Urgent only 8 Days left

[xmrp18 0]

Hi so i'm a citizen by birth. I met my now wife around a year ago on the internet and she arrived here almost 3 months ago (in 8 days) on a ESTA Visa Waiver program. I have married her and am trying to determine if 8 days is enough to file the completed I-130 and I-485 forms. We will have completed the medical exam by Monday 9/15/14. I have no idea what to do, completely lost, I've tried calling the immigration direct number and spoke in length with many people, also tried to make an infopass appointment with my local field office, but the next appointment they have is 2 days after her ESTA expires. Please any insight would help me, I live in San Rafael CA.

[icv21 110]

Hi!!!

I came here in April with an ESTA from Spain and my boyfriend proposed in July so a couple days later was my flight back to Spain and I stayed, next day my ESTA expired I'm a overstay.

But if you are married nobody will get your wife deported since she is direct family member of a US citizen so you don't have to be worried about anything.

You can send the papers in a few weeks when you have everything ready.

We got married a couple days after my ESTA was expired in July and just last Friday sent all the papers to uscis, and I'm still overstay situation.... The only thing is that your wife CANT get out the country by any reason or she could have serious problems to come back. So just stay together until she has the AP or green card

Since I didn't know it was all going to happen my family had to send me all my winter clothes and some personal items for this next fall winter so if she is in the same situation just do something similar don't go back to pick up thing yet

[NikLR 13,220]

~~moved to AOS from tourist, work, and student visas from What visa do I need~~

Hi so i'm a citizen by birth. I met my now wife around a year ago on the internet and she arrived here almost 3 months ago (in 8 days) on a ESTA Visa Waiver program. I have married her and am trying to determine if 8 days is enough to file the completed I-130 and I-485 forms. We will have completed the medical exam by Monday 9/15/14. I have no idea what to do, completely lost, I've tried calling the immigration direct number and spoke in length with many people, also tried to make an infopass appointment with my local field office, but the next appointment they have is 2 days after her ESTA expires. Please any insight would help me, I live in San Rafael CA.

Doesn't matter, as long as you file by that date. I'm not sure why you did a medical exam before even filing the AOS package. Any overstay for a USC spouse is forgiven upon approval.

[xmrp18 0]

Forgive my not understanding but what is an "AOS"? I'm completely lost in this process. So the I-140 and I-485 does not count as an adjustment of status?

In that case what form do I need? Thanks for the hope, my wife isn't crying anymore! More info please?

[icv21 110]

AOS is your case " adjustment of status" it's what you are doing

I totally know how your wife feels I was kind of scared too , specially I didn't want to be illegal or be deported or who knows, everything was coming to my mind the worse haha.

my husband US citizen contacted a lawyer and they say if you are married there is nothing to worry about, maybe at the interview they will be a bit hard but it will be fine.

All the forms you need are here in the forum

So you need to write:

Form I-130 ( petitioning for your wife )

G- 325a

She will have to do:

Form I-148

G-325a

I-693 ( medical exam )

I- 864 ( affidavit of support, you have to do it )

I-765 ( work authorization, so she can work while waiting for everything )

I-131 ( advance parole so she could travel in case of emergency )

Your form will be $420 and hers $1070

[CdnRN 40]

AOS is Adjustment of Status, there is a guide here that you will find helpful. I-130 and I-485 are part of it. You likely want i-131 and I-765 (not to mention others that the guides will explain) also.

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

[icv21 110]

You can go to the uscis website write the name of the forms and print the instructions to know everything you need and how to file them

[xmrp18 0]

Ok well my I-130 and I-485 cost me around $280, its also around 60+ pages all done online and printed. The next challenge is the supporting documents, what are ideal things to bring? She doesn't have any bills in her name yet here. My greatest fear is having to pay for her to fly back to Europe and then back again just to file these forms.

[icv21 110]

What do you mean it cost you $280????

You have to send the checks to pay the amount uscis say when you send the forms to them.

Lots of people don't have any bills since they can't work it's normal at the beginning.

Do you guys have a bank account together??? You can open one. They just ask for her passport for a joint.

You can print messages of you two.... Pictures.... Screenshots of facebook, receipts of any gifts???

We put pictures of us with explanations and when and where it was ( maybe around 20 )

Our bank account together that we opened in August.

Our netflix account together.

Screenshots of Instagram...

My husband wrote an affidavit explaining how we meet when he decided to marry me etc ( you can find how to do it here:

http://www.visajourney.com/wiki/index.php/Affidavit also friends or family member can write one )

We put wedding invitations that we had sent to both of us.... Baby shower invitation sent to me.....

Our marriage certificate

[xmrp18 0]

Ok I noted the types of supporting documents, should they be sent with the packet when we mail it or wait until we are called for a meeting?

The form when we bought it was $280 some dollars and I was told was the complete package.

So now its off to Kinkos to make copies of everything I can think of!

[icv21 110]

But the forms are free you download them one by one from the USCIS website:

http://www.uscis.gov/i-130

And then it says the fee you have to pay to uscis.

Did an attorney give you the forms??? I'm confused

[bobcat190E 12]

What did you already pay $280 for? You may have been scammed. There are sketchy immigration websites out there that are made to look official but are scams that charge you for things that are free.

The forms that you need are freely available on the USCIS website which you can download in PDF format. When you submit the completed forms by mail you include checks made payable to the US government, $1070 for the I-485 ($985 plus $85 biometric fee) and $420 for the I-130.

[CdnRN 40]

$280???? All the forms are free on the USCIS' website. The filing cost is much more. Seriously, read the guide I linked above and the instructions on the USCIS' website.

If you paid $280 for the forms I'm afraid you've been had.

[Pickle 65]

In addition to the guides above posters advised you to read, also straight from the USCIS website:

Form I-130: http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Form I-485: http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Form I-765: http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

Form I-131: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

You might want to inform yourself a little bit using these links. I'm sorry if someone scammed you to pay $280 to obtain the forms!

[NikLR 13,220]

Ok well my I-130 and I-485 cost me around $280, its also around 60+ pages all done online and printed. The next challenge is the supporting documents, what are ideal things to bring? She doesn't have any bills in her name yet here. My greatest fear is having to pay for her to fly back to Europe and then back again just to file these forms.

1) you shouldn't have paid ANYTHING for any of these forms unless you were paying a visa service to fill them up for you. http://www.uscis.gov/

2) have you read the guides on this website yet? It's been linked already but here; http://www.visajourney.com/content/i130guide2

3) if she leaves and comes back she should not file an adjustment of status. the AOS is only if she is planning to stay. Your wife should NOT leave the USA until she has her advance parole card or green card. If she does, her adjustment will be considered abandoned. Also it's illegal to enter the USA with the intent to immigrate. So when she leaves and comes back, and the CBP (customs officer) asks her the purpose of her visit, and she truthfully states "to live in the USA with my husband" she will be sent back on the first plane home. It's also illegal to lie to the CBP and can result in a ban from the USA.

So, if the adjustment of status is what you want, she needs to stay in the USA and not get on the plane.