130 Form for marriage questions

[Zara85 0]

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 ?

 

[milimelo 4,196]

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

[SusieQQQ 11,584]

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 February 2, 2020 by SusieQQQ

[SalishSea 16,770]

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?

[EM_Vandaveer 2,369]

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....

[SalishSea 16,770]

Just now, EM_Vandaveer said:

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

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

[EM_Vandaveer 2,369]

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 February 2, 2020 by EM_Vandaveer

[SusieQQQ 11,584]

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.

[SusieQQQ 11,584]

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.