MrsIslandGIrl

Hi,

I know this post was about 2 years ago. Just wanted to let you know, I appreciate the tip. I just got an appointment letter in the mail today for biometrics at Cranston, RI. None of my IDs carry my husband's last name, thanks for the heads-up. Definitely won't forget our marriage certificate.

Run away from that lawyer as fast as you can, he does not know immigration law.

You are fine to AOS. Follow the guide in the menu above.

Oh, that doesn't sound like even a barely competent lawyer. Doesn't sound like he knows immigration at all.

I concur... Your circumstances changed after your arrived. If his orders had remained the same, you would have left according to your visa stipulations...but given the situation, you should not have issues AOSing... And drop that lawyer ASAP ! Congratulations

You can do AOS that is exactly what it is for.

Lawyers really annoy me they give out such wrong information.

My husband adjusted status from a tourist visa he did not intend to marry me when he arrived....I convinced him at the end of 3 months that he should marry me....that was 4 years ago!

I agree with everyone here. You should be fine to AOS. Some of these lawyers make way too much money for the terrible job they do.

Good Luck.

Hi again everyone,

The husband finally got to talk to another lawyer. His current professor used to be an immigration lawyer. After The Hubb told him our situation, he said that it was a very simple one. In fact, he said if we hired him he wouldn't even charge us for it -- for the reason that it was simple -- and there wouldn't be much work involved.

I'm just glad there are still decent lawyers out there.

Also with him being in the navy application should process fast good luck

Yep!

I agree! You should be just fine!

I'd send a copy of the orders of your husband (if you have them in paper) with your AOS as a proof that your situation changed and it was out of your control. Just to be safe.

But I don't think that you are going to have any problem. Specially being married to someone in the military. O=D

Good luck!

Thank for the tip Paula&Anthony, re: copy of orders.

You know, I've read that military members have no preference in this process but I am still harboring hopes of them considering that in reviewing our case.

You can do AOS that is exactly what it is for.

Lawyers really annoy me they give out such wrong information.

My husband adjusted status from a tourist visa he did not intend to marry me when he arrived....I convinced him at the end of 3 months that he should marry me....that was 4 years ago!

Did you and your husband know each other when he came to the US with his tourist visa? Or it doesn't really matter?

I agree with everyone here. You should be fine to AOS. Some of these lawyers make way too much money for the terrible job they do.

Good Luck.

They should at least research before they give us an answer! This lawyer called us back in an hour after I sent him the email containing our circumstance and sure, sure... he must have enough brain/manpower to look up everything in that span of time but the answer he gave me was so general. Immigration law is dynamic and there are always exceptions to the general rule. I felt like he didn't dig deep enough. It was just the safest answer. (Maybe he isn't a risky lawyer?)

Then again, I also felt like I just didn't want to accept his answer because it wasn't what I wanted to hear. Hahaha.

No.

I'm going to qualify that with - we haven't seen one person asked to prove non-intent on this forum since I've been on here (2009, about) so I don't see why they should start with you. Also, if they can't use it as a reason to deny, what would be the point?

I sure hope not! Hahahaha. And I also hope the person who is going to process our petition/adjustment is knowledgeable of the Cavazos case.

Wow... the relief I am feeling right now... just a weight off my back. Finally, concurring answers -- from different people on all walks of life.

Thank you, thank you, everyone.

ETA: Are they going to ask us to prove that I had no intent to stay?

Lawyer is totally wrong, the second one today. It's making me annoyed.

AOS exists for these sorts of reasons, your circumstances changed after you entered the US and it would be overly bureaucratic to force you to go home just to come back. The US law understands this and has made exceptions for it.

I keep reading about this 'pre-conceived intent to stay'. So I'm worried they're going to question us about that. Especially since we were already married when we came here.

Did he say why it would be denied? You case looks like a straightforward AOS to me.

Me, too.

ValerieA, he said that since I'm on a tourist visa, I need to comply with the conditions imposed on it -- not stay in the country beyond 6 months.

Yes, go ahead. Is your husband back in the US now?

Yes, he is. Still going through with the schooling.

I've been reading posts on here that are a tad similar to our situation. But yesterday, my husband finally talked to a Navy lawyer at his school and patched us through an immigration lawyer and the latter lawyer said to go back home and do the application that way. He said our petition + AoS will definitely be denied. Opposite to what I've been reading here from experts and people's feedback who have talked to other immigration lawyers.

Here are the pertinent facts surrounding my circumstance:

My US visa was issued in 2008; under 'Visa Type/Class' it says: "R B1/B2". Used my visa a few months after it was approved. Then returned back to home country. After a few years, I met my then boyfriend (now husband), and in 2011 we got married in the US -- still on my tourist visa. Then I went back to home country, again. My husband is in the Navy and he was stationed in Japan. I went back home to my country to process a tourist visa for Japan. We lived there from May 2011 until Apr. 27th this year. I flew to US by myself. At the airport, the customs officer asked questions;

a. What is the purpose of your visit?

