heckled

Thanks for posting, that was really helpful and encouraging to me, as I am also adjusting from a visitor's visa (or actually VWP, also no intention to immigrate when I arrived - it really was just intended to be a visit). May I ask if you had an issues at all with travelling on the AP? I have AP and would love to go to my home country with my husband for Christmas - hopefully I will have GC by then, but if not, I am thinking of going on the AP. I know it is not advised if you are doing AOS from visitor status, so I would be interested to hear more from someone who has done it successfully.

Guys,

There were no any problems for us travelling using AP. It just took a little longer at an immigration officer's window officer needed to do more writting on the forms and passport. Asked a question "based on what we are doing AOS" (the answer is marriage of course). Also, asked us did we get married in US and when visa was obtained. in our case we married overseas first and then my wife got visitors visa which used to come to US 3 times. And that's about it.

As of "it is not adviced to travel using AP when doing AOS" I think it is one of those myths and legends that are floating around and get multiplied by people without knowledge and without ever traveling on AP. AP is specifically created (among other categories) for people to travel while their AOS is pending. It is clearly written in I131 instructions. It is your travel and re-entry permit while AOS is pending. We were just unsure if leave US and invitation for interview will come in while we are out. But, as it turned out, we got invitation just before the trip and interview date was 2 months away so timeline was perfectly fine.

/M.

We got our AOS case approved on interview yesterday in USCIS San Jose, CA office.

We did our AOS from visitors B2 visa.

Just wanted to share the whole experience. Perhaps, someone will find it useful and is in similar situation looking for answers.

The whole case from mailing a package to getting AOS approved took 178 days and went very smoothly without any problems. Timeline was as follows:

Mar-25 - I130, I131, I765, I485(including I693 and I864) package sent with delivery confirmation to USCIS lockbox.

Mar-27 - package received by USCIS

Apr-2 - checks cashed

Apr-4 - NOA for all forms received

Apr-7 - biometrics appointment notice received

Apr-19 - biometrics completed

May-21 - I131 approved

May-21 - EAD card production ordered

May-30 - EAD card received

May-31 - AP received

Jul-31 - interview appointement notice received

Sep-19 - interview at USCIS San Jose, CA field office. Case approved, passport stamped with I551 (temp green card).

Interview too 30 minutes or so and officer basically went through information provided on application and petition. We were asked to show marriage certificate (original), family photos (officer decided to keep a few and attached to the file), credit cards, bank statement, medical insurance card to prove that marriage is real, I guess. Other than that, there was nothing special at all, no tricky questions, everything was handled in professional and corteous manner. At the end, officer just said that he is approving our application. We gave back EAD and AP and he stamped passport of my wife with I551 and said that actual card should arrive in mail in two weeks to two months.

We couldn't have asked for better outcome of the whole case. I was impressed how fast the whole case was processed - less than 6 months is pretty good. In fact, I kept checking processing times published on USCIS web site and they had nothing to do with the times that we actually had with our applications - our where handled way quicker than published processing times.

As I mentioned, we have dedcided to go AOS from B2 visitors visa as opposed to going typical I130 and immigrants visa processing and interview overseas. It proved to be a right choice since it was handled so much quicker. There was this speculation that spouse is not allowed to do AOS from B2 since it can be interpreted as visitor coming into the country with intent to immigrate. This question didn't even arise during interview. Even if it did, there were no intent to immigrate since my wife was here on B2 and during here stay I got naturalized after waiting longer than a year. Since she was here, after talking to couple of friends who did AOS from B2 and also got encourage by lawyer, we decided to go this way and it proved to be right decision. And also, if you read I-130 instructions carefully, it clearly says that if spouse in legally in US he/she can adjust by filing I130 and I485 simultaneously. Since my wife entered states legally I didn't see why shouldn't we adjust.

While waiting for an interview we have even used AP and travelled abroad. On the entry back she was proled to US for 1 year.

Hope that this post might help people with similar situation as ours. I will gladly answer any questions to anyone.

Good luck to everybody!

/M.

Hello,

I am naturalized USC filing I-130/G-325 for my spouse.

It asks for Alien registration number (or File number A - I assume it's the same thing) on both forms.

As I am naturalized I have this number from my own previous filings.

Should I put it on the forms or it is not relevant anymore to USC and I can say "none"?

Thanks everyone,

/M.

I see, makes sense.

Did you sent then fees for I130 and I485 as one check of $1365 or two checks of $355 and $1010 for I130 and I485+biometrics respectively?

Thanks,

/M.

Hello,

I am reading and reading guides and instructions here on site over and over as well as what people post in forums. I found that some information in guides contradicts each other. For example, there is no requirement for birth certificate of the spouse for I130 package yet in one of the guides it says its needed as well some people seem to include it.

