Info about AOS

[Vianca 5]

Hello all,

 

Asking for a friend- has a tourist visa. Entered and was not given a exit date. Her husband is a resident here in the United States they share a son. They want to adjust status for her and her son.

 

From my knowledge and from past experiences I have seen it can be possible. But her question is does she have to file for her son both a petition and AOS or does the son ? Because he's under age would they need to file two petitions or can it be filed concurrently ? 

[SusieQQQ 11,584]

What do you mean she was not given an exit date? Of course she was given a max time to stay. When did she enter?

 

Is her husband a citizen or LPR? It makes a difference as to whether she can adjust and whether one or two i130s need to be filed.

[Vianca 5]

7 minutes ago, SusieQQQ said:

What do you mean she was not given an exit date? Of course she was given a max time to stay. When did she enter?

 

Is her husband a citizen or LPR? It makes a difference as to whether she can adjust and whether one or two i130s need to be filed.

She states that typically she gets a stamp she arrived about 3 weeks ago. But states she didn't get a max time , maybe she's missing something as in not seeing where it was stamped. 

 

I believe he is a LPR....what would be the case say citizen vs LPR. She wants to know so she can calulate the fee because the fee calulator doesn't help

[SusieQQQ 11,584]

18 minutes ago, Vianca said:

She states that typically she gets a stamp she arrived about 3 weeks ago. But states she didn't get a max time , maybe she's missing something as in not seeing where it was stamped. 

 

I believe he is a LPR....what would be the case say citizen vs LPR. She wants to know so she can calulate the fee because the fee calulator doesn't help

They don’t always stamp passports anymore. She can look up her I94 online..
 

Hm, she needs to understand they are less forgiving /more critical of LPR spouses than for USCs. They don’t have to apply the 90 day rule ...but they can, and have done in the past. Her son can be a derivative on her I130 if it is F2A. Anything at all that she does inconsistent with a tourist status (working for example) puts her out of status and makes her ineligible to adjust, this is a significant difference vs spouse of USC. Does she realize she will be in limbo for probably at least 6 months unable to work or travel out the US until she gets EAD/AP? Have they looked at the i944? 
 

(And yes, one more case that makes it harder for people from her home country to get tourist visas.)

[Vianca 5]

4 minutes ago, SusieQQQ said:

They don’t always stamp passports anymore. She can look up her I94 online..
 

Hm, she needs to understand they are less forgiving /more critical of LPR spouses than for USCs. They don’t have to apply the 90 day rule ...but they can, and have done in the past. Her son can be a derivative on her I130 if it is F2A. Anything at all that she does inconsistent with a tourist status (working for example) puts her out of status and makes her ineligible to adjust, this is a significant difference vs spouse of USC. Does she realize she will be in limbo for probably at least 6 months unable to work or travel out the US until she gets EAD/AP? Have they looked at the i944? 
 

(And yes, one more case that makes it harder for people from her home country to get tourist visas.)

Yes , I shared that info with her ESP with being in limbo basically. They stated they were aware of it but because of covid they were scared to be sperated because of their son and the chances or a long time period being apart and they have weigh out there options they aren't sure just yet which way to lean. 

 

They just wanted to know the actual fees the process I explained because of what is going on immigration in is taking way longer then usual. 

 

( Yes totally don't agree with trying to adjust via a tourist visa because it definitely makes it harder on other people in there home country , but I guess they are desperate as her husband fears are at a all time high) I am just trying to get them the best information possible so they can know what route to take as well what the time frame can be and the risk of being in limbo and basically a couch potato. 

[Vianca 5]

1 minute ago, Vianca said:

Yes , I shared that info with her ESP with being in limbo basically. They stated they were aware of it but because of covid they were scared to be sperated because of their son and the chances or a long time period being apart and they have weigh out there options they aren't sure just yet which way to lean. 

 

They just wanted to know the actual fees the process I explained because of what is going on immigration in is taking way longer then usual. 

 

( Yes totally don't agree with trying to adjust via a tourist visa because it definitely makes it harder on other people in there home country , but I guess they are desperate as her husband fears are at a all time high) I am just trying to get them the best information possible so they can know what route to take as well what the time frame can be and the risk of being in limbo and basically a couch potato. 

Your did awesome because that is def what check came out too....it was around 310ish for four days. She is getting paid weekly. But when she started she entered in the week others were getting paid , so they just paid her our for four days. That might explain it as you said I was thinking the same that because it was such a low amount could have been because of that. Because her HR person stated that everything was legit and they didn't see any errors and that was my fear there would have been error or that we would owe or that they should be taking a huge chunk out and what she actually would bring home would be super less then what she's working for and that would break my heart because she working so hard and excited for her first job in America and just over all even coming from her country where jobs aren't like here on the US. 

