I have read about changing from an F1 visa to a permanent resisdent

[Helen&Murray 1]

Actually, you had it right. You can apply for both at the same time (as the poster above corrected).

What I meant to say was that only if you are approvable for I-130 (not after approved) you may file I-485. This is called concurrent filing.

What sort of things would make me not be approvable?

[Helen&Murray 1]

Somewhere in the depths of this forum there is a list of what I sent originally.. I can see if I can dig it out. But yes, we sent some pictures, and affidavits of friends and family members as well.

Yea Someone earlier sent me a step by step quide which was real helpful, sorry I am being a pain with all my questions I am trying to find the affidavit that friends and family members would sign what is the name of that?

Thanks

[Little_My 464]

Here you go - a list of everything we sent when we applied. We did not get any RFEs along the way.

List of AOS documents

Edited January 23, 2013 by Little_My

[Little_My 464]

Yea Someone earlier sent me a step by step quide which was real helpful, sorry I am being a pain with all my questions I am trying to find the affidavit that friends and family members would sign what is the name of that?

Thanks

There's no standard form for the affidavit. Some think it's better to keep them less official and more personal, ours were fairly formal and factual. We used the template below and altered it to fit our situation. The people who wrote the affidavits merely listed situations and occasions where they had witnessed us together and/or described how they had come to know about our relationship and how long they had known us as a couple.

I, _______________, Residing at _______________

Being duly sworn depose and say,

1. That I was born on

2. That I am years of age and have resided in the U.S. since

3. That this affidavit is being submitted on behalf of the following persons:

4. That this affidavit is being made by me for the purpose of assuring the U.S. government

that the persons named in item 3 have a true and loving relationship that was entered

in "good faith," and is not for the purpose of circumventing immigration laws.

5. That I acquired my knowledge of the relationship between the persons named in item 3

in the following manner:

[asdfg 18]

What sort of things would make me not be approvable?

There is a term prima facie eligibility (Latin for On the first appearance. A fact presumed to be true unless it is disproved.) and that's the threshold set by USCIS for filing certain type of petitions.

In this instance your I-130 must meet the above standard for you to file I-485 concurrently (meaning it can not be frivolous or without factual basis).

[Harpa Timsah 13,258]

Muzzbuzz,

Take a step back and relax. Penguin lined the correct guide. Each of those forms also has detailed instructions. Read them all twice, line by line. Maybe fill them out once for practice. It will all become more and more clear what you need to do. Then come back and ask questions. Don't work yourself into a tizzy Good luck.

[SBB 74]

Hey Penguin,

Thanks for getting back to me, Have you gone through the process yourself? Do you have to provide all of the pieces of evidence for the Bona fide marriage? How long roughly does it take not that times a worry I am just curious.

Regards,

Murray

Affidavits aren't necessary unless you don't have the other documentation on the list. For my wife's AOS we just included a copy of our joint apartment lease. Any one item on that list will meet the threshold of the burden of proof that USCIS requires (i.e. you won't get an RFE, but you may want to have supplemental evidence when you go to the interview.) As I said, my wife's AOS took about 2.5 months from the time USCIS received our package. Unfortunately, USPS misdelivered the Green Card so we get to pay $450 and do biometrics again.

[Justine+David 218]

Congratulations on your upcoming marriage

[bigdog 376]

Looks like your on your way, good luck and a speedy end.

[Helen&Murray 1]

Cheers everyone for your help, Here's hoping I am successful and can come and join you all in the states.

[Sandra G. 5,023]

asdf your information "Only after I-130 is approved you may file I-485 (if in US) or proceed with Consular processing (if abroad)", is damn wrong, for adjustment of status he must file I-130 and I-485 concurrently!.

Edited January 23, 2013 by sandranj

[Harpa Timsah 13,258]

Cheers everyone for your help, Here's hoping I am successful and can come and join you all in the states.

Wait, you want to "come and join us in the states"? This while thread and all the advice in it is based on the understanding that you are already in the states on a F1 visa. Is that not true?

[Helen&Murray 1]

Wait, you want to "come and join us in the states"? This while thread and all the advice in it is based on the understanding that you are already in the states on a F1 visa. Is that not true?

No that is true i just meant join you on a permanent basis. Sorry for the confusion

[little_dreamer 11]

Let me make it clear: You must have I-130 petition filed. This petition is filed by US Citizen for an alien relative.

Only after I-130 is approved you may file I-485 (if in US) or proceed with Consular processing (if abroad).

I-765 and I-131 can be filed concurrently with I-485 and free of additional charge (if filed at the same time).

Good luck.

ummm no....my hubby was F1 and we filed everything together (I-130 and I-485) and our I-130 was not even approved till we had our interview....I-130 does not always have to be approved...some people it goes all the way to the interview.

OP i suggest you guys get married and file both at the same time!!!

[asdfg 18]

ummm no....my hubby was F1 and we filed everything together (I-130 and I-485) and our I-130 was not even approved till we had our interview....I-130 does not always have to be approved...some people it goes all the way to the interview.

OP i suggest you guys get married and file both at the same time!!!

This has already been clarified and I corrected myself (what I actually meant was that one has to show prima facie eligibility to be a beneficiary of I-130).

FYI I myself had I-130/I-485 filed concurrently and there is no dispute about it.

Edited January 23, 2013 by asdfg