Adjustment of status in the US

[Transborderwife 4,666]

It's perfectly fine to adjust on a visitors visa. If you're intent was to visit.

The law is also perfectly clear about those who are already married and want to immigrate. (just for good measure i'll also throw in a LOL)

Op has said that intent was to visit. As well, it's well known that intent alone isn't enough to deny an aos. If you feel it's fraud feel free to report to a moderator.

[llcoolmg 20]

Hi everyone, thanks for your concern and your words of caution. Just to clarify, when we entered as visitors, it was with the intention of VISITING only-which is why I never did any research about all of this ahead of time, and hence the confusion . We had a change of plan based on family circumstances.

USCIS may ask for proof of return plane tickets etc. Or they may not. Sorry to hear about your family circumstances.

[llcoolmg 20]

Op has said that intent was to visit. As well, it's well known that intent alone isn't enough to deny an aos. If you feel it's fraud feel free to report to a moderator.

I just think you're giving bad advice.

She didn't mention her intent 'till page three of this tread. You were happy to opine before you had all the relevant facts. And were suggesting a potentially precarious path when a less risky path was very much still an option.

You are welcome to your opinion but I'm free to pass judgment.

OP, you're free to do what you want. This is the internet after all.

[Transborderwife 4,666]

As previously mentioned, intent is not enough of a reason to deny as per matter of casavos and battista, so the judgement is null and void.

[llcoolmg 20]

As previously mentioned, intent is not enough of a reason to deny as per matter of casavos and battista, so the judgement is null and void.

If that brings you comfort then more power to you.

OP,

The CORRECT advice is that sometimes a problem has multiple solutions. For posters to tell you that CR1 is Wrong, is well wrong. You may very well be able to AOS but you may also be able CR1.

Good luck! :-)

[Newbie2016 0]

Haha thanks everyone for your advice! I really appreciate that you're all trying to give me the best information possible. Sorry, I didn't even think of stating in my very first post that my intention was just to visit because I took that for granted.

[newacct 688]

If that brings you comfort then more power to you.

OP,

The CORRECT advice is that sometimes a problem has multiple solutions. For posters to tell you that CR1 is Wrong, is well wrong. You may very well be able to AOS but you may also be able CR1.

Good luck! :-)

Nobody said that "CR1 is wrong".

You were the one saying people were "wrong" to say they can AOS, and you made multiple posts saying basically "if your intent was to immigrant when you entered then you cannot do AOS now". That is wrong and you were giving very bad advice, and people can call you out when you give wrong information.

[llcoolmg 20]

Nobody said that "CR1 is wrong".

Wrong, wrong, wrong.

Do not apply for CR1 and do not follow above posters advice - its plain wrong. You are in the USA, married to a US Citizen so all you need to do us apply for AOS. Wishing you lots of luck on your new journey together

[NikLR 13,220]

Ok thanks everyone. Following your advice, we went ahead and got a household member to supplement our income. I now have 2 areas of confusion:

1) household size calculation: the household member who will be included to help us meet the income requirement is my husband's father (a US citizen). Should my husband file the I-864, list me as the principal immigrant, then list his dad as another member of his household, for a total of 3 household members? Under this scenario, my husband's mom and his brother will not be included as part of the household, but my understanding is that this is ok. Can someone please confirm this? Household of 3 and I-864A for my husband's father?

2) most recent tax year: as of now, my husband and his family have NOT yet filed their taxes for 2015. Is it ok (since it's still March) to use 2014 as the most recent year?

1) its possibly okay and possibly not. The USCIS may ask for an I-864a also from any other household members. Does your FIL make enough for 4 people? (You, mil, bil, him.)

Or is it possible for your husband to get a job now and not worry about this?

2) yes until april 18, 2016 that is fine.

[Newbie2016 0]

Guys do you know the expected time between USCIS receiving my papers and calling me for the interview? I was planning to just submit everything EXCEPT for the I-693 because I haven't scheduled a medical exam yet, and just bring it to the interview. But some say it's a good idea, some say it's bad.

[Transborderwife 4,666]

You may get an rfe for it, you may get an intent to deny. I wouldn't send it in until you have everything

[Newbie2016 0]

Oh wow thanks for the info. Intent to deny? I wasn't even aware of it

[TakumiKobyashi 5]

You may get an rfe for it, you may get an intent to deny. I wouldn't send it in until you have everything

This is completely false… as part of the new policy making I-693s only valid for a year, USCIS now allows you to submit the I-693 later by mail or bring it to the interview.

In follow-up correspondence to its initial policy announcements, USCIS stated that it would accept adjustment of status applications that do NOT contain the medical exam report yet. Applicants can choose to submit it later by mail, or bring it to their interview.

Also, from USCIS itself:

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required).

This is exactly what we did, and we had no problem bringing it to the interview. OP, go ahead and submit now if you're ready!

Edited March 23, 2016 by TakumiKobyashi

[Newbie2016 0]

Hi folks, sorry for all the questions. We're reviewing the forms we filled and I just wanted to make sure I'm filling in the address correctly. When it asks for MY address, as a visitor to the US applying for AOS, do I use my Canadian address, or the address I'm staying at in the US? We thought it would be best to use the US address since I'm here right now, but are they expecting me to use my Canadian address since I'm just a visitor? Thanks.

Form I-130 makes that distinction in some places by asking for "address abroad" vs "address where you intend to live". But on I-485, for example, we listed the US address since it gives us the "in care of" option, and in the instructions it actually said "you must have a US address to use this form". What is USCIS expecting us to fill in? Can I list the US address for myself unless it asks for my address abroad? Sorry for all these really basic questions .

[NikLR 13,220]

Use your new US address, in all places that ask for your address except last address abroad.