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Alanis

B2 Visa to GC application

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Posted (edited)

Hi Everyone,

 

I need help on how to process my Greencard.

 

I came to the US with a J1 visa without a 2 year home requirement. A month before my J1 visa expire, I applied for a B2 tourist visa and received the pending status letter from USCIS.

 

I recently had a baby and got married to a US citizen. I stayed in the US for almost 6 months now even though my B2 status is pending.  Should I change status from J1 status or from the B2? And I need help on how to process the greencard on which forms to fillout and requirements. I cant afford to pay a lawyer, so any advices and help will be greatly appreciated.  

Edited by Alanis
wrong spelling

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Posted (edited)

* Moved from What Visa Do I Need to AOS from Work, Student, and Tourist Visas  *

 

13 minutes ago, Alanis said:

A month before my J1 visa expire, I applied for a B2 tourist visa and received the pending status letter from USCIS.

No, you applied for B-2 status. USCIS does not issue visas. Visas are for entry into the country...you are already in the US.

 

13 minutes ago, Alanis said:

I recently had a baby and got married to a US citizen. I stayed in the US for almost 6 months now even though my B2 status is pending.  Should I change status from J1 status or from the B2? And I need help on how to process the greencard on which forms to fillout and requirements. I cant afford to pay a lawyer, so any advices and help will be greatly appreciated.  

You can do AOS to obtain permanent residency ("green card").

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

Note that you cannot leave and return without AP or a green card. AP is taking ~4-6 months.

You are not authorized to work until you have an EAD. ETA: ~4-6 months as well.

 

You would have overstayed even if your extension is approved. That said, overstay is not a bar to AOS as the immediate relative of a USC, so it won't matter.

 

You could apply for a CR-1 visa abroad instead, although I'm assuming you don't want to be separated from your spouse for ~12-16 months. But it does let you close out any ties you have abroad if you need to do so first.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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6 hours ago, geowrian said:

* Moved from What Visa Do I Need to AOS from Work, Student, and Tourist Visas  *

 

No, you applied for B-2 status. USCIS does not issue visas. Visas are for entry into the country...you are already in the US.

 

You can do AOS to obtain permanent residency ("green card").

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

Note that you cannot leave and return without AP or a green card. AP is taking ~4-6 months.

You are not authorized to work until you have an EAD. ETA: ~4-6 months as well.

 

You would have overstayed even if your extension is approved. That said, overstay is not a bar to AOS as the immediate relative of a USC, so it won't matter.

 

You could apply for a CR-1 visa abroad instead, although I'm assuming you don't want to be separated from your spouse for ~12-16 months. But it does let you close out any ties you have abroad if you need to do so first.

Thank you so much for the advice. I’m going to work on my papers ASAP. I have a question, will I be able to travel by plane within the US? 

 

Will I process I-I90 and I-485 at the same time?

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46 minutes ago, Alanis said:

Thank you so much for the advice. I’m going to work on my papers ASAP. I have a question, will I be able to travel by plane within the US? 

Absolutely. The I-485's NOA1 is evidence of your authorized stay. Carrying a copy of the marriage certificate can be helpful as well. There is  a pinned thread in the Working T traveling... forum about this topic of domestic travel.

 

45 minutes ago, Alanis said:

Will I process I-I90 and I-485 at the same time?

The I-190 will be a moot point. The I-485 grants authorized stay while your case is pending.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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thank you so much for the help. I really appreciate it.

 

 

I have a question by the way on what last name I will put on my greencard application, my marriage certificate shows my old last name will I automatically have my husband’s last name? Or should i file for a last name change? 

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7 minutes ago, Alanis said:

I have a question by the way on what last name I will put on my greencard application, my marriage certificate shows my old last name will I automatically have my husband’s last name? Or should i file for a last name change? 

You put your current legal name, which is what will be printed on the green card. Where asked about other/prior names, list any maiden names, nicknames, etc.

A marriage certificate is a legal name change document. Other documents (SSN, driver's license, etc.) are just other evidence of a name change.

You can use a married name for the I-485/I-765/I-131/etc. That is your current name just via the marriage certificate + using it.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1. Some of the boxes in the USCIS forms are not working, is that alright to manually write down the details for the rest of those boxes?

2. I renewed my passport here in Washington, If asked country of issuance of passport will it be my country? or USA?

3. What is a travel document number? is that the same as the passport number? 

 

these forms are confusing me, i am so sorry.