To visit family and friends.

b. How is it you have family in the US?

I'm visiting my husband's family.

c. Where is your husband?
He is still in Japan, he's in the Navy and is stationed there.

d. Do you have any identification to confirm that fact?

*I proceeded to show him my military ID*

*He then let me through.*

My husband's orders here were to go to school for 6 months; on the 2nd month, their class got assigned orders and my husband is to be stationed in Connecticut in the next 4 years.

Being on a tourist visa, I'm only allowed to stay here for 6 months. My I-94 doesn't say/have any date on it, just a stamp and the officer's handwriting saying, "B2". I do know I need to leave before Oct. 27th.

Would it be advisable to file an adjustment of status (concurrent with an I-130) while I'm here on a non-immigrant visa?

Please put your two cents in. Any advise will be appreciated.

Thank you.

Sachinky has it right; you need both the I-130 and I-485, along with their requisite fees. The 129-f is specific to a K visa, which you did not get.

1. You will not likely be able to bypass the interview; the only people I know of who have been able to came in on a K visa. If you are AOSing from any other type, an interview is required.

2. It is preferable to send the forms off together, in one package. If you can not afford to send both, you can send the I-130 first. Do NOT send the I-485 until you have received APPROVAL of the I-130 or it will gum up the works. Sending them separately will slow down the process.

3. Use the checklist in the AOS guide. When you believe you have everything together, post a list in the AOS from work, student, and tourist visas forum. We will be happy to review it for you. One note of caution - I did notice that sometimes the guide in here listed a notarized copy as a requirement, when it isn't on the actual USCIS form (just a regular copy will do). I believe that the marriage certificate for the I-485 was one of these incidents. I can't find where I wrote it down; I think I posted a topic on it in Site Discussion and I will look for the link for you. However, having said all that, there can be no harm in sending a notarized copy, it is just a bit more expensive and time-consuming.

4. I used my married name on my AOS forms, although my passport was in my maiden name. This is to prevent paying an additional fee in the future to get a new green card with my married name on it. There have been no issues with it, the marriage certificate provides proof of the bridge between your maiden and married names.

5. I don't know if she has overstayed, but in her situation, I would advise not even going for the AP (advanced parole) and she must stay in the US during the entire process - right until she gets the green card. I just feel it is safer this way.

Good luck, and don't worry about the intent thing. I still have conniptions over mine, because I was married before I came to the US and decided to stay (and I was in the CR-1/K-3 process). I will find out in a few weeks if it is an issue, but I have been reassured over and over that it shouldn't even come up.

Let me just say, thank you for this very detailed, well-written information.

I would really like to know whether to put my wifes Colombia address or the address in the USA where I am domiciled.....She is here on a B2 so I guess my address is not really her address unless she is approved. I think I will give my wife's address in Colombia then put the (in care of) my address in USA.

I think on the I-130 you should put your address in the Phillipines, just my opinion

On the I-485 you can put the (in care of). Hopefully someone on this forum with experience will help us.

Tradewind,

I think I found the answers to most of my questions on here: http://www.visajourney.com/content/examples. I just looked up the pertinent forms for me -- I-130 and I-485. Hope that helps.

Good questions, I too am waiting for an answers to these questions . Tourist visa should be for 6 months. When you file the I-485, I am led to believe you can stay over the 6 months until process is completed.

Re: tourist visa

That's what I thought too, Tradewind. So I am going to go ahead and write down the date 6 months after the date stamped on my I-94.

Hi Everyone,

I am currently filling up forms I-485 and I-130. It is mostly done except for a few lines that I need clarified.

First, here are the pertinent facts to my circumstance, a brief history. My US visa was issued in 2008; under 'Visa Type/Class' it says: "R B1/B2". Used my visa a few months after it was approved. Then returned back to home country. After a few years, I met my then boyfriend (now husband), and in 2011 we got married in the US -- still on my tourist visa. Then I went back to home country, again. Now we are back in the US for good, in the next 4 years (we are in the Navy and will be stationed here).

My questions are:

On form I-130 --

under letter C., #2, what address should I put in? My address in home country or the address I have in the US?

under letter C., #9, it asks for SSN, of course I don't have one but I was able to procure an ITIN. Should I put "n/a" or the ITIN that was given to me?
under letter C., #14, the blocks provided for 'Arrival/Departure Record (I-94)' does not match the form I was given by the Immigration, how should I fill it up? Also, my I-94 does not have an expiration date; it is stamped the date I was admitted entry and the Immigration Officer scribbled B2. Is it okay to just put in the date my visit is supposed to expire as per my visa type?

On form I-485 --

under part I, still wondering what address to put in -- the US one or home country?

what should my 'Current USCIS Status' be?

Thanks for taking the time to read this. And thanks ahead to anyone who addresses the questions posted.