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Zara85

130 Form for marriage questions

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Filed: Other Country: Russia
Timeline

Hello everyone,

I am on B1 visa in the USA. My spouse has a green card. We got married in December. We are about to file the 130 form but we wonder if we are going to file the 485 along with the 130?

To note that my husband is a green card holder

2nd question

How long does it take to approve 130 form?

3rd question

 For evidence of 130 form, we have the lease agreement, joint financial account, lots of picture at other places, marriage certificate, 3 affidavit letters, etc. Are those enough or we need more evidence ?

 

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~Topic moved to bringing family members of LPRs. Do not post topic more than once. Other duplicate topics have been deleted. ~


ROC 2009
Naturalization 2010

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When did you enter/when does your authorized stay expire? 
You can file i485 concurrently as visa numbers are currently immediately available for F2A. 

Remember that for spouse of a green card holder there is no forgiveness for overstay, or for unauthorized work, and intent on entry may be re-examined at your AOS interview (see section 3 here https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 for discussion of the guidance uscis uses even while acknowledging the 90 day rule is not “binding”). 
You are aware of the limitations on work and travel/need for EAD/AP and processing time for those?

Edited by SusieQQQ

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Filed: AOS (apr) Country: New Zealand
Timeline
32 minutes ago, SusieQQQ said:

When did you enter/when does your authorized stay expire? 
You can file i485 concurrently as visa numbers are currently immediately available for F2A. 

Remember that for spouse of a green card holder there is no forgiveness for overstay, or for unauthorized work, and intent on entry may be re-examined at your AOS interview (see section 3 here https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 for discussion of the guidance uscis uses even while acknowledging the 90 day rule is not “binding”). 
You are aware of the limitations on work and travel/need for EAD/AP and processing time for those?

So spouse of green card holder can AOS from B visa without need for F2A?  Or do they apply for a change of visa type?

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Filed: Citizen (apr) Country: Hungary
Timeline
6 minutes ago, Jorgedig said:

So spouse of green card holder can AOS from B visa without need for F2A?  Or do they apply for a change of visa type?

It is in F2A category that they are applying for AOS....


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!

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Filed: Citizen (apr) Country: Hungary
Timeline
54 minutes ago, Jorgedig said:

OP says they're here in the US on a B visa....

Yes. They will not be the first or the last who file for AOS while in the US on tourist status.

As long as it was not pre-planned, there is nothing illegal about it.

Edited by EM_Vandaveer

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!

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58 minutes ago, Jorgedig said:

OP says they're here in the US on a B visa....

Yes, and will be adjusting status via category F2A. Because F2A is current, visa numbers are immediately available so OP can file i130 and i485 concurrently. Normally this kind of AOS would not be possible because normally there is a cut off priority date for F2A. None of that is the concern. The concern arises from what OP told CBP on entry, and how long after entry she got married. If there was intent to stay and adjust and intentions were misrepresented on entry, and it is discovered, of course her AOS will be denied and she will likely face a bar. Any violation of status (such as working before getting an EAD) will also result in denial of AOS.

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9 minutes ago, EM_Vandaveer said:

Yes. They will not be the first or the last who file for AOS while in the US on tourist status.

As long as it was not pre-planned, there is nothing illegal about it.

But because there is no forgiveness as there is with spouse of USC, OP can probably expect scrutiny of intent during the AOS interview. 

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