jkjoshua19

Hi,

1. You absolutely can file whenever you like. This is the way I would do it so that you and your husband are not separated. File the I-130 and I-485 along with EAD/AP to adjust your status for a green card. It will take about 90 days to get the EAD/AP. With the EAD/AP card, you can leave the US and return. Even if you overstay on your visitor visa, you can still adjust and get AP. Do not worry about immigrant intent since USCIS can not deny the AOS of a spouse of a US citizen (Google Matter of Batista and Matter of Cavazos). Use AP to go home to wrap up your affairs.

2. No. If you apply for AOS, you are not applying an immigrant visa. If your husband only files the I-130 and goses the consular route, then you would need an immigrant visa. There is no way you will be granted an immigrant visa while in the US because you would need to interview in your home country. Immigrant visas are valid for up to 6 months or when the medical expires; whichever is first.

Best of luck.

Hi! Thank you for your response.

Someone told me that we should do this 90 days after I've entered the U.S. so as to avoid any problems. Is this correct? My dilemma is I need to be back in the Philippines by mid-January for something school-related. So if I wait three months before we file for the adjustment of status, I might not have enough time since it might take up to 4 months right?

Sorry if my response is a bit confusing. Please let me know if you need me to clarify.

Again, thank you for your help! ?

Thank you!

Yes I entered using a tourist visa that I've had for some time now. I was granted a 10 year visa a few years back when I was still single.

We have no intention of getting a green card while i'm in the US. Was just worried that filing the i130 while i am here might be prohibited or frowned upon.

Thanks for clarifying!

I suppose you came to US on tourist visa for your vacation. Did you mention that you were married to a US citizen while applying for tourist visa?

1. Yes you are allowed to start the petition process while you are in the US. If your husband files for i130 and checks consular processing, then you will not have any issues coz you will be going back to your country and lateron apply for immigrant visa from your country after i130 is approved. But if your guys file AOS along with i-130, you might run into problem and they might deny it later on since it shows your intent was not the vacation but the immigration. In other words, you presence in US as a visitor will risk your petition to get green card while in the US.

2. You will not be granted an immigrant visa while you are in US. If they approve your AOS while you are in US, they you will be given a green card.

If you choose for consulate processing and get immigrant visa later on in your country, you will be given a date by which you should have entered US. I believe that is somewhat 6 months after getting immigrant visa.

Hi

My husband (American) and I (Filipina) got married recently in the Philippines. I am currently on vacation in the U.S. and will be coming back to the Philippines on January, 2016. I have two questions that I hope someone can help me with:

1. Are we allowed to start the petition process while I am in the U.S.? We were just wondering if we can file the petition already by October so that we can save some time. We just want to make sure that my presence here in the U.S. will not adversely affect the petition.

2. If and when I am granted an immigrant visa, do I have to leave for the U.S. right away? Is there a maximum period given to me to wind up my affairs in my home country before leaving for the U.S.?

Thank you for taking the time to answer my questions. We really need help as we are unsure of what to do.