Traveling overseas in March--file I-130/I-485 now or after?

[chicinchic 1]

Hi!

I've got a quick question about when to file.

I'm a J-1 Canadian student and my status will expire in June. My parter and I were married in Dec. in the USA and we want to file for my adjustment of status (which includes the I-130, I-485, G-325 bio forms, plus the financial information, unless I am mistaken?).

My concern is that I have a conference overseas March 20 and would like to attend it without botching up the I-485.

1) If we mail the forms in next week, will I be issued an I-131 in time to attend the conference in March? Or am I better of beginning the immigration process when I get back?

2) If we wait until after I'm back, and begin the filing process at the end of March, what happens once my J-1 expires in June? Can I still remain in the country?

Edited January 29, 2015 by chicinchic

[Pitaya 2,576]

~Moved from K 1 Process to WST-based AOS Forum~

~Inquiry about WST-based AOS, unrelated to K1~

~irrelevant thread removed, duplicate thread removed~

~Please refrain from multiple posting of same topic~

Edited January 29, 2015 by A&B

[chicinchic 1]

Sorry, but could you please post the link? I'm not sure what thread it's located in and I haven't been able to find it. Thanks!

ETA: Nevermind, thanks for putting it in the right thread.

Edited January 29, 2015 by chicinchic

[Pitaya 2,576]

~The duplicate and irrelevant postings have been removed. The thread that you posted about adjusting from a student visa in the Fiancee K1 visa forum has been moved to the WST-based AOS forum. You will likely get more informed responses at that forum.~

Edited January 29, 2015 by A&B

[Pheebs1201 269]

for adjustment of status for travel based visas, these are your friend!

http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

Edited January 29, 2015 by Pheebs1201

[chicinchic 1]

Thanks, that answers the question about applying after March, but if we apply at the beginning of February, would I receive my I-131 by mid-March?

[aaron2020 11,651]

Hi,

1. Are you subject to the 2 years HRR?

2. File for AOS and ask for an expedite of the AP.

3. Are you aware that it is visa fraud to enter the U.S. on a non-immigrant visa like a J-1 with the intent to immigrate? If you do not file for AOS and do not have AP, your return from your trip would constitute visa fraud because you would be entering on the J-1 with the intent to immigrate by subsequently filing for AOS.

[znl 2]

It takes 60-90 days for an i131 to get approved, and this is provided you do not run into delays due to RFE's. Thus applying in February for a trip in March may be difficult.

You can apply after your trip.

If you are married to a US citizen, having your J1 status expire should not be an issue. As you are aware, Canadians are not issued a Visa, rather they are given status (J1 in your case) upon entry with a DS2019.

[Dave&Roza 748]

Hi!

I've got a quick question about when to file.

I'm a J-1 Canadian student and my status will expire in June. My parter and I were married in Dec. in the USA and we want to file for my adjustment of status (which includes the I-130, I-485, G-325 bio forms, plus the financial information, unless I am mistaken?).

My concern is that I have a conference overseas March 20 and would like to attend it without botching up the I-485.

1) If we mail the forms in next week, will I be issued an I-131 in time to attend the conference in March? Or am I better of beginning the immigration process when I get back? If you want to remain in the US and file for AOS you need to do so. If you do not get AP before the conference you will have to decide which is more important--your immigration status or the conference. Life is full of choices, please consider yours carefully and chose wisely based on what is important to you and your situation.

2) If we wait until after I'm back, and begin the filing process at the end of March, what happens once my J-1 expires in June? Can I still remain in the country? You would need to leave while the spousal visa is processed. You could visa as a visitor, but to AOS from the J-1 after getting married and attending the conference is visa fraud.

I would file before you leave and then make an INFOpass appointment to see if you can get AP before your conference. If you have no travel documents before the conference, I would not attend or when returning to the US I would mention the AOS and see if the CBP officer will allow you to enter based on a LPR and not a Canadian with J-1 status. If not, you will then need a spousal visa in order to legally immigrant to the US. To leave affer your marriage and return using the J-1 and then filing for AOS is visa fraud as you would be using a non-immigrant visa to enter the US with the sole intent of filing for AOS so you can remain in the US.

As a Canadian you have it better than most as you can come and go almost at will. This does mean you need to be more careful when you decide to immigrate to the US so you are not committing fraud.

Good luck,

Dave

Edited January 29, 2015 by Dave&Roza

[chicinchic 1]

Thanks for your responses.

Dave&Roza, I need to purchase my ticket now for the conference, and if I didn't attend, it would be a $1200 loss. I'm also still in school and will be finishing up my PhD around the time of the conference, so if I am not let into the country, I cannot defend or attend my own convocation.

[Dave&Roza 748]

Thanks for your responses.

Dave&Roza, I need to purchase my ticket now for the conference, and if I didn't attend, it would be a $1200 loss. I'm also still in school and will be finishing up my PhD around the time of the conference, so if I am not let into the country, I cannot defend or attend my own convocation.

Like I stated life is full of choices. You currently have a few choices to decide between as I see it. 1) Attend the conference. Return on the J-1 and finish up school. When the J-1 expires you leave for Canada and your spouse files the I-130 spousal visa. You wait in Canada and visit until you receive the CR-1/IR-1 visa. 2) You file for the AOS which means you cannot leave the US without the AOS being considered abandoned unless you have some sort of documentation allowing you to enter the US based on the AOS filing--AP or GC. This means you flushed the AOS fee ($1070) down the toilet and you must now do the spousal visa route. 3) Attend you conference. Re-enter the US on the J-1 visa. Apply for AOS. Wait for the denial letter and deportation proceedings as you are committing visa fraud. Now your route to the US just got more complicated and expensive. Let's say for the sake of arguement that you do get approved for the AOS and now live in the US with your spouse. In 2 years you have to file to remove conditions on your GC. For some reason the USCIS decides they made a mistake on issuing you the GC and deny your ROC and begin deportation proceedings. You have a good paying job and a child and your life is being turned upside down all because of the choice you made 2 to 3 years ago.

So which is more important to you? The conference or being able to live with your spouse in the US? It is your life and your choice, but you will have to make a life altering choice. Not attending the conference means loosing $1200. Having to apply for a spousal visa will result in approximately a one year seperation from your spouse--at least you are Canadian and can visa during the process, but do not abuse that or the CBP will not let you into the US.

Choose wisely,

Dave

Edited January 29, 2015 by Dave&Roza