Jump to content
Chique45

Getting Married on B1/B2 Visa - Next Step?

18 posts in this topic

Recommended Posts

Hi everyone,

I am currently in the US on B1/B2 visa and my boyfriend and I are planning to get married before my I-94 expires. I am confused about the procedure that follows marriage, so my questions are the following:

- Do we submit I-130 ONLY and wait for approval before proceeding with other forms? OR

- Do we have to submit the whole package (I-130, I-485, I-693, I-864 and G325A) and then wait for them to process it?

Thanks

Share this post


Link to post
Share on other sites

Check out the Guides at teh top of every VJ page. It tells you exactly which forms you should file. Congrats and good luck! :)


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Share this post


Link to post
Share on other sites

Send everything together, It's called a concurrent I-130/I-485.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Hi

you can apply for the whole package because you are both in USA. Also can apply for AP ( i - 131) that allow you, by the same price to fly back in case of any emergency.

Here and https://www.uscis.gov/ you can find a lot of information, and you should read carefully because you need to understand your own situation and fill the information, unless you hire a lawyer or paralegal services.

My only advice, you should be very careful because if someone enter with a non-immigrant ( B1-B2) visa with the intention to change to an immigration visa ( Cr1). and it can be misunderstood and it could be taken as migratory fraud. here in Visajourney there are a lot information from post from other VJs user with similar situations that i hardly recommend to read and be well informed

Edited by inloveVEN

Share this post


Link to post
Share on other sites

Follow this guide:

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

Hi

you can apply for the whole package because you are both in USA. Also can apply for AP ( i - 131) that allow you, by the same price to fly back in case of any emergency.

Here and https://www.uscis.gov/ you can find a lot of information, and you should read carefully because you need to understand your own situation and fill the information, unless you hire a lawyer or paralegal services.

My only advice, you should be very careful because if someone enter with a non-immigrant ( B1-B2) visa with the intention to change to an immigration visa ( Cr1). and it can be misunderstood and it could be taken as migratory fraud. here in Visajourney there are a lot information from post from other VJs user with similar situations that i hardly recommend to read and be well informed

Intent alone is NOT a reason to deny AOS to immediate relatives of USCs.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

The thing is, he is still a student and has no income, so filling out I-864 could be an issue, so we were hoping that we could send out I-130 first and, if it's approved, submit everything else afterwards (as he will graduate in a few months).

Would that be possible at all?

Share this post


Link to post
Share on other sites

The thing is, he is still a student and has no income, so filling out I-864 could be an issue, so we were hoping that we could send out I-130 first and, if it's approved, submit everything else afterwards (as he will graduate in a few months).

Would that be possible at all?

Yes, but filing a I-130 alone does not allow you to stay in the US and gives you no benefit. You'd be better off getting a co-sponsor.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Yes, but filing a I-130 alone does not allow you to stay in the US and gives you no benefit. You'd be better off getting a co-sponsor.

I see. The only reason we believed it was the right way was because USCIS has the following procedure on the website: https://travel.state.gov/content/visas/en/immigrate/immigrant-process.html

Step 1 - Submit a Petition (I-130)

Step 2 - After approval, submit all the other forms.

That is why we were confused as to what the right way to proceed is.

Share this post


Link to post
Share on other sites

I see. The only reason we believed it was the right way was because USCIS has the following procedure on the website: https://travel.state.gov/content/visas/en/immigrate/immigrant-process.html

Step 1 - Submit a Petition (I-130)

Step 2 - After approval, submit all the other forms.

That is why we were confused as to what the right way to proceed is.

That's not USCIS, that's the State Departement. That only applies if the foreign spouse is in their home country and the USC is filing to get them a visa.

Not applicable to your situation.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

The thing is, he is still a student and has no income, so filling out I-864 could be an issue, so we were hoping that we could send out I-130 first and, if it's approved, submit everything else afterwards (as he will graduate in a few months).

Would that be possible at all?

Like Harpa Timsah said, I-130 does not give you authorized stay.

Concurrent filing does.

Even if he finds a job right after graduating, USCIS usually wants to see 6+ months at present job.

You'll need a joint sponsor.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Like Harpa Timsah said, I-130 does not give you authorized stay.

Concurrent filing does.

Even if he finds a job right after graduating, USCIS usually wants to see 6+ months at present job.

You'll need a joint sponsor.

Got it.

Now, if I understand correctly, if we submit the paperwork before my I-94 expires, am I legally allowed to stay in the country while our case is being reviewed?

Share this post


Link to post
Share on other sites

Got it.

Now, if I understand correctly, if we submit the paperwork before my I-94 expires, am I legally allowed to stay in the country while our case is being reviewed?

Yes. Even if you submit it after your I-94 expires, once you receive your NOA1s, you enter a new period of authorized stay until your AOS application is adjudicated.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

That is the instructions for an immigrant visa. That visa turns into a Greencard when the person enters the US. You are already in the US so you need to change your status to a Greencard. No spouse of a US Citizen lives in the US on a visa; they live here as permanent residents (Greencard holders). Hope that clears it up a bit.

So yes, you CAN just file I-130. But doing so does not protect you from deportation or anything. The approval of that petition just proves that a person has a petitionable relationship.

Since you are in the US, filing the I-485 is the thing that protects you from deportation. You can only file that in conjunction with the I-130 because the I-485 needs to be based on an approvable petition.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

That is the instructions for an immigrant visa. That visa turns into a Greencard when the person enters the US. You are already in the US so you need to change your status to a Greencard. No spouse of a US Citizen lives in the US on a visa; they live here as permanent residents (Greencard holders). Hope that clears it up a bit.

So yes, you CAN just file I-130. But doing so does not protect you from deportation or anything. The approval of that petition just proves that a person has a petitionable relationship.

Since you are in the US, filing the I-485 is the thing that protects you from deportation. You can only file that in conjunction with the I-130 because the I-485 needs to be based on an approvable petition.

Thanks a lot, it did help!

Just to be clear, when you say ''concurrent I-130/I-485", do you talk about submitting only these two first or submitting all the other forms as well at the same time?

Share this post


Link to post
Share on other sites

It's a big package but the main parts are the I-130 and I-485. The other forms in the guide listed (and in the instructions) are related to the I-485 and are required too. But the I-130/I-485 is the big umbrella that those other forms fall under.

And, while we're at it. Not only can you stay while this is processing, but you actually can't leave, or you forfeit your application. You can file the I-131 for travel permission, but it will take 90 days to approve. You won't be able to leave before that without abandoning your application.

Once you get your Greencard you can work and travel in the US like a normal person and no longer need the special permissions.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×