I-130 information inquiry (merged topics)

[debbiedoo 2,339]

10 hours ago, geowrian said:

* Moved from IR-1/CR-1 Progress Reports to AOS From Work, Student, and Tourist visas *

 

Anytime.

You may or may not qualify for in-state or domestic tuition based on the institution and local rules. That's an issue to raise with them.

That.

 

Financial aid and tuition costs may be higher than for a person who has already established residency (typically 6-12 months depending on the school)

[Yassy_07 0]

On 11/26/2019 at 5:16 AM, Tiamartinez said:

I came to the states as a tourist from Canada and my American boyfriend and We ended up getting married. We just filed the adjustment of status papers. I was wondering if I am able to start applying for school before I receive my visa? 

@Tiamartinez Hi, I am from Germany here in USA with a tourist visa, and me and my boyfriend wants to merry too and would like to file the aos, I entered the country in mid of october 19, and a laywer said to us we can merry after 90 days of my arrival and then file aos. I really would appreciate if you could tell more how you did it, and if that is important to wait 90 days? How is your process? I m so thankful for any advice.

[Pole2USHopeful 3]

1 hour ago, Yassy_07 said:

@Tiamartinez Hi, I am from Germany here in USA with a tourist visa, and me and my boyfriend wants to merry too and would like to file the aos, I entered the country in mid of october 19, and a laywer said to us we can merry after 90 days of my arrival and then file aos. I really would appreciate if you could tell more how you did it, and if that is important to wait 90 days? How is your process? I m so thankful for any advice.

Not the user you wanted but the 90 day rule was a "rule of thumb" supposedly used by USCIS while measuring suspicion levels for immigrant intent on non immigrant visas. 

 

The train of thought is that if a person enters the US and within 90 days decides "I'm never going home this is my spouse now", they likely had immigrant intent upon entry. 

 

It's never been a hard rule and it's debatable whether the rule of thumb is still being used, but it's still decent advice. 

[Yassy_07 0]

5 hours ago, Pole2USHopeful said:

Not the user you wanted but the 90 day rule was a "rule of thumb" supposedly used by USCIS while measuring suspicion levels for immigrant intent on non immigrant visas. 

 

The train of thought is that if a person enters the US and within 90 days decides "I'm never going home this is my spouse now", they likely had immigrant intent upon entry. 

 

It's never been a hard rule and it's debatable whether the rule of thumb is still being used, but it's still decent advice. 

Hi, thank you very much for your answer, yes I understand what they want. So if we want to be on the safety side maybe its better to wait 90 days right ?

I have another question about how to submit all the forms, everywhere you can read which forms we need..... I would please like to know do I have to submit all the form and papers together at once or do I have to first send the I-130 and then all the rest? Also the medical form, do I have to send it together with all the other forms? I would say I should submit all papers I-130, I495.... medical, evidence and everything together to them? Or is there a specific way? Thank you

[geowrian 22,335]

There is no 90 day rule for AOS. The so-called rule is a DOS rule...and DOS has no jurisdiction on what DHS (USCIS) does.

An I-485 is adjudicated based upon the validity of the marriage (substantiated via evidence) and any inadmissibilities that may apply. Intent was determined at POE.

 

4 minutes ago, Yassy_07 said:

I have another question about how to submit all the forms, everywhere you can read which forms we need..... I would please like to know do I have to submit all the form and papers together at once or do I have to first send the I-130 and then all the rest? Also the medical form, do I have to send it together with all the other forms? I would say I should submit all papers I-130, I495.... medical, evidence and everything together to them? Or is there a specific way? Thank you

The I-130 + I-485 should be sent together. You can send the I-130 first, but there is 0 benefit in doing so...a solo I-130 has no immigration benefits associated with it. An I-485 grants authorized stay while it is pending, and is a basis for a work permit (EAD) and travel document (AP) - which also can (and should) be filed concurrently as well (there is no extra fee for those).

The I-693 is optional at the time of filing. Some LFOs take over a year or even close to 2 years to adjudicate an I-485. If the medical expires in the meantime, you have to redo it. It's normally suggested to provide the I-693 for the interview to ensure it won't expire. That said, the I-693 - if filed within 60 days - is now valid for 2 years so the likelihood of it expiring mid-way is very low nowadays.

[Yassy_07 0]

2 minutes ago, geowrian said:

There is no 90 day rule for AOS. The so-called rule is a DOS rule...and DOS has no jurisdiction on what DHS (USCIS) does.

An I-485 is adjudicated based upon the validity of the marriage (substantiated via evidence) and any inadmissibilities that may apply. Intent was determined at POE.

 

The I-130 + I-485 should be sent together. You can send the I-130 first, but there is 0 benefit in doing so...a solo I-130 has no immigration benefits associated with it. An I-485 grants authorized stay while it is pending, and is a basis for a work permit (EAD) and travel document (AP) - which also can (and should) be filed concurrently as well (there is no extra fee for those).

The I-693 is optional at the time of filing. Some LFOs take over a year or even close to 2 years to adjudicate an I-485. If the medical expires in the meantime, you have to redo it. It's normally suggested to provide the I-693 for the interview to ensure it won't expire. That said, the I-693 - if filed within 60 days - is now valid for 2 years so the likelihood of it expiring mid-way is very low nowadays.

wow I didnt know that, thank you so much !! That would make sense, that I send all the forms together and the medical form I can bring them in the interview is that right ?

[geowrian 22,335]

4 minutes ago, Yassy_07 said:

wow I didnt know that, thank you so much !! That would make sense, that I send all the forms together and the medical form I can bring them in the interview is that right ?

Correct (note that the I-693 not being required is noted in the I-485 instructions in case you want to verify).

Edited November 28, 2019 by geowrian

[Tiamartinez 0]

So I have been in the states for almost 6 months on a tourist visa. (I am from Canada and they allowed me 6 months). My husband and I got married during that time, and have taken our time filling out the paper work for adjustment of status. We now are just waiting on the doctor to complete my immigration paper work and then we will send it off. However my tourist visa will be expiring beginning of January. So does that mean I would have to leave the country until it was complete ? And does the holidays effect the time in which they receive our application? Also can I send the sealed doctor document in after sending in my AOS? 

Edited December 8, 2019 by Tiamartinez

[LilyJ 1,258]

You should check out the AOS forum: https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

You don't have to leave the country while your AOS completes; the point of filing AOS is that you are staying in the US, and filing AOS allows you to stay past visa expiration while waiting for AOS to be completed. If you left the US while your AOS is pending, you would lose your AOS and would have to start from scratch with a CR1 visa, where you would instead have to go through consular processing in Canada. You wouldn't be allowed to come back to the US to start AOS over again, since you would be entering the US with intent to adjust status, which would be immigration fraud, meaning your only option left would be CR1. So do not leave when your tourist visa expires if your AOS is still pending unless you want to have to start back over again, this time living away from your husband for ~18 months

[HRQX 4,145]

1 hour ago, Tiamartinez said:

does that mean I would have to leave the country until it was complete ?

You can stay while the I-485 is pending. While the I-485 is pending you are in "a period of stay authorized by the Secretary of Homeland Security." Make copies of the I-485 receipt notice and keep a copy with you at all times (as a precaution).

1 hour ago, Tiamartinez said:

We now are just waiting on the doctor to complete my immigration paper work and then we will send it off.

Note that you had the option of doing the civil surgeon medical at a later time: "Applicants may submit the Form I-693 medical examination report to USCIS: Concurrently with the immigration benefit application; or At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report." https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

[Ryan H 3,791]

***Similar topics merged; please ask all questions you have about the AOS process in this thread instead of starting new threads for each new question.***