Hi! :) New member here looking for advice <3

[kitthekat 1,317]

If you're filing the I-130 with the I-485 then you select box 'a'.

[Kaori 1]

It sounds like you are already in the US, if you had no specific plans to marry when you arrived, then after you get married you could file for Adjustment of Status. You can do it from within the US and you don't have to leave during the process (in fact you cannot leave until you get your EAD/AP). With AOS you would get your Greencard in 3-6 months. (My process took 4 months)

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

You would need a co-sponsor if your boyfriend does not earn above poverty level, but that could be one of the parents. As far as his criminal history see http://www.avvo.com/legal-answers/i-am-a-born-u-s--citizen--but-i-have-three-felonie-185695.html where some lawyers have given opinions on felony convictions and their effect on a citizens ability to sponsor a spouse.

Journi-

If I'm here on a visitors visa and I gotta leave by July 23rd, what hapoens if it's not approved by the time my visitors visa expires? Also is there anything "official" that says that I can't leave? (Not that I wanna but I don't wanna get deported either) thank u

Edited March 7, 2014 by Kaori

[Zedayn 485]

Journi-

If I'm here on a visitors visa and I gotta leave by July 23rd, what hapoens if it's not approved by the time my visitors visa expires? Also is there anything "official" that says that I can't leave? (Not that I wanna but I don't wanna get deported either) thank u

If you file to adjust status while you are still here, once you receive your NOA1 you will be in a period of authorized stay in the US. Your proof of legal status is your NOA1 from the I-485 application.

And once you get the NOA1, regardless of what your visitors visa says, don't leave! You are legally allowed to stay here while your AOS is pending approval.

[NikLR 13,220]

To add to that, if you leave before you have advanced parole or the green card, your adjustment of status will be considered abandoned and you would HAVE to do the CR1 process.

[Kaori 1]

It sounds like you are already in the US, if you had no specific plans to marry when you arrived, then after you get married you could file for Adjustment of Status. You can do it from within the US and you don't have to leave during the process (in fact you cannot leave until you get your EAD/AP). With AOS you would get your Greencard in 3-6 months. (My process took 4 months)

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

You would need a co-sponsor if your boyfriend does not earn above poverty level, but that could be one of the parents. As far as his criminal history see http://www.avvo.com/legal-answers/i-am-a-born-u-s--citizen--but-i-have-three-felonie-185695.html where some lawyers have given opinions on felony convictions and their effect on a citizens ability to sponsor a spouse.

Jerni- did you go this route? Although we had no intention of getting married while me being here for 6 months I'm worried I won't be able to prove it. My parents were visiting for 2 weeks also and I guess if it was my true intention- we would have married while they were here in feb. I had quit my job back home before arriving here and came to hawaii with my parents who stayed for 2 weeks but I'm staying for the 6 months to be with him. Do you think they will believe there was no intention?

[jerni 24]

Jerni- did you go this route? Although we had no intention of getting married while me being here for 6 months I'm worried I won't be able to prove it. My parents were visiting for 2 weeks also and I guess if it was my true intention- we would have married while they were here in feb. I had quit my job back home before arriving here and came to hawaii with my parents who stayed for 2 weeks but I'm staying for the 6 months to be with him. Do you think they will believe there was no intention?

I did Don't worry about intent. It sounds like you had no plans on getting married when you first arrived. It is up to USCIS to prove you had intent, it is not up to you to prove you did not. Plus, intent alone cannot be used as the sole reason for USCIS to deny AOS there has to be some other issue.

If you entered legally, are married to a US citizen, don't have any criminal history or other issues that would make you inadmissible you should be able to AOS without problem.

[NikLR 13,220]

Once the CBP let you in they can't deny you for intent. They can question it, but not deny you unless they find some and prove it. But because you didn't intent to stay, as evidenced even on this forum by the questions you've asked, you are legally allowed to AOS.

[Kaori 1]

Ok this may be a stupid question. But since my intention wasn't to get married when I first got here- can I still wear a white dress or will that look like we planned this whole thing? And can we get the wedding bands? Or if we do then that looks planned?

