adjustmeant of status

[KenLoveChance 0]

hello everyone!

what happend if the husband didnt file his wife AOS right away coz of financial difficulties? i had a friend,they're married now for 2 years and his wife doesn't have a green card yet coz everytime they attempt to file,unexpected expenses arises,that his wife told him just paid them first.now they had a year old child.this time they told me they gonna filed no maater what happend so she could visit her father who is sick right now,once they got her green card.his wife just stayed home and took care their child.as what i knew,she's safe as long as she married before her 90 days is done and didnt did anything against the law.i was able to asked the local USCIS in Va, about it and thats what they told me.

[milimelo 4,544]

hello everyone!

what happend if the husband didnt file his wife AOS right away coz of financial difficulties? i had a friend,they're married now for 2 years and his wife doesn't have a green card yet coz everytime they attempt to file,unexpected expenses arises,that his wife told him just paid them first.now they had a year old child.this time they told me they gonna filed no maater what happend so she could visit her father who is sick right now,once they got her green card.his wife just stayed home and took care their child.as what i knew,she's safe as long as she married before her 90 days is done and didnt did anything against the law.i was able to asked the local USCIS in Va, about it and thats what they told me.

She needs to file AOS and also send in I-130. She cannot leave the US UNTIL she has a GREEN CARD in her hands - don't even bother with the advance parole as she would not be let in due to 2 year overstay.

[Inky 1,111]

Not a spousal visa question, moved from IR-1 CR-1 forum to Adjustment of status forum.

Your friend will need a full medical done by a civil surgeon as well as pay for form I-130 as well as I-485. The cost of getting her green card is now far more expensive compared to had they just done it much sooner.

[KenLoveChance 0]

alright gonna tell them

thank u!

[KenLoveChance 0]

by the way, what other document she needed aside from I-130? she all the documents filled out, and a full medical with the civil surgeon.

[Inky 1,111]

They need to follow this guide for their process - get them to print it out if they can or you can print it for them.

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

I-130 is $420

I-485 is $1070

full medical $200-$400 or more depending on the civil surgeon they get.

[milimelo 4,544]

by the way, what other document she needed aside from I-130? she all the documents filled out, and a full medical with the civil surgeon.

Follow this guide: http://www.visajourney.com/content/i130guide2

[KenLoveChance 0]

They need to follow this guide for their process - get them to print it out if they can or you can print it for them.

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

I-130 is $420

I-485 is $1070

full medical $200-$400 or more depending on the civil surgeon they get.

thank u its a big help! for them.they paid their civil surgeon for $192. yes im going to print for them. God Bess!

[dindo and patty 20]

Great advice has already been given. I just wanted to add that since they've been married for more than 2 years, she should receive the 10 year green card once approved.

[KenLoveChance 0]

My friend called and talked to the USCIS customer service and asked about the I-130 and was told by them that form is not nessecary for their AOS packet. So why is the I-130 paperwork needed?

[Inky 1,111]

My friend called and talked to the USCIS customer service and asked about the I-130 and was told by them that form is not nessecary for their AOS packet. So why is the I-130 paperwork needed?

It is needed because they are married more than 2 years now. So they need to file that to get a 10 year card.

thank u its a big help! for them.they paid their civil surgeon for $192. yes im going to print for them. God Bess!

Very lucky to pay so little! glad they found someone that didn't charge them over price.

[VanessaTony 3,567]

Great advice has already been given. I just wanted to add that since they've been married for more than 2 years, she should receive the 10 year green card once approved.

Only if they file an I-130 with the I-485 packet. Because she entered on a K1 it's not automatic to get a 10 year card after 2 years of marriage because the k1 MUST have a 2 year card first.

[Redflame2012 32]

Just to say, I (the K1) had overstayed over 2 years...When my husband filed my AOS, we were approved and given a 10 year green card, not a 2 year green card. At the interview, the officer said, as we had been married for 3 years,she would grant a 10 year card.

[KenLoveChance 0]

Just to say, I (the K1) had overstayed over 2 years...When my husband filed my AOS, we were approved and given a 10 year green card, not a 2 year green card. At the interview, the officer said, as we had been married for 3 years,she would grant a 10 year card.

wow really! thats great. did youguys submitten an I-130 together with your I-485?

[VanessaTony 3,567]

Just to say, I (the K1) had overstayed over 2 years...When my husband filed my AOS, we were approved and given a 10 year green card, not a 2 year green card. At the interview, the officer said, as we had been married for 3 years,she would grant a 10 year card.

Did he also file an I-130? If he didn't you were given the card in error. The rules specifically state you aren't permitted a 10 year card on a K1 unless you first have a 2 year card (or file an I-130 after 2 years).

You need to let USCIS know. Ignore it if you like but be aware that this has caused many people trouble come USC time. Hopefully you'll be okay but prior experiences state you won't and you will get into trouble for not ROCing when you were supposed to.