 

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3 hours ago, geowrian said:

You put your current legal name, which is what will be printed on the green card. Where asked about other/prior names, list any maiden names, nicknames, etc.

A marriage certificate is a legal name change document. Other documents (SSN, driver's license, etc.) are just other evidence of a name change.

You can use a married name for the I-485/I-765/I-131/etc. That is your current name just via the marriage certificate + using it.

Thank you so much for responding to all my queries, I am so lost right now with all these documents plus I have a 3 months old baby, I have a hard time figuring things out.

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52 minutes ago, Alanis said:

1. Some of the boxes in the USCIS forms are not working, is that alright to manually write down the details for the rest of those boxes?

2. I renewed my passport here in Washington, If asked country of issuance of passport will it be my country? or USA?

3. What is a travel document number? is that the same as the passport number?

  1. I use Adobe Reader DC which has worked so far, but I understand some items may not work for everybody with every software combination.
    1. For the 2D barcoded forms (I-864 and I-131) don't mix and match...there's a risk that whoever sees it just sees the barcode and scans that and misses the written-in text. It's better in those cases to just print it and write/type it all in yourself IMO.
  2. I believe this refers to the country that issued the passport, not the consulate/embassy/post doing so. My Filipino wife put Philippines for hers although it was issued in the PI consulate in Riyadh, KSA.
  3. No, this pertains to dedicated travel documents. N/A is fine if you just used a passport + visa.
57 minutes ago, Alanis said:

Thank you so much for responding to all my queries, I am so lost right now with all these documents plus I have a 3 months old baby, I have a hard time figuring things out.

No problem!


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 10/10/2018 at 6:35 PM, geowrian said:
  1. I use Adobe Reader DC which has worked so far, but I understand some items may not work for everybody with every software combination.
    1. For the 2D barcoded forms (I-864 and I-131) don't mix and match...there's a risk that whoever sees it just sees the barcode and scans that and misses the written-in text. It's better in those cases to just print it and write/type it all in yourself IMO.
  2. I believe this refers to the country that issued the passport, not the consulate/embassy/post doing so. My Filipino wife put Philippines for hers although it was issued in the PI consulate in Riyadh, KSA.
  3. No, this pertains to dedicated travel documents. N/A is fine if you just used a passport + visa.

No problem!

Hi Geowrian, 

 

Thank you. I tried to edit the forms using the ADOBE ACROBAT READER DC, some of the boxes worked, some of it still doesn't. But I will do what you say to either write or type it. 

 

Regarding about the fees, are there form fees that are waived if filed concurrently? I am going to file the forms I-485 (AOS) , I-130 (petition for alien relative), I-765 (application for employment), I-131 (application for travel).

 

The I-485 form, the part that says derivative applicant? does this pertains to me? or my husband's detail? 

 

I appreciate all you help with this, time is ticking i am just to submit this before 10/22 on when my "b2" status expire (pending status) . Or is it okay to submit this a little later that week? 

7F11D85E-60F3-40BF-96A1-4389C53A42C7.png

Edited by Alanis
Added form

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3 minutes ago, Alanis said:

Regarding about the fees, are there form fees that are waived if filed concurrently? I am going to file the forms I-485 (AOS) , I-130 (petition for alien relative), I-765 (application for employment), I-131 (application for travel).

The I-131 and I-765 have no fees when filed alongside or due to an I-485.

 

3 minutes ago, Alanis said:

The I-485 form, the part that says derivative applicant? does this pertains to me? or my husband's detail? 

You don't have a derivative applicant.

 

3 minutes ago, Alanis said:

I appreciate all you help with this, time is ticking i am just to submit this before 10/22 on when my "b2" status expire (pending status) . Or is it okay to submit this a little later that week? 

You can do so and the overstay will not be a bar for AOS as the immediate relative of a USC.

That said, avoid any period of overstay is optimal.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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10 minutes ago, geowrian said:

The I-131 and I-765 have no fees when filed alongside or due to an I-485.

 

You don't have a derivative applicant.

 

You can do so and the overstay will not be a bar for AOS as the immediate relative of a USC.

That said, avoid any period of overstay is optimal.

Thank you so much Geowrian for taking the time to respond to my questions right away. I really appreciate all the help, may you continue to be a blessing to others :') 

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