[NikLR 13,220]

of course you can wear a white dress. Of course you can get wedding bands.

Stop worrying about intent. The CBP obviously felt you weren't going to stay or else they wouldn't have let you in. You have spontaneously changed your mind. That much is obvious by how worried you are. You are NOT breaking any laws.

[Kaori 1]

Thank u NLR I'm a worry wart.

[awaywego 28]

Ok this may be a stupid question. But since my intention wasn't to get married when I first got here- can I still wear a white dress or will that look like we planned this whole thing? And can we get the wedding bands? Or if we do then that looks planned?

I can't say anything about the immigration laws on this particular topic, but I wanted to point out that you don't need months of planning to obtain either of these items. If you buy a white dress off the rack (or used or at a sample sale) and wedding bands out of the jeweler's case, you can have both today with zero planning. Also, if it helps your worries (though it sounds from what other posters are saying that you needn't be worrying), remember that you will have receipts that show the date you bought the items.

[awaywego 28]

Too late to edit my previous post, which was not at all clear. Let me try this again:

Other posters have noted that you don't need to worry if your wedding looks preplanned because CBP already determined that you did not intend to marry your SO and stay when they let you into the US. I wanted to add that, even if USCIS did care, a white dress and wedding rings don't automatically make your wedding look preplanned because you can get them in a very short amount of time. This doesn't need to be said, but it might also help with your worrying.

[Kaori 1]

The rings have been ordered and we'll get married as soon as they arrive. I've downloaded all the forms and have started filling them out. I have a question about form i-130. it asks for my address. should i write my home address in vancouver? or my address here? also it asks #14. Arrival departure record (i-94) i didn't get any paper work becuase i'm from canada and they don't even stamp your passport. what shall i write there?

last question for now. I think i';ve downloaded all the forms but i don't see anything about crimminal records for either my petitioner or myself? i saw the very last form about inadmissibility (i'm thinking if you were denied and want to appeal) but it just says something about the applicant not the sponsor?

any help would be appreciated. so excited!!

[Kaori 1]

We got married May 25. 2014

I'm starting the paperwork but am feeling overwhelmed.

I have a question about form i-130. it asks for my address. should i write my home address in vancouver? or my address here? also it asks #14. Arrival departure record (i-94) i didn't get any paper work becuase i'm from canada and they don't even stamp your passport. what shall i write there?

I'm supposed to be outta the USA July 23rd 2014. (That's when my 6 months end) what if I don't get the NO1

By the time I'm supposed to leave?

Do I send in the I-130 AND I-485? Or is the I-485 filed after I-130 approval?

last question for now. I think i';ve downloaded all the forms but i don't see anything about crimminal records for either my petitioner or myself? i saw the very last form about inadmissibility (i'm thinking if you were denied and want to appeal) but it just says something about the applicant not the sponsor?

any help would be appreciated. so excited!!

[NikLR 13,220]

We got married May 25. 2014

I'm starting the paperwork but am feeling overwhelmed.

I have a question about form i-130. it asks for my address. should i write my home address in vancouver? or my address here? also it asks #14. Arrival departure record (i-94) i didn't get any paper work becuase i'm from canada and they don't even stamp your passport. what shall i write there?

I'm supposed to be outta the USA July 23rd 2014. (That's when my 6 months end) what if I don't get the NO1

By the time I'm supposed to leave?

Do I send in the I-130 AND I-485? Or is the I-485 filed after I-130 approval?

last question for now. I think i';ve downloaded all the forms but i don't see anything about crimminal records for either my petitioner or myself? i saw the very last form about inadmissibility (i'm thinking if you were denied and want to appeal) but it just says something about the applicant not the sponsor?

any help would be appreciated. so excited!!

No do not leave. Write your US address, not your Canadian address. You send BOTH at the same time.

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

You cannot appeal if you are denied, that's what that means.

Any further questions you have can go here:

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/