Applying for adjustment of status while visiting hubby in the States.

[Gia2577 12]

I didn't read through the whole thread, but if you are IN the US, and when you came into the US, you hadn't intended to stay when entering, then yes you can file your I-485. Even if your waiver is up in so many days, as marriage to US citizen voids it and you are in a whole other category (in laymans terms)

People get upset when others file concurrently and automatically assume we are trying to "one up the system" and automatically throw words out like fraud.

We didn't know what the heck to do, or the process either when we married and didn't know how complicated it was. People tend to forget not everyone who moves to the US have been on this board for years and know all the "rules". Most of us find this board when researching what to do next.

Now that I know a little bit more about it, yea, I agree, ok, maybe some knew beforehand that they weren't suppose to enter on false pretenses, but I think mostly people just aren't aware of all the paperwork and legalities of moving to another country. Maybe I have blinders on, dunno....

If you DID enter with intentions to stay then well whole other story... that's for USCIS to judge and prove.

THANKYOU!!! for this supportive reply. You don't really need to read the whole thread just my first post which it sounds like you have. I like you have just been doing this all blindly without the help of an immigration lawyer to save money and living that same frustrations as everyone else. I have been here with my waiver which is over in a couple weeks visiting my husband think that by now i would have been in Oz interviewing to move over. Its funny because telling friends back home and in dubai (where we used to live) all this drama they can't understand what all the holdup is because I AM married to an American and I would just tell them it doesn't matter if you are married you still have to wait it out. I also only discovered this forum recently when I received my 'case transfer to nebraska' letter and wanted more advice and this forum came up. So yes I don't know all the rules.

My husband knows even less, in fact I am the one in charge of my immigration and getting all the paperwork done, in fat we were both annoyed with me yesterday after speaking to this lady thinking how did I not know this?! ( I didn't even realise the fraud/intent thing bc she didn't mention it).

What i think is that because we were there in the flesh speaking to her and her hearing our story she clearly thinks I'm eligible for it and that we have no mal intent which is why it was suggested for our case. it was no big deal for her to divulge this info. Have you done the AOS? It seems it might take the same amount of time as it would to go to NVC and then my countries' embassy so maybe its just about what is cheaper for us to do.

[Boiler 43,508]

Marriage does not do anything to adjust your status, filing does.

Adjusting in country is frowned upon on this web site, you will find it very hard going to find any problems in reality.

So I am not surprised when Lawyers/USCIS tell you to stay and adjust.

Edited November 13, 2013 by Boiler

[redskins47chaos 6]

Thanks for the feedback, yeah she didn't really say it as a theory she just said we could do it and again she didn't seemed stressed in the slightest when telling us this, no did she mention it was risky. Thats pretty much why I came online as soon as I came home to let everyone know. If I had known it was a touchy subject or accused of being fraudulent I would have kept it to myself! In fact my husband told me not to post it because he thought there would be a massive wave of people wanting to do this and we would be delayed still!! haha. I mean we didn't even know it was a 'wrong way' to do it. Because my husband thinks its a hassle to do the interview in Australia especially whilst I am here visiting him is why it came up, purely bc he wanted to know if I could interview here. I told him not to even waste his time asking that question as I was pretty sure I would have to go to Oz. So we were very innocent in our questions and maybe she could see that and can see we are not committing fraud and hy she suggested, as we left she called out congratulations on our marriage earlier this year so yeah it was very light hearted.

I completely understand where you're coming from. I'm not saying you're trying to do it the "wrong way" in the slightest...in fact it is not the wrong way at all, just not the "prefered" way. It is usually frowned upon among Visa filers just because it is very upseting to see people given a "free pass" just because they didn't know the rule but the fact is, it is perfectly legal to file for AOS in the US if you are married to a USC and did NOT intend to file when entering the USA. If you can prove that, then you're good to go.

[angeldaemon13 42]

I haven't insisted on anything really… I've just relayed what was told to me and upon researching it online what i was told is what I can find. The form clearly states I need approval. I have included a photo of where it says it. However a second person on this thread agrees with you so obviously there is another way around it. if you have information to share about it then do rather than toy with it, it's not about wasting your breath obviously I and others will be happy to hear what you know thats the whole point why I posted this thread to begin with was to hear other experiences. I have only mentioned a few times that I will research what I have been told which is the right thing to do rather than blindly going through things which clearly has not helped me so far. If you know from personal experience something other than that then by all means share it rather than be vague or toy with people.photo.JPG

Who May File Form I-485?

You may apply to adjust your status if:

1. Based on an immigrant petition

A.

