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sjfoley1

AOS from B2 tourist visa - questions about paperwork and misc.

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Hi all, my husband is Canadian and is currently here in the US on his B2 visitors visa, and I am a US citizen. We are getting all of the paperwork together and have the appropriate funds for the fees for him to adjust his status. One thing I am confused about is on the i-864 form under part 5 (household size) where it counts the person you are sponsoring and then also asks if you are married and counts that as another person, so it looks like our household is 3 people when its really 2. Since we aren't suppose to count a person more than once on this form, do I just leave the spouse portion blank?

 

I know i-765 is optional, but since you can file it with no fee with the other forms is it a good idea just to do it? If this is approved would this allow him to work if his green card is still pending? also with i-131, does he need that if we were just going to travel within the US, or is it just if we were to leave the country?

 

With i-485, the guide shows this for showing a bonifide marriage:

1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financial resources; or
4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or
6. Any other relevant documentation to establish that there is an ongoing marital union.

 

I own a house, which I was in the process of purchasing when my husband and I first met. He doesn't have a bank account here, and I hadn't been aware if I could add him to mine. Is this something I should do? He is listed on our cell phone plan but that is about it right now. Is the affidavit this is talking about the i-864 or something different? Would screen shots from facebook and  photos of us together be able to be submitted as evidence?

 

Thank you all for your help!

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Household size should be two assuming there is no one else.  It is always a good idea to file the I765 and I131 concurrently.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Advance Parole (I-131) is not needed to travel inside the US, but it would be unwise to skip submitting it.  The purpose of filing an  I-765 (EAD)  is to allow a person to work in the US pending approval and issuance of a Green Card.   It must have been difficult for him to suddenly leave everything behind in Canada while in the US on visit....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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See if you can add him to your bank account. My bank gave me the run around so I just kept asking every month or two til someone finally said they could add him. 

 

You want as much info as possible to show your relationship is legit. I don't have a lease with both of us on it, so I made sure to share extra info like screenshots from posts on each other's Facebook walls or photos of us together. 

 

The affidavits for the 485 is basically fancy words for "letters from family/friends saying they know you're legit". You can look up some examples on this site to use as reference if you wind up asking family/friends for their support. 

 

Your household size is 2 (assuming just you and your husband). I don't have my forms in front of me but I believe the beneficiary gets counted in the household size before the spouse slot. I put 0 in the spouse box since my husband was counted in a prior slot (ie as the beneficiary). I didn't get questioned on it at all. 

 

I'd also file the 765, and 131 since they're free if you're filing for AOS. Never hurts to cross your Ts and dot your Is


Married 4/12/18
Mailed AOS Packet (485, 131, 130, 130a, 864, 765) 4/9/19
Packet Delivered to Chicago Lockbox 4/12/19
NOA1 for i-130, 765, 131, 485: 4/19/19
Biometrics Notice: 4/26/19
Biometrics appointment 5/14/19
Notice For Interview 5/21/19
693 completed: 6/25/19 (appointment was 6/21/19, civil surgeon needed time to process)
Interview: 6/25/19
Approved: 6/25/19 (online case status lists new card is being produced)
GC in hand: 7/2/19

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Its hard to add people to bank accounts, I was also given the run around but finally we got one through Wells Fargo. You can also try adding him as an authorized user to your credit card. Other easy things we did that did not require a SSN are health insurance, life insurance, phone bill. I assume with that much you should be fine. Maybe your car insurance if possible

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Thank all  for your responses! The only other thing I am wondering about now, is once we get the paperwork submitted, he technically cannot leave the US or it would be considered abandoning his application, is that correct? What does this mean for the tourist visa he is currently here on, which states he can only be in the country until October 12th?

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3 minutes ago, sjfoley1 said:

Thank all  for your responses! The only other thing I am wondering about now, is once we get the paperwork submitted, he technically cannot leave the US or it would be considered abandoning his application, is that correct? What does this mean for the tourist visa he is currently here on, which states he can only be in the country until October 12th?

1.  If he leaves the US prior to RECEIVING a valid advance parole document, he will have abandoned his adjustment of status.  

2.  Once he submits the I-485, he will be granted "authorized stay" until the I-485 is adjudicated......He will not have legal status, but will have authorized stay.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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6 minutes ago, sjfoley1 said:

Thank all  for your responses! The only other thing I am wondering about now, is once we get the paperwork submitted, he technically cannot leave the US or it would be considered abandoning his application, is that correct? What does this mean for the tourist visa he is currently here on, which states he can only be in the country until October 12th?

Correct, he cannot leave the country until he has an approved AP (I-131).

 

Are you referring to his visa being valid until 10/12, or his status being valid until 10/12?

 

Either way, doesn't matter much. While his status is valid, he's here legally. While he has a pending AOS, he's here legally (albeit without a valid status, but with authorized stay). 

 

If his status (the latest stamp in the passport or his I-94) is valid until October 12, he's not deportable. Once he has a pending AOS, he's not deportable. All good on that front. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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One last question - for the instances in the paperwork where we need to include information about my husbands parents - we have everything about his dad but his mother passed away when he was very young and we are not sure how much information we will be able to get about her. Do we still need to include her information in the paperwork?

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13 minutes ago, sjfoley1 said:

One last question - for the instances in the paperwork where we need to include information about my husbands parents - we have everything about his dad but his mother passed away when he was very young and we are not sure how much information we will be able to get about her. Do we still need to include her information in the paperwork?

Absolutely.


“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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