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mimiz

AOS and I-130

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Hello,

I am a U.S. citizen. My boyfriend entered the U.S. under a work visa. He came here to work as a musician. We want to get married and his work visa is going to expire at the end of February. We don't know what to do. I would like him to stay here with me. Please help, I think we are running out of time. These are our questions;

Should we get married before his visa expires?

Should we file before his visa expires or can we file after?

should we file form i-485 for AOS and i-130 petition for alien relative concurrently?

P.S) we have been boyfriends for 6 years now :)

thank you so much!

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get married as soon as possible and file 130 and 485, once you file these 2 documents than your boyfriend will be legal and will get EAD soon to keep his

working permit valid.

There's another problem, Im currently not working and we need to fill out form i-864 sponsoring form. He works and he can support ourselves. Does anyone know if he can fill out this form for himself?

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If he is working legally and his income will continue from the same source after his green card is issued then you can include the foreign spouse's income on an I-864A as a household member of the main sponsor (your spouse).


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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If he is working legally and his income will continue from the same source after his green card is issued then you can include the foreign spouse's income on an I-864A as a household member of the main sponsor (your spouse).

ok, thank you so much!!

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If he is working legally and his income will continue from the same source after his green card is issued then you can include the foreign spouse's income on an I-864A as a household member of the main sponsor (your spouse).

Im sorry one more question, is this form turned in along with i-864?

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The spouse can add his/her income to the main sponsor's I-864. No I-864A needed. Check out the instructions.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I stand corrected. Well, sit.

That's what I get for taking info from lawyer's sites.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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I stand corrected. Well, sit.

That's what I get for taking info from lawyer's sites.

Haha, you give out great advice Hypnos, No worries.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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You can also use a joint sponsor if you want to (I believe and I am 100% sure someone will correct me if I am wrong).


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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P.S) we have been boyfriends for 6 years now :)

Are you a same-sex couple? If so, you should consult an immigration attorney (I recommend J Craig Fong) to discuss your options. Unfortunately at the moment, due to DOMA, immediate-relative (spousal) immigration sponsorship is not available to same-sex partners, even if they are legally married under state law.

Edited by hmh33

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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