Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Wait for adjustment of status or leave the country?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wait for adjustment of status or leave the country?

    Hi,
    I came to the US under an F1 visa, I met my wife and started a relationship 2 years ago. After 18 months, we decided to move together and 3 months we got married We have 6 months living together but my OPT time is almost done and we are confused about what to do. We filled in the I130 form and don't know what is the best path considering we don't have a lot of evidence. We do have bank statements, life insurance from my work, the health insurance will start in January, we share car insurance, cell phone bill, my driver license has her address. We don't have a lease agreement or mortgage because she already has a house and cars. The utilities are under her name and we think it is not necessary to change them just because I moved there.
    Our wedding ceremony was very simple, only two witnesses my best friend and her best friend, but 3 months later we had a big party (I paid for it, have the bills) and invited my father (I paid for air tickets), my friends and her friends. Her son and daughters are not very happy with our marriage because she is older than me, 20 years more, they think I am behind her money...but that's another story.
    We are really happy together and we don't want to be away from each other, however considering I'm gonna be out of status in one month, my EAD and driver license expires in January and I don't want to be here as an illegal alien, without driving or working. Additionally, I feel we don't have the evidence most of the people have (I have read most of the threads here) considering I work out of home and when I am at home we don't do anything special, we always go to the karaoke on Thursdays and some Sundays. I do have proof I work traveling from Monday to Thursday.

    My question is, in my case what's my best option... Staying in the US or leave and wait for my GC in my country?

  • #2
    I think many people have less evidence than yours. You mentioned filling I-130 but how about I-485 (and the rest of the forms)?
    You won't be in illegal status if you file I-485 complete package.
    Anyway, married to USC you can have some illegal time and non-authorized work and still get the GC.

    Most people try to find a way to travel to the USA to do AOS. Depending on the country the consular processing is a long and more expensive path.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      I agree with the above poster. You actually have more evidence than most. Is she a US citizen? If so, I think you should file the I-130 with I-130A, I-485, and I-864 all at the same time. I would also include the I-131 and I-765 as well, but they’re optional (free to file though). The moment the USCIS receives your application, you will be allowed to stay without accruing unlawful presence until a decision is made on your case.
      Canadian on F-1 married to USC (SSM)
      Field office: Manhattan/NYC

      09/21/2019: Delivered to Chicago
      09/25/2019: Fees charged
      09/30/2019: Case received
      10/04/2019: Biometrics appt received
      10/15/2019: Fingerprints taken
      10/16/2019: Fingerprint review complete
      11/14/2019: Ready to be scheduled

      Comment


      • #4
        when you file initial package you do not have to send all those documents. Just fill out all the paper work such as i-485, i-130, (i-765 and i-131 if you need), medical report, her birth certificate, your birth certificate stuff like that. once they receive your package and process the case, you have time to collect all the documents before the interview.

        Comment


        • #5
          Originally posted by balo101 View Post
          when you file initial package you do not have to send all those documents. Just fill out all the paper work such as i-485, i-130, (i-765 and i-131 if you need), medical report, her birth certificate, your birth certificate stuff like that. once they receive your package and process the case, you have time to collect all the documents before the interview.
          I disagree with this statement. I think you should file all the evidence that you can get at this point, and bring more evidence during the interview. As other posters said, the evidence that you have now (been together for 2 years, living together for few months, utility bills, etc.) is more than many other legitimate cases out there. Also, it is true that once you file an I-485 you would not be out of status even though your OPT expires.
          F-1 OPT, AOS married to USC
          I-485, I-130, I-765, I-131
          NBC
          FO: Minneapolis, MN
          10/21/19 Official Received and Priority Date
          11/5/19 Text NOA cases received
          11/6/19 Checks cashed out
          11/9/19 Received official I-797C NOAs through mail
          11/18/19 Biometrics letter for 11/26
          12/31/19 RFIE email notification
          1/9/20 RFIE response reviewed
          3/5/20 Ready to be scheduled for interview
          4/27/20 EAD/AP card in production
          12/1/20 Interview scheduled
          1/14/21 Interview, card in production

          Comment


          • #6
            Originally posted by denithedreamers View Post

            I disagree with this statement. I think you should file all the evidence that you can get at this point, and bring more evidence during the interview. As other posters said, the evidence that you have now (been together for 2 years, living together for few months, utility bills, etc.) is more than many other legitimate cases out there. Also, it is true that once you file an I-485 you would not be out of status even though your OPT expires.
            I do not think it is a good idea to send all the evidence such as (utility, insurance, bank statements etc) initially. You take all the documents when you are called for interview.

