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Valette

A little help here! AoS vs F2A for spouse of LPR

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Hello, I recently became LPR from F2B category. My boyfriend and I will get married very soon, and would like some advice since he is in our home country, which is Dominican Republic.  We would like to do the AoS because we were told is the best way to at least stay together while we wait. What do you guys think? Any recommendation? Do I need to send over I-130 with everything? i mean, I-485, I-765. ..etc? all together? or is it mandatory to first wait for the I-130 Approval? Sorry to ask, but i'm new with this. Any advice would be appreciate it! ^_^

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7 minutes ago, Valette said:

Hello, I recently became LPR from F2B category. My boyfriend and I will get married very soon, and would like some advice since he is in our home country, which is Dominican Republic.  We would like to do the AoS because we were told is the best way to at least stay together while we wait. What do you guys think? Any recommendation? Do I need to send over I-130 with everything? i mean, I-485, I-765. ..etc? all together? or is it mandatory to first wait for the I-130 Approval? Sorry to ask, but i'm new with this. Any advice would be appreciate it! ^_^

You can not adjust status (Sending the I-485, I-765) until your PD becomes current. Once married you can file the I-130 Are you already in the US? If not you can't adjust status anyway. Will take about 2 1/2 years to process.


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11 minutes ago, Valette said:

Hello, I recently became LPR from F2B category. My boyfriend and I will get married very soon, and would like some advice since he is in our home country, which is Dominican Republic.  We would like to do the AoS because we were told is the best way to at least stay together while we wait. What do you guys think? Any recommendation? Do I need to send over I-130 with everything? i mean, I-485, I-765. ..etc? all together? or is it mandatory to first wait for the I-130 Approval? Sorry to ask, but i'm new with this. Any advice would be appreciate it! ^_^

There is no immediate adjustment of status for LPR's. You have to be a US citizen for that.

 

The timeline for a spousal visa of a LPR is about 2 years. Unfortunately, you will have to wait it out.


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As above, no adjustment of status as it’s about 2 years till the priority date for F2A gets current, and anyway as he is not already in the US it isn’t an option - you can’t enter with intent to adjust. 

Be aware that you may read about some spouses overstaying visas and then adjusting - spouse of a LPR absolutely cannot do that as no visa transgression is forgiven like it is with spouse of USC. Any overstay will lead to problems for an eventual visa, potentially including a 3-10 year ban on entry.

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Posted (edited)

Thank youuu ALL, for all the replies... it is appreciate it that you took the time! ^_^* Aaah, I didn't know that. I'm not in the US yet I'm getting things settled before i leave. As far as you all are saying, We will have to do F2A process with I-130 for him after we get married? correct?

Edited by Valette

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1 minute ago, Valette said:

Thank youuu ALL, for all the replies... it is appreciate it that you took the time! ^_^* Aaah, I didn't know that. I'm not in the US yet I'm getting things settled before i leave. As far as you all are saying, We will have to do F2A process with I-130 for him after we get married? correct?

Yes and he will remain outside the USA until Visa issuance 


YMMV

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Sounds like you do not have your GC yet? Remember the order GC first.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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17 hours ago, Valette said:

I see. Thank you so much for the information. It's good to have things clear before doing them :) to avoid any issues. At least he has a tourist visa ^_^*

Keep in mind that after you get married it will be more difficult for your husband to visit you in the US, even if he has a tourist visa he could be refused entry at CBP because ties will be stronger to the US with a US spouse here.  So he needs to be prepared to show strong ties to the DR, take a copy of the NOA1 after filing I-130 to show that you are doing it the right way, ask for entry for a short period of time, for a short visit, etc.  Good luck!

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8 hours ago, carmel34 said:

Keep in mind that after you get married it will be more difficult for your husband to visit you in the US, even if he has a tourist visa he could be refused entry at CBP because ties will be stronger to the US with a US spouse here.  So he needs to be prepared to show strong ties to the DR, take a copy of the NOA1 after filing I-130 to show that you are doing it the right way, ask for entry for a short period of time, for a short visit, etc.  Good luck!

Thank you so much for the suggestion, will do that definitely. Although he does have a stable job here, i'll make sure to explain that to him about the copy of I-130 and he should also take his work id card with him which has his photo in it. ^_^

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