An immigrant visa number is immediately available

to you based on an approved immigrant petition; or

B.

You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

[Gia2577 12]

I am not being vague. I said exactly what to do, and I am absolutely certain about it. Your photo seems out of context, it refers to certain categories listed below, but you don't show what categories they are. My guess is the categories don't include spousal ones. Is that the I-485 instructions? because that is not on the current instructions anyway, so I can't read through the entire context.

I know that the I-485 can be sent with a pending I-130. I have helped many people do this, and seen many other people do the same. This is like me saying the sky is blue and someone saying it is green, because they read it on the internet.

I know the person you spoke to said otherwise, but she was wrong. It is a problem that a USCIS person gives such wrong advice.

You can read option A in part 2 of the I-485 (read carefully through the commas) and the verbiage under 1B in the instructions.

Look Im a little useless with trying to decode these forms, it is the current i-485 and what i showed did refer to spouse. I will take a photo and show the whole page but might be hard to read. I think I am looking at part 2 option A (under "who may file form i-485") thats what I took a picture of i think...

alos under where to file its states what must be included in the package at the bottom left hand corner..

Edited November 13, 2013 by Gia2577

[Gia2577 12]

Who May File Form I-485?

You may apply to adjust your status if:

1. Based on an immigrant petition

A.

An immigrant visa number is immediately available

to you based on an approved immigrant petition; or

B.

You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

I see where this is coming from now, however this was an option and the USCIS lady discussed this as an option when we first filed the i-130 but now that it was already filed back in Feb this year she says its too late and we need to wait for it to be approved now. B states that I am filing this application with a 'completed' relative petition, not one that has already been filed 9 months ago. I think Harpa is saying that i can do it with a 'Pending' petition, this is what i can't find. I also think the lady told us to wait because of the cost of medical and this application as she says time frame of the medical and all the other paperwork is important when and IF the i-130 is approved.

[Boiler 43,508]

If you can prove that, then you're good to go.

No need to prove that.

[Harpa Timsah 13,258]

The first photo is not a part of this page.

It will not say "pending application" because the forms don't go through every little bit and tiny nuance.

It says that a person may file I-485 if there is a petition that, if approved, will make a visa number immediately available. That means you. That means that a petition does not need to be approved already. It also says "you are filing this application with..." In this context, with does not mean physically together, just that the two are dependent on one another. When you send in a copy of the I-130 NOA1 they will match up your applications and turn it into a concurrent case.

B.

You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

Like I said, people do this all the time.

If you do do this then you will not be able to travel for a few months though. You mentioned you want to go to Dubai. If you need to go there in less than 3 months then AOS isn't for you.

The lady was wrong. No need to bring her up again. I know that fact is frustrating but it is true. USCIS works with USCIS. They aren't good at communicating with consulates, DOS, border patrol, etc. The woman you talked to knew that people can file a concurrent I-130/I-485, but she didn't know the ins and outs of it. SHe didn't know that to enter the US with the intent to do this is illegal because she doesn't communicate with border patrol. She sees only the back end, not the front end.

Edit: the page that says "where should we file the I-485" is not on the current instructions. Here are the current ones. http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

That being said, if you read, there is extra wording about category A there.

Edited November 13, 2013 by Harpa Timsah

[redskins47chaos 6]

No need to prove that.

How? The whole controversy about Adjusting Status after entering a non-immigrant visa is whether or not you can prove you did not intend to immigrate when entenring the country. That's what the "rule" says at least.

[Gia2577 12]

I completely understand where you're coming from. I'm not saying you're trying to do it the "wrong way" in the slightest...in fact it is not the wrong way at all, just not the "prefered" way. It is usually frowned upon among Visa filers just because it is very upseting to see people given a "free pass" just because they didn't know the rule but the fact is, it is perfectly legal to file for AOS in the US if you are married to a USC and did NOT intend to file when entering the USA. If you can prove that, then you're good to go.

Yep thanks, I think thats why we were even told about it by this Lady in the first place. I mean the form doesn't exist for no reason, if it wasn't an option there would not be a form to begin with. I can't imagine US immigration making a form for a situation they 'frown upon'…. Obviously its not an option for everyone and for us it is which is why we were told about it in reference to 'OUR' specific case. In fact if people are going to comment what I'm doing is fraud and what have you then they shouldn't bother as of this morning I will not pay attention to those comments.

[Gia2577 12]

The first photo is not a part of this page.

It will not say "pending application" because the forms don't go through every little bit and tiny nuance.

