I am lost! What forms if i am already in the US?

[ally1389 0]

Hi!

I just found this website now-- I am so relieved that there are other people out there who need help too!

Let me tell you my situation...

I came to the US on a tourist visa, and then after 1 year I enrolled at school and I switched to a F1 Student Visa which is what I am currently on now.

I am graduating school at the end of June and my husband and I married on April 3rd 2011. We sent off our marriage license and are waiting for the return of this.

I already had my physical and have the papers back confirming all my vaccinations are up to date and I am in good health.

So now, what papers do I need to send off? And what about my husband? As we are both currently in the USA and he is an American Citizen. I am from England on an f1 visa.

So far, I figure--

I-485 and I-130??

I would be soooooo grateful for any help that can be offered! I am so lost!!

thank you in advance and I look forward to moving this on quickly and efficiently.

ally1389

[gretchen_darren 67]

i-130 and AOS... State you are already here and your alien number. do not leave. and try to stay enrolled in school until your i-130 is received.

[canadian_wife 1,791]

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

Here is the guide you need

Good luck

[amykathleen2005 441]

You are not a K-1, moving to the correct forum

AOS Student, Tourist, Visa

[Brother Hesekiel 2,235]

I-130, I-485, I-765, I-864, G-325a, all concurrently.

Cost is $420 + $1,070, rest is free.

Sorry for the short answer, but I'm on a tiny Netbook, can't type on it very well.

[ally1389 0]

Thank you for all of the replies.

I am just so confused there is so much paperwork.. I have already filled out an I485 and an I130 for my husband. I had my medical exam and have those papers back already.

How long should the process take? thank you!!

[Little_My 463]

The whole process, on average, takes 5-6 months from when the application has been received. It can be faster - or it can take much longer.

As JustBob pointed out, make sure to fill out the I-765 for an employment authorization document, and an I-131 for travel document. If you don't fill out the I-131, you cannot leave the US until you have your green card. You also need the I-864, affidavit of support form.

[ally1389 0]

Hi!

I do not need the I-131 for travel as I am not planning on travelling anywhere until May 2012 for my brothers wedding! LOL. I also am not filling out the I-765 either for the employment. I am waiting to get approval for my new visa so I can start working then. I hope that this does happen quick though... how long did it take for you to go through this whole process if you don't mind sharing??the I-864?? What is this? My husband fills this out to prove his earnings? Correct?

[Little_My 463]

I just filed in March, so haven't gone through the process yet. It's impossible for anyone to give anything but a rough estimate on how long it will take - it's pretty unlikely it will be anything less than 5 months at this point, it seems. It also depends on where you are filing from. In NYC, for example, it seems that getting an interview date is taking longer than in many other places.

I personally think that it's always a good idea to just file the I-131 and I-765, whether you think you will need them or not. When you file them together with the I-130 and I-485, they won't cost anything extra, and they are easy to fill out. For example, what if your GC processing will take much longer than the average, let's say 8 months, and someone in your family back in England gets sick or something unexpected happens. If you don't have the travel document and leave the country, your AOS application is considered abandoned, and not only do you lose the money you put into it but you will most likely have to re-file through the CR1 process. Just my opinion - same with the I-765. It won't cost to send it in, and once you have your EAD you are able to accept employment if something happened to come along.

I-864 is an Affidavit of Support form, that your husband or another sponsor fills out to show that they have the necessary income to support you and prevent you from becoming a "public charge". It is all in the I-485 instructions.. I would read them through very carefully, check the latest poverty limits and income requirements for a sponsor, and make sure you have all the necessary documents required to show his current employment and income situation, if his income is enough to sponsor you.

Again, keep in mind that though the average processing is about 5 months, it can be much longer - up to a year, or more. Probably won't be, but you never know. Which is why I think it is always a good idea to get the EAD and the travel document anyways, even if you now think you won't need them..

[ally1389 0]

Ok, the I-765 is the one for the employment authorization right? So that does not cost to file if i send it together with the I-130 and I-485 documents??

I just filed in March, so haven't gone through the process yet. It's impossible for anyone to give anything but a rough estimate on how long it will take - it's pretty unlikely it will be anything less than 5 months at this point, it seems. It also depends on where you are filing from. In NYC, for example, it seems that getting an interview date is taking longer than in many other places.

I personally think that it's always a good idea to just file the I-131 and I-765, whether you think you will need them or not. When you file them together with the I-130 and I-485, they won't cost anything extra, and they are easy to fill out. For example, what if your GC processing will take much longer than the average, let's say 8 months, and someone in your family back in England gets sick or something unexpected happens. If you don't have the travel document and leave the country, your AOS application is considered abandoned, and not only do you lose the money you put into it but you will most likely have to re-file through the CR1 process. Just my opinion - same with the I-765. It won't cost to send it in, and once you have your EAD you are able to accept employment if something happened to come along.

I-864 is an Affidavit of Support form, that your husband or another sponsor fills out to show that they have the necessary income to support you and prevent you from becoming a "public charge". It is all in the I-485 instructions.. I would read them through very carefully, check the latest poverty limits and income requirements for a sponsor, and make sure you have all the necessary documents required to show his current employment and income situation, if his income is enough to sponsor you.

Again, keep in mind that though the average processing is about 5 months, it can be much longer - up to a year, or more. Probably won't be, but you never know. Which is why I think it is always a good idea to get the EAD and the travel document anyways, even if you now think you won't need them..

[Little_My 463]

I-130: Petition for alien relative - $420

+ form G-325A signed and filled by the US Citizen and the beneficiary (you)

I-485: Application to Register Permanent Residence or Adjust Status - $985 filing fee + $85 biometrics fee, total $1,070

And..

- form G-325A filled out and signed by the applicant (you)

- form I-765, Application for Employment authorization (free when filed concurrently with the I-485)

- form I-131, Application for Travel Document (free when filed concurrently with the I-485)

- form I-693, Medical Examination for Aliens Seeking to Adjust Status

- form I-864, Affidavit of Support

...And of course you need all the additional documents - passport copies, visa copies, passport photos, birth certificates etc. This is just a list of actual forms involved.

All of these are listed under the Guides-link here on VJ, and they are all listed in the USCIS instructions for the I-130 and I-485 as well.

[ally1389 0]

Ok, I am glad that it is free. Boy-- is this stuff expensive!!! LOL. THank you so much for taking the time to help me!

I-130: Petition for alien relative - $420

+ form G-325A signed and filled by the US Citizen and the beneficiary (you)

I-485: Application to Register Permanent Residence or Adjust Status - $985 filing fee + $85 biometrics fee, total $1,070

And..

- form G-325A filled out and signed by the applicant (you)

- form I-765, Application for Employment authorization (free when filed concurrently with the I-485)

- form I-131, Application for Travel Document (free when filed concurrently with the I-485)

- form I-693, Medical Examination for Aliens Seeking to Adjust Status

- form I-864, Affidavit of Support

...And of course you need all the additional documents - passport copies, visa copies, passport photos, birth certificates etc. This is just a list of actual forms involved.

All of these are listed under the Guides-link here on VJ, and they are all listed in the USCIS instructions for the I-130 and I-485 as well.