wife in the USA on visitor visa, next step I-130 help needed (Q. c-14)

[Hollyday 122]

Oh so does the aos not grant her the visa? Ultimately that's what we are after so one day she can become a citizen.

I always thought AoS finished in a green card, which is the step towards citizenship in the end.

Just so this post isn't a complete waste of space - here's a link to the USCIS AoS guide thingy.

[*Snowdrop* 603]

A successful AOS does not result in a visa because a visa is something you need to use to enter the country and if you are AOSing you are already in the country.

A successful AOS results in a green card. Then your wife will be able to apply for citizenship three years after she receives her green card if she is still married to you and living in the US. Or five years if she is not still married to you.

If you go this route make sure your wife does not leave the US without either her green card or an advance parole document in hand to allow her to reenter the country. So if you want to travel outside the US before she gets her green card make sure you apply for AP with her AOS application. And it can sometimes take a lot longer than you think it will to process the green card so it's worth applying for AP even if you don't think you will need it.

[Ning 619]

Oh so does the aos not grant her the visa? Ultimately that's what we are after so one day she can become a citizen.

No. When she entered the USA she had a certain legal status to be here. AOS is adjustment of status which will give her a different legal status to remain evidenced by the green card.

[Azagarth 0]

I talked with two lawyers this week who said we should see no problems with changing her status. I think we are going to try, but let's say the worse happens and they call it visa fraud (which it isn't). How long would we be looking at her ban being or is there any way to fight it? Would you all recommend having a lawyer everything for the extra it costs or just doing it solo?

Edited September 10, 2014 by Azagarth

[Ning 619]

I talked with two lawyers this week who said we should see no problems with changing her status. I think we are going to try, but let's say the worse happens and they call it visa fraud (which it isn't). How long would we be looking at her ban being or is there any way to fight it? Would you all recommend having a lawyer everything for the extra it costs or just doing it solo?

You don't need a lawyer. They aren't going to call it visa fraud because it isn't. Your not going to be in a fight.

Ask your self why USCIS even has a procedure that allows people in your exact situation and circumstance file the AOS. Then ask why V J has a forum to help people just like you. You are far from alone in doing what you need to do which is to simply follow the laws by using the procedures.

Did you read and understand what Kathryn explained ? This comes from one of the most experienced and informed members here on V J as well as someone that serves as a moderator.

Honestly if you are still wary of doing what you can then pay the lawyer but keep in mind you will still need to supply them the exact same info. The lawyer will slow the case down by becoming an expensive filter of your info. If you seek peace of mind hire the lawyer. If you seek a green card for your wife while she remains in the USA file the docs yourself.

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Azagarth 0]

Cool thanks I think I will just do the papers myself then if there isn't anything confusing about them. They told me about a 30 60 90 rule what is that?

[kcros 0]

Lawyers say that if you adjust within the first 30 days in the country, it is assumed that the person had preconceived intent to make the change before they even arrived in the U.S. It's out of a section of the USCIS field manual.

Personally, I see no need in your case to hire a lawyer as long as you feel comfortable filling out forms and collecting the papers that you will need. There's a easy guide here to follow to complete your AOS if that is the route you choose to follow.

I don't think you will have a problem with intent either. Intent is typically decided by the CBP when they let you in. They may ask you during your interview why you decided to file the way you did and if that happens, simply tell them the truth.

If you do file soon, DO NOT LEAVE the country until you have your EAD/COMBO Card(I-765) in hand. If you leave the country without that while your I-485 is processing, your whole application will be considered abandoned.

[sidelcampeador 18]

i come from Argentina too, and married my Us citizen wife about two month ago. I did the biometrics yesterday, currrently waiting for the interview appointment and so far everything seems to be aright.

I'm adjusting from a tourist visa too and currently living in Houston in a super long vacation status lol

I hope i get my EAD soon so i can work. My cousin who is Brazilian did the same thing (citizen wife, AOS from tourist visa) last year and got the green card in 4 month, he lives in San Jose. So i think that as long as your fiance has no past negative records, you won't have any problems.

Good luck to you guys

[Ning 619]

Cool thanks I think I will just do the papers myself then if there isn't anything confusing about them. They told me about a 30 60 90 rule what is that?

The docs can be confusing to people but just do the best you can then come back here for help. The confusion level is the same even if you had a lawyer is just more expensive confusion so try it your self.

[Ryan H 3,791]

They told me about a 30 60 90 rule what is that?

There is no such rule.