It says that a person may file I-485 if there is a petition that, if approved, will make a visa number immediately available. That means you. That means that a petition does not need to be approved already. It also says "you are filing this application with..." In this context, with does not mean physically together, just that the two are dependent on one another. When you send in a copy of the I-130 NOA1 they will match up your applications and turn it into a concurrent case.

B.

You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

Like I said, people do this all the time.

If you do do this then you will not be able to travel for a few months though. You mentioned you want to go to Dubai. If you need to go there in less than 3 months then AOS isn't for you.

The lady was wrong. No need to bring her up again. I know that fact is frustrating but it is true. USCIS works with USCIS. They aren't good at communicating with consulates, DOS, border patrol, etc. The woman you talked to knew that people can file a concurrent I-130/I-485, but she didn't know the ins and outs of it. SHe didn't know that to enter the US with the intent to do this is illegal because she doesn't communicate with border patrol. She sees only the back end, not the front end.

Edit: the page that says "where should we file the I-485" is not on the current instructions. Here are the current ones. http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

That being said, if you read, there is extra wording about category A there.

Yes i know which is why I edited the comment and added the second picture where it does say it, i accidentally took the pic of the wrong page..

[Boiler 43,508]

How? The whole controversy about Adjusting Status after entering a non-immigrant visa is whether or not you can prove you did not intend to immigrate when entenring the country. That's what the "rule" says at least.

The only controversy is on VJ from those who do not like others jumping the queue as they see it.

The issue has been done to death in many many threads.

There is no such requirement, no rule.

[Gia2577 12]

The first photo is not a part of this page.

It will not say "pending application" because the forms don't go through every little bit and tiny nuance.

It says that a person may file I-485 if there is a petition that, if approved, will make a visa number immediately available. That means you. That means that a petition does not need to be approved already. It also says "you are filing this application with..." In this context, with does not mean physically together, just that the two are dependent on one another. When you send in a copy of the I-130 NOA1 they will match up your applications and turn it into a concurrent case.

B.

You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

Like I said, people do this all the time.

If you do do this then you will not be able to travel for a few months though. You mentioned you want to go to Dubai. If you need to go there in less than 3 months then AOS isn't for you.

The lady was wrong. No need to bring her up again. I know that fact is frustrating but it is true. USCIS works with USCIS. They aren't good at communicating with consulates, DOS, border patrol, etc. The woman you talked to knew that people can file a concurrent I-130/I-485, but she didn't know the ins and outs of it. SHe didn't know that to enter the US with the intent to do this is illegal because she doesn't communicate with border patrol. She sees only the back end, not the front end.

Edit: the page that says "where should we file the I-485" is not on the current instructions. Here are the current ones. http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

That being said, if you read, there is extra wording about category A there.

Yes but we filed our i-130 back in feb 2013, this says with a completed form not one that has been filed. I don't know I find these forms not very clear at all to be honest.

I think her reasoning about waiting for approval was to do with the cost of it all, and getting all the paperwork such as a medical, police clearance and all that has an 'expiry' and if our case is not approved in due time I would have to do al the background work such as medical and clearance etc all again?? because she mentioned when i was asking about the whole procedure not to do it all yet because it needs to be within the time frame??

[redskins47chaos 6]

The only controversy is on VJ from those who do not like others jumping the queue as they see it.

The issue has been done to death in many many threads.

There is no such requirement, no rule.

You're right about VJ, however, intending to AOS while entenring on a non immigrant Visa is Visa fraud, period! Some people might get away with it by lying about their fraudulent intentions. That said, I wouldnt be surprised if they dont really ask for proof or question your intentions at the interview as I have heard many successful stories myself. Edited November 13, 2013 by redskins47chaos

[Harpa Timsah 13,258]

Yes but we filed our i-130 back in feb 2013, this says with a completed form not one that has been filed. I don't know I find these forms not very clear at all to be honest.

I think her reasoning about waiting for approval was to do with the cost of it all, and getting all the paperwork such as a medical, police clearance and all that has an 'expiry' and if our case is not approved in due time I would have to do al the background work such as medical and clearance etc all again?? because she mentioned when i was asking about the whole procedure not to do it all yet because it needs to be within the time frame??

No. Nope to the italics.

Since you admit the bold, I wish you would trust me more. I know you don't know me, but I am positive. Senior members on this board also agree.

If you read the new instructions, it leads you to this page, where it says send things to

USCIS Chicago Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS

PO Box 805887

Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5517

Where applicable, you must include a copy of the Form I-797C Notice of Approval, showing that your Form I-130 or Form I-360 was accepted or approved.