john_and_marlene

AOS timing depends completely on the local service center.

There's no reason to worry -- it won't change the results.

Sometimes you just have to set priorities and act accordingly. If I can assume that the AOS is your current top priority as it should be, then make choices that ensure it is not jeopardized. Stay home and visit your families another time -- after the interview you won't have the same risk. It would be nice if life allowed us to do everything we wanted without jeopardizing our future, but that's not reality.

He'll teach me to drive if I asked without putting a price tag on it.

My wife asked me why I paid for driving school rather than just teaching her myself. I told her that I didn't want to teach her because I loved her--let the driving instructor deal with the stress and we could just stay happy with each other.

For those concerned about intent: Even if there was intent to immigrate, it has already been ruled that the immediate relationship to a U.S. citizen is so overwhelmingly a positive factor that prior intent does not outweigh the immediate family relationship if it is the only negative factor.

It appears that some of the replies here are based on ignorance (ignorance simply meaning without knowledge). If you hear often that a spouse will not be denied adjustment for overstay, it would be a mistake to conclude that this ruling is only for spouses. The ruling is for immediate family members of U.S. citizens. All spouses are immediate family members, but not all immediate family members are spouses.

Not for that reason

He can file I-130 for a spouse as a permanent resident now. If he becomes a citizen before the priority date becomes current, then he can update the petition getting an immediate current priority date based on his new status.

No, he needs to become a US Citizen before even thinking of petitions.

LPR can petition for their spouse.

No, he needs to become a US Citizen before even thinking of petitions.

F2A category

It's the result of an annulment..

Then no divorce occurred so you can't answer divorced. The only other choice that can apply is single.

Is this recognition in the Philippines of a foreign divorce or the result of an annullment?

You are tied to the USCIS and US consulate timelines for getting an IR-1 visa. Your desire for expediency will not alter their schedules. You may want to start planning for a longer timeline.

If you don't plan to reside in the U.S. after the marriage, you shouldn't apply for permanent resident status. Get married and leave for your next destination before your I-94 expires (90 days if you enter as K-1). If you want to stay longer, but not reside here, you'll need to use a different entry status with a longer authorized stay. Apply for permanent residence (green card) in the future if you decide at some point to reside in the U.S.

At their age and with a home and grandchildren there, their chances are very good for getting a visa.

Delivery service fee to get the passport/visa.

I guess I should have much clearer in my earlier question. In a situation the marriage isnt working out, I left the country after filing for my AOS. Will my two months plus stay be considered overstay if I attempt to return to the US in the future?

It depends since you married after the 90 days..

If you filed for AOS without an I-130 to base it on, the application is invalid and the entire 2 months will be overstay.

If you filed with the I-130, only the time between the expiration of your I-94 and receipt date on the NOA will count as overstay.

This is a DIY site. The people here don't feel the need to use services like those or even using a lawyer. You can do it yourself. There are a lot of people here who could and would help with your journey. Plus, its an added expense on your part.

I too am very busy. Juggling multiple tasks in work and taking care of twins right after. Allocate 1 to 2 hours a day or maybe even during the weekends to process and gather your requirements. Time management, patience and proper planning will make this process go smoothly as possible for you guys.

Good luck and all the best!

This is not purely a DIY site and not everyone here feels the same as you regarding using services and/or lawyers. It's up to each individual to determine what they are comfortable with and how to manage their own time.

I put down a deposit last year on my next car to get a place in line for when they finally start producing them--hopefully by the middle of next year.

Good morning everyone, I have begun filling the forms as you accordingly with your advises but I am confused as to what box to check on the I-485 from, the part 2 (Application Type) - "I am applying for an adjustment to permanent resident status because:", I do not know what option to tick since I am currently out of status with my K-1 visa expired. I'll type down here, the available options below for you to advise me which you think would be the appropriate box to check since I didnt marry within the 90 days. These questions might sound silly to an experienced person but you should forgive my lack of experience with the technicalities of bureaucracy.

I am applying for an adjustment of to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with application that will give you an immediately available visa number, if approved.)

b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa categrory that allows derivative status for spouses and children.

c. I entered as a K-1 fiance of a U.S citizen whom I married within 90 days of entry, or I am the K-2 child of such fiance. (Attach a copy of the fiance petition approval notice and the marriage certificate.

d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

e. I am a native or citizen of Cuba admitted or paroled into the United States after January q, 1959, and thereafter have been physically present in the United State for at least 1 year.

g. I am the husband, wife, or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admitted or paroled into the United States after January 1, 1972.

h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated and I been physically present in the United States for 1 year after admission). If additional space is needed, see Page 3 of the instructions.

Thanks for your help as usual,

Mr. Grateful heart

The I-130 you will file with the application will be approved simultaneously with the I-485, giving you an immediately available visa number.

Be aware that if you choose to marry and become a US citizen, you will be required to file US taxes on income and assets for the rest of your life--no matter where you reside.

Then she will no longer be a U.S. resident. She will no longer qualify for a green card.

She should have an I-551 stamp in her passport. That serves as a temporary green card until the actual card arrives. If she has the stamp, there is no problem returning to the U.S. following a short trip. You aren't clear if she wants to go back to Brazil for a vacation or to reside. If she plans to return to Brazil to reside, she may forfeit her U.S. residence.

There are considerations beyond just earned income for US citizens residing abroad. You will have to divulge all foreign assets. If you ever sell foreign real estate, such as a home, you will owe US tax. If you have foreign investment income, you will owe US tax. If you have a foreign bank account, you may owe US tax. The rules for US expats are becoming increasingly difficult to accurately and safely file all the correct forms and stay out of trouble. If you own US mutual funds, you may find that new contributions and reinvestment of dividends may be restricted. If you make a mistake, you may be subject to ridiculous fines or even criminal prosecution.

I guess he would still need to file an I-130

Adjustment of status is not an application by the US citizen. She has the responsibility of filing to adjust her status.

Yes there is a form that she can file--I-485.