PA_Couple

On 12/29/2020 at 11:43 PM, Ed&Midori1031 said:

I always trusted turbotax.  They helped me with my foreign spouse.  

You used their live advisor feature?  Do all your inquiries get handled by the same advisor?

7 minutes ago, Angine said:

He is indeed an US citizen, but like I mentioned before on my previous reply, I have to go back to get a gallbladder surgery done, cause here I won't be able to get lt done soon and it's waaay to expensive. Worry about what the officer may ask for the time I stayed here. By the time I travel I would have had 5 months here. 

Has your I-94 date of exit already passed? If the time they gave you is the typical 6 months of allowed stay you should be ok. 

3 minutes ago, Angine said:

Thank you so much for taking the time to reply my post. Now, I have gallbladder issues and many other things that I need to take care of so my fiancé and I agreed on me going back to my country so I can get a surgery done there and many other medical procedures, since here I'm not able to visit any doctors and besides to get my gallbladder removed I'll have to be in an one year waiting list and also pay over 8,000 USD with insurance. Imagine that! We are planning to then start with the K1 visa from my country. 

Good to read. From your original post I read it as if you had been married already for 4 months. Good luck with your gallbladder issues, I also have been debating for some time if I should remove mine or not. 😖  For the K1 the advise would be to also file early as it takes a good time for it to be approved (6-9 months but COVID is rendering all times to be longer). You would still have 6 months after the K-1 is issued to come and marry. So time it carefully if you want to limit how long you are apart. 

13 minutes ago, PA_Couple said:

Only advice is that you have lost some precious time by waiting so long after the marriage to start looking into the process given your tourist visa status. From my understanding you have to file the Adjustment of Status before the exit date of your I-94 tourist stay in order to remain  lawfully present in the US. If your spouse is a US Citizen it should be a problem for your AOS approval if you file past the I-94 expiration, but still puts you at risk in the rare case you get in trouble with the law or ICE, complicating your situation more. Also can cause trouble if you need to travel given the overstay.  The marriage itself does not grant you the right to stay in US. File as early as possible so your stay is authorized while you wait for it to be processed.  

My bolded line above meant to say "If your spouse is a US Citizen it should NOT be a problem for your AOS approval if you file past the I-94 expiration"

Only advice is that you have lost some precious time by waiting so long after the marriage to start looking into the process given your tourist visa status. From my understanding you have to file the Adjustment of Status before the exit date of your I-94 tourist stay in order to remain  lawfully present in the US. If your spouse is a US Citizen it should be a problem for your AOS approval if you file past the I-94 expiration, but still puts you at risk in the rare case you get in trouble with the law or ICE, complicating your situation more. Also can cause trouble if you need to travel given the overstay.  The marriage itself does not grant you the right to stay in US. File as early as possible so your stay is authorized while you wait for it to be processed.  

A close friend got his EAD and AP combo card issued last week WITHOUT the biometrics, for his AOS from an I-140. Filed late May/Early June. The section of the card where the fingerprint would be shown just has a note "Fingerprint Not Available" or something similar. He now just got an appointment to take the biometrics in December. 

We filed for my wife's AOS from I-130 at the end of June with NOA1 of early July. No biometrics appointment yet. Hoping we get lucky too and get the EAD soon while the Biometrics backlog resolves.