 

Thank you again to you all it's helping relieve my stress and fear as I was suffering from anexity riddled with fear something could be wrong 

[SusieQQQ 11,584]

5 minutes ago, Vianca said:

Yes , I shared that info with her ESP with being in limbo basically. They stated they were aware of it but because of covid they were scared to be sperated because of their son and the chances or a long time period being apart and they have weigh out there options they aren't sure just yet which way to lean. 

 

They just wanted to know the actual fees the process I explained because of what is going on immigration in is taking way longer then usual. 

 

( Yes totally don't agree with trying to adjust via a tourist visa because it definitely makes it harder on other people in there home country , but I guess they are desperate as her husband fears are at a all time high) I am just trying to get them the best information possible so they can know what route to take as well what the time frame can be and the risk of being in limbo and basically a couch potato. 

Well, I hope she didn’t lie outright to cbp officer on entry about her intentions, we saw a denial reported a few months back at AOS interview for doing that.  I hope the husband is earning a decent salary and can easily pay for their healthcare, because beyond being a couch potato the actual concern is public charge. 

[SusieQQQ 11,584]

2 minutes ago, Vianca said:

Your did awesome because that is def what check came out too....it was around 310ish for four days. She is getting paid weekly. But when she started she entered in the week others were getting paid , so they just paid her our for four days. That might explain it as you said I was thinking the same that because it was such a low amount could have been because of that. Because her HR person stated that everything was legit and they didn't see any errors and that was my fear there would have been error or that we would owe or that they should be taking a huge chunk out and what she actually would bring home would be super less then what she's working for and that would break my heart because she working so hard and excited for her first job in America and just over all even coming from her country where jobs aren't like here on the US. 

 

Thank you again to you all it's helping relieve my stress and fear as I was suffering from anexity riddled with fear something could be wrong 

I hope this is not the same friend you are talking about, because if she’s working (if she has even worked for one day) she is ineligible to adjust status.

[Vianca 5]

No no , she didn't lie to the CBP again this is just discussion because they are scared with the faith of covid what will happen with there family. No she doesn't work and hasn't work again she hasn't been here long. He makes a decent amount to maintain his family. Again they are just worried about there family being sperated for long period of time especially because it seems her country is about to close there borders again so basically she will be stuck....

 

They are just confused how it would work because she has a son that is her husband's child. And she can't seem to calulate the fee correctly where it's making sense. She knows the petition is 535 and the adjustment around 1400 ish with 85 of the biometrics but she doesn't know about her son because she's unsure if her husband can just outright claim him and there is like a waiver or because he was born outside the US have to file petition and adjustment for the both of them which would bring the fees up to a significant amount. 

[SusieQQQ 11,584]

30 minutes ago, Vianca said:

No no , she didn't lie to the CBP again this is just discussion because they are scared with the faith of covid what will happen with there family. No she doesn't work and hasn't work again she hasn't been here long. He makes a decent amount to maintain his family. Again they are just worried about there family being sperated for long period of time especially because it seems her country is about to close there borders again so basically she will be stuck....

 

They are just confused how it would work because she has a son that is her husband's child. And she can't seem to calulate the fee correctly where it's making sense. She knows the petition is 535 and the adjustment around 1400 ish with 85 of the biometrics but she doesn't know about her son because she's unsure if her husband can just outright claim him and there is like a waiver or because he was born outside the US have to file petition and adjustment for the both of them which would bring the fees up to a significant amount. 

No, he can’t just “outright claim him”. If the child had returned with his LPR father on the latter’s first trip back to the US after the birth and before the child was 2, or if the child was born after dad got his immigrant visa and accompanied him on his trip to enter on that, then the child would have automatically been processed as a LPR on entry; but under the current circumstances he has to file for him. But if he’s earning good money then the cost of an extra i485 fee shouldn’t be a hassle? 
 

and yeah yeah, this forum is full of people who’ve been separated from their loved ones for a long time while doing things right.  Not me luckily as we had a different route but many people here have done spouse visas.

Edited July 21, 2020 by SusieQQQ

[millefleur 5,038]

**Moved from Tourist Visas to AOS from Work, Student, & Tourist Visas**

[Vianca 5]

15 minutes ago, millefleur said:

**Moved from Tourist Visas to AOS from Work, Student, & Tourist Visas**

Thank you they are getting more of a better scope understanding all the processes with immigration.