.

if you try and change your greencard name later it's $300+ :S

[silvana.toma 15]

Did you change your last name after marriage?

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I dont think so, because we only have our marriage certificate, that states my maiden name, and my husbands name. The lady who did the marriage certificate told us if we want to change the names we have to follow some other procedures...so i guess the answer is no. I thought it changes automatically when you get married, but aparently it doesnt. So i should just file with my maiden name then.

[silvana.toma 15]

If you changed your name after marriage then you use your married name (because you want to use that name from now on, right?) Then you put your maiden name in the biographical "all names used" line. USCIS may be daft, but they are not stupid enough to not understand name changes from a marriage.

No lawyers!

I am so nervous not hiring a lawyer! Because i came in us in my B1/B2 visa, and even though my husband and I were together for over 4 years before we got together, they want proof that i did not came in us on a tourist with the intent of getting married. And i find that a bit hard .. its not like i have a receipt for that...

We know most of the process, i have been on this website long enough to learn from so many other people who have been through this, but i guess it's my tourist visa that makes me concerned, and maybe a lawyer will be able to help us in that regard.

Also we have found one, and they only charge $700, and they do the filing and everything...not bad, i have heard some people pay serious money for this type of process.

Chances are when we are going to be done i will say: yeah...we did not need a lawyer!!

[juliava 80]

A lawyer can't change the fact that you came on a tourist visa and having it with you at the interview could raise sometimes a red flag to the IO - unless there are some other issues that need to be addressed. A lot of members on this forum filed the paperwork on their own. I assume you are not working (or you better stop now) so you might have enough time to go over the guides again, ask as many questions you may have and get everything together for filing. Good luck!

[silvana.toma 15]

A lawyer can't change the fact that you came on a tourist visa and having it with you at the interview could raise sometimes a red flag to the IO - unless there are some other issues that need to be addressed. A lot of members on this forum filed the paperwork on their own. I assume you are not working (or you better stop now) so you might have enough time to go over the guides again, ask as many questions you may have and get everything together for filing. Good luck!

are you from romania?

I guess you are right, a lawyer can really not do much. I am just really stresed about the tourist visa thing. We did not know we will get married when i came in us. I worked on ships with my husband for the longest time, and i took a break and stayed home, while my fiance at the time went into the army for training. When i enter us this time, i thought it will be until nov(i even bought a return ticket)then i would spend x-mas with mom and dad, then i was planing on going back on a ship for 6 more months to save up the money for a wedding in romania. Things have changed while here(my husband was accepted into an ocs program in jan,....long story, but that afected our entire plan)and we decided to get married now. The big problem is i did not have any pending rent(as i was living with my parents) and i also did not have a job back home...(i could not go from making big money to no money in romania, so i just decided to relax instead. HAving said that...there is no tie that i had back home, and i dont have a receipt saying "i did not enter with the intent of gettign married"...this is my puzzle, i have a true story, but at the end it's just a story...

thank you for the help!!

[juliava 80]

Yes Silvana, I am Romanian.

1. If you decide to file for AOS from B2 - Whenever you filled out the forms, make sure you include all the places you have worked, even though you were not supposed to work on a tourist visa.

Also, there might be a price increase for AOS filing fees in November, so it would be great if you could get things done before this major change occurs.

2. If you don't want to follow the AOS from B2 route, for your piece of mind

go back home and you will file for a CR-1 visa. You already have your return ticket and there is plenty of info on this forum if you decide to take this route.

Good luck!

Edited October 19, 2010 by juliava

[Harpa Timsah 13,258]

Our story is similar to your and we were fine. Our interview lasted about 2 minutes and the IO asked us each one question. I wouldn't worry about intent... you know your story is real and that's all that matters. You can explain it to someone. Plus, preconceived intent by itself is not a reason to deny an AOS application. I know this is a tremendously worrying endeavor, but just relax. People adjust from B-2's after 5+ years of overstay, someone in the May filers did AOS after entering with a CR-1 pending. Not only were all except one April filer approved (and that was for responding to an RFE incorrectly), all of those, except one, were approved at interview. You can Pm me if you like. Best of luck.

[Brother Hesekiel 2,235]

INTENT (to "stay") is not being made an issue at the AOS interview. The I.O. will just want to make sure that your marriage is "real." Given how well you communicate, I do not feel that you'll need to retain an attorney. Post your list and questions here and you'll have a support system that's equal to that of a lawyer. Your AOS case should be straight forward and your worries are unfounded.