Crazy Cat

9 months? I would file for Adjustment of Status today!!!!! He is out of status and he is subject to deportation right now. There are never any benefits in waiting to file an I-485. Borrow the money....My advice is to get that I-485 filed asap. Life is full of choices...and consequences. Note: An I-130 is not needed since you married within 90 days of arrival via a K-1.

I would assume they are not linked for interview dates.

Pull the I-130 immediately.....immediately. You have nothing to gain by waiting, imo.

OK. Good luck. I hope you can find happiness for yourself.

He has several more years to wait for a visa number to become available. Additionally, Adjustment of Status is not available to him. F1 category applicants with priority date of 22 November 2015 are just now becoming current.

I see now that I can offer no help in your situation. You continue to let her chip away at your common sense. You should have had her served yesterday. You are being manipulated. I wish you well, but I can offer no more help.

Immediately contact NVC and the consulate to request they be interviewed together.

I didn't redact anything. Walmart purchases would show sharing finances for normal household expenses.

One of them has a transposed date. Which one is it? That is why I worded my answer like I did.

If she did an Adjustment of Status, she became a LPR on the date her Adjustment of Status was approved. If she entered the US via spousal visa, she became an LPR on the day she entered the US. Normally, it would be the date listed on the 2 year Green card.

There is no need to wait. In fact, waiting until you are out of status would be a big mistake. However, consider the following: Your I-130 is probably on the verge of being approved. Then, it will, likely, be only a few months until your interview (depending on home country). You would then enter the US as a Green card holder. If you change to Adjustment of Status now, you cannot leave the US or work for 3-6 months. In addition, you won't become a Green Card holder for at least a year after that.

**Topic moved to Adjustment of Status from Work, Student, and Tourist Visas***

***Duplicate topics merged. Do not repost***

Yes, you're right. Emergency I-131 travel is worth a shot. Thanks for reminding me.

If you have actually been out of status for more than 6 months you will incur a 3-year ban upon leaving the US right now....assuming you do not have an approved advance parole document. If you leave after being out of status for a year, the ban jumps to 10 years. If you leave now, then file for a spousal visa, your interview would be in a couple years +- a few months. At the interview, the CO could tell you a waiver is available...adding another year to the process. You could file a proper I-485 and I-131 now. You could have an approved Advance Parole documents within 6 months.

Here is a good article (although a few years old) which explains that entering the US as a visitor with intent to stay is fraud: Can I enter on a visitor’s visa (B-2) and then adjust status to permanent resident? – Sound Immigration

Options: 1. Legally marry somewhere. File an I-130 to start the spousal visa process. Your then spouse could visit the US (at the discretion of CBP) during the process, but cannot live in the US until the process is finished. 2. File an I-129f to start the fiance visa process. Your fiance could visit the US (at the discretion of CBP) during the process, but cannot live in the US until the process is finished. Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises.

I would immediately fire that attorney. What she is advising is outright visa fraud. A person cannot enter the US as a visitor with the intent to stay and adjust status. Rethink your plan. In addition, it is a violation of the terms of service of this web site to condone or instruct anyone to engage in illegal immigration activity.

I assume you have compared all options...such as marriage and a spousal visa?

I would answer "no". They are not immigrating as part of your case as derivatives. However, you need to contact NVC and the consulate to ask that you all be interviewed together.

Correct. Police Reports from the US are NOT required.

***Non-contributory comment removed*** @Niki89 It is a violation of the VJ terms of service to inhibit any other member from posting. THIS IS A WARNING****

***Original comment edited by VJ Moderation to removed personal information. Topic moved to the Waivers forum***

Everyone is free to post...and everyone is free to ignore any advice given....unless it is from a moderator advising against violations of the TOS. Edited for clarity.

Your "fee" will be even more if filing on paper. You can another $10 (at least) for mailing cost....and you have to worry about delivery.