married abroad, now doing AOS

[sketchbuch 0]

Hello all!

This is my first post but I've read quite a bit on this site. Also did alot of research, but just thought I'd make sure their would be no problems with my ny case.

I am a US citizen, my wife is from the dominican republic. We met in the Dominican and were married there over two years ago. we've lived lived there over the past two years and occassionally came back to visit my family here in the states on a b1/b2 tourist visa. Now we're here in the states and we would like to do adjustment of status in order to live here. Is that all legal and everything? Does anyone foresee a problem?

also, when should the paperwork be sent in during that 6 month timeframe? should it be sent in as soon as possible, or can we wait for another month or so? does it matter if her i-94 expires before AOS is done?

Anyhow, we have all ready to go her i-130, i-485, i-864, i-765, g-325A, medical exam sealed, birth certificates(hers translated), passport copies, 2 passport photos, marriage certificate (translated), copy of I-94, tax transcripts for 3 years of myself as well as my parents whom we're living with. All's ready to go, just worried I might have missed something.

thanks for any help you can all give!

[sketchbuch 0]

Just toclarify a little, what I'm worried about I guess is the whole preconceived intent issue. Our case is a little different from most I seem to be reading, because most people who do AOS seem to have come to the US and while here got married to a US citizen. In our case we were married outside the country over two years ago. My wife got the tourist visa because we truly did not want to live here at first, we just wanted to visit from time to time. But the last time we came to visit we decided we'd like to live here, and a lawyer told us that its completely legal for my wife to do AOS seeing how she is the spouse of a US citizen, and especially since we've been married for a time now and its clearly a bonafide marriage. any thoughts? please help!

[ValerieA 350]

I don't foresee any issues, based on the information you provided. Although my husband and I were married in the US, I went back home to Canada after (it was just a weekend trip). When I went to visit him for a more extended trip 4 months later, our situation changed and we decided to AOS from my B2 visa. We had no issues.

File once you have the paperwork and required fees together. Overstay is overlooked for spouses of US citizens.

[sketchbuch 0]

thanks ValerieA! I appreciate your help!

[inqztve 42]

Hello all!

This is my first post but I've read quite a bit on this site. Also did alot of research, but just thought I'd make sure their would be no problems with my ny case.

I am a US citizen, my wife is from the dominican republic. We met in the Dominican and were married there over two years ago. we've lived lived there over the past two years and occassionally came back to visit my family here in the states on a b1/b2 tourist visa. Now we're here in the states and we would like to do adjustment of status in order to live here. Is that all legal and everything? Does anyone foresee a problem?

also, when should the paperwork be sent in during that 6 month timeframe? should it be sent in as soon as possible, or can we wait for another month or so? does it matter if her i-94 expires before AOS is done?

Anyhow, we have all ready to go her i-130, i-485, i-864, i-765, g-325A, medical exam sealed, birth certificates(hers translated), passport copies, 2 passport photos, marriage certificate (translated), copy of I-94, tax transcripts for 3 years of myself as well as my parents whom we're living with. All's ready to go, just worried I might have missed something.

thanks for any help you can all give!

How did you living situation change in Dominican? Since you lived there in the past, there is a possibility for you to do DCF there with US consulate instead of doing AOS with USCIS here if you still live there. DCF is apparently almost always faster than AOS but ultimately will depend on their timetable. Something to look at.

[sketchbuch 0]

well we were working there as missionaries, so we were moving around alot. So it's not like we have a home to go back to in the dominican, of course if we wanted to go back we could, but financially it's better for us to stay the next three or so years here till we get my wife's citizenship. I didn't know consular processing was faster than AOS. That may be true, but as far as ease, I think it might be easier doing it here, or at least more comfortable, because working with the consulate in the dominican is crazy.

[inqztve 42]

AOS is not too bad with the timeline. She will get the EAD/AP in less than 90 days. I got mine in 59 days. I got my GC in less than 6 months despite my AOS interview being cancelled once because of Hurricane Sandy. I guess logistically it's better since you are already in the US.