I am considering filing I130/I485 concurrently and it says in the guide that marriage certificate, passport bio page copy is needed for I485 package whereas USCIS I485 instructions does not require that (for I130/I485 concurrent). Yet, I found some other forum members who post their packages examples and they are including that extra bit of evidence.

I am wondering is it a common sense to send a little more information beyond what is required to USCIS just to be safe?

Thanks,

/M.

Thanks kelzm and marlita. Very to the point and exactly what I was asking about. That gives me confidence and confirms I was thinking in the correct direction.

Good luck everybody!

So no one ever had had similar situation and/or experience? So far I just heard oppinions. I tend to agree with mermaid. I am only considering filing of I130 in the first place and pursuing IR-1 even though AOS seems perfectly OK as mermaid properly put the quotes from CIS docs.

So, just as mermaid, reading all the documents on CIS I don't see anywhere that it says that beneficiary HAS TO BE OUTSIDE of US the I130 is being filed for. Note, that I130 is just a petition to establish a family relationship as a basis for immigration and not an immigration itself.

There is a specific question 14 in the I130 form that asks to provide arrival/departure entry record I94 details if beneficiary is in the US. I don't think they are asking that just to find a person and immediately deport him/her. Other question on I130 asks if beneficiary intends to do AOS or will come back to homeland to finish processing in embassy.

These are logical conclusions that I am coming to and was just wondering if perhaps other visitors already has some factual knowledge of the similar situation.

Hoping to hear from more.

Regards to all/

/M.

So I browsed almost all topics in this forum and could not find a definite answer - is it OK to file I-130 while spouse is visiting in the US. Many people are asking is it worth to get a visitors visa while I130 is pending but I couldn't seem to find the one that is similar to my situation.

My wife has got multi entry long term visitors visa long time ago. Was coming to US two times already for several months. She is now here until July (this is what I94 stamp says). I will become eligible to file I130 as USC in March (oath on 3/20 - will have taken me exactly 1 year 2 month and 18 days to naturalize since I filed N400 on 1/2/2007 - slow as hell but that's different story).

So, the question is, should I wait until my wife leaves the US and then file I130 or I can file it while she is still here?

I tend not to attempt AOS since this seems a grey area for a visitor (even though I personally now the case when person in B2 status married in US and filed I130/I485 concurrently and got approved in 3-4 month in Chicago - year or two ago).

I know in the guides here it says pretty strictly that spouse has to be outside US while filing I130. However, reading instructions carefully or anywhere on USCIS site I can't find any reliable information that spouse absolutely should be outside US. it only says that I130 is used to "establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States".

Anyone to share their experience and knowledge on this kind of situation? I am sure there should be many people within same situation.

Thanks,

/M.

Hello,

On N400 application there is a question about having been detained by law enforcement.

If I had a speeding ticket which means i was stopped by police officer do I have to say yes to that question on N400?

Thanks,

/M.

Thank you all for your replies.

As I expected it is vague and grey area in general. How can anyone on earth verify was it an "intent" to immigrate or "I changed my mind" situation. Ok, then I changed my mind and decided to stay . Does it makes this case legal?

There should be a reason that CIS does not specifically and precisely list all cases who can and who cannot file AOS while in US. Probably to have less work for them. I wouldn't mind to file hundreds of froms if they would just move faster. Now, it is very frustrating to be a law abiding taxes paying citizen to go through all this bull$#it just get your spouse here. and all that in 21st century in the country which claims to be most democratic and free. Whereas CIS doubles their fees and nothing is getting faster but just slower.

Let's see what lawyer will suggest. Last time i checked with the lawyer he explained that the most they can do in this situation is to have a spouse to sign a paper that he/she lied to the boarder officer. Big deal. Will sign anything just let me in.

Hello,

I am sure that many of you are well familiar with the situation that is similar to mine.

We are married for more than two years now. Wife was granted multi entry B2 visa valid for 10 years. It was granted after we got married and it was clearly stated to the consular officer that spouse is in US. No lie here.

My wife visisted me in US couple of times already. We didn't ask for any extensions or adjustmens just a visit for a certain period of time.

Is it legal I file I-130 and I485 concurently while my wife in US as a visitor next time considering I am USC? I read I-130 and I-485 instructions millions of times already and it doesn't say anywhere that I can't. There are only vague sentences like "under certain circumstances" or "if you are legaly in US" without clarifying it. If I read section "Who cannot file I485" it doesn't say that I can't either.

I will surely check it with immigration lawyer but I was hoping that perhaps some of you are already in similar or same situation and perhaps going through AOS already.

Personally, I am leaning towards "better safe than sorry" solution but still want to explore. In fact, I personally know somebody who did exactly same thing or even better - they actually got married in US while spouse was on B2 then filed I130 and I485 concurently and it got approved in 3 or 4 months.

Thanks for any comments you may supply.

/M.