            Comment


            • #7
              Originally posted by balo101 View Post

              I do not think it is a good idea to send all the evidence such as (utility, insurance, bank statements etc) initially. You take all the documents when you are called for interview.
              It is part of the evidence of bona fide marriage. I don't see why it wouldn't be a good idea. In fact, USCIS's own website lists them under their checklist.
              F-1 OPT, AOS married to USC
              I-485, I-130, I-765, I-131
              NBC
              FO: Minneapolis, MN
              10/21/19 Official Received and Priority Date
              11/5/19 Text NOA cases received
              11/6/19 Checks cashed out
              11/9/19 Received official I-797C NOAs through mail
              11/18/19 Biometrics letter for 11/26
              12/31/19 RFIE email notification
              1/9/20 RFIE response reviewed
              3/5/20 Ready to be scheduled for interview
              4/27/20 EAD/AP card in production
              12/1/20 Interview scheduled
              1/14/21 Interview, card in production

              Comment


              • #8
                Originally posted by denithedreamers View Post

                It is part of the evidence of bona fide marriage. I don't see why it wouldn't be a good idea. In fact, USCIS's own website lists them under their checklist.
                This is how i sent mine and my lawyer advise that to me.

                Comment


                • #9
                  No matter what you do.....DO NOT LEAVE THE US. File for AOS and you will be legal as soon as you file
                  Sacramento, CA
                  11/22/19 Package sent I 485, [Chicago LockBox). I 130 already filed August 1st( August 8th Priority date)
                  11/29/19 Card ran by USCIS for $1225
                  12/13/19 Notice for Biomterics appt.
                  12/23/19 Biometrics
                  1/31/2020 Yellow RFIE in mail(missing Birth certificate)
                  2/5/2020 RFIE received at USCIS
                  2/14/20 Received I 693 courtesy letter
                  2/14/20 ready to be scheduled intervw
                  08/31/20 EAD /SSC
                  09/03/21 Notice for biometrics appointment I 130 USC
                  10/04/21 Case actively being reviewed

                  Comment


                  • #10
                    Originally posted by balo101 View Post

                    I do not think it is a good idea to send all the evidence such as (utility, insurance, bank statements etc) initially. You take all the documents when you are called for interview.
                    Evidence is required with the initial application. That is both stated and implied on the instructions for the I485 and I130, I130A. It will do no harm but help to substantiate your request. We sent in a bit of evidence with the initial application and reserved the mega-load proof of bonafide marriage for the actual interview. We have not received any RFE at all throughout the process. We are now at the stage of removing conditions.

                    7. 18. 2017: I130, I131, I485, I864, I765 - Chicago Lockbox: 8. 15. 2017: Biom-Kendall, Florida
                    10. 5. 2017: EAD received: 6. 21. 2018: 7. 5. 2018: Interview I797C notice rec’d
                    7. 31. 2018: Interview-Kendall, Florida: 7. 31. 2018: Interview success: Imm. I485 approval: 8. 1. 2018: I130 approved
                    8. 3. 2018: Card is mailed to me (1485): 8. 8. 2018: 2-yr GC in hand: 6. 6. 2020: ROC: 9. 23. 2020: 10-yr Green Card
                    5. 6. 2021: Appl. for Nat.: 8. 16. 2021: Nat. Interview 10. 1. 2021: Oath Cer. Mailed

                    Comment


                    • #11
                      Originally posted by barranquiman View Post
                      Hi,
                      I came to the US under an F1 visa, I met my wife and started a relationship 2 years ago. After 18 months, we decided to move together and 3 months we got married We have 6 months living together but my OPT time is almost done and we are confused about what to do. We filled in the I130 form and don't know what is the best path considering we don't have a lot of evidence. We do have bank statements, life insurance from my work, the health insurance will start in January, we share car insurance, cell phone bill, my driver license has her address. We don't have a lease agreement or mortgage because she already has a house and cars. The utilities are under her name and we think it is not necessary to change them just because I moved there.
                      Our wedding ceremony was very simple, only two witnesses my best friend and her best friend, but 3 months later we had a big party (I paid for it, have the bills) and invited my father (I paid for air tickets), my friends and her friends. Her son and daughters are not very happy with our marriage because she is older than me, 20 years more, they think I am behind her money...but that's another story.
                      We are really happy together and we don't want to be away from each other, however considering I'm gonna be out of status in one month, my EAD and driver license expires in January and I don't want to be here as an illegal alien, without driving or working. Additionally, I feel we don't have the evidence most of the people have (I have read most of the threads here) considering I work out of home and when I am at home we don't do anything special, we always go to the karaoke on Thursdays and some Sundays. I do have proof I work traveling from Monday to Thursday.

                      My question is, in my case what's my best option... Staying in the US or leave and wait for my GC in my country?
                      Hello,

                      I agree with the other posts. DO NOT LEAVE the US. Apply for the AOS I485 before the date of the expiration of the EAD in January the on time submission will keep you in the system in legal stance. Also apply for a renewal of the EAD, it usually arrives weeks or months before your I485 (Green Card) which is determined after and interview. Here are the forms that should accompany your I485 application: I130, I130A, I131, G1145, G325A, I485, I693, I864, I765. Also, please consider and make an effort to submit a few copies of pictures of you both together and the shared bills with both names and shared address with your application.

                      Best of luck.
                      7. 18. 2017: I130, I131, I485, I864, I765 - Chicago Lockbox: 8. 15. 2017: Biom-Kendall, Florida
                      10. 5. 2017: EAD received: 6. 21. 2018: 7. 5. 2018: Interview I797C notice rec’d
                      7. 31. 2018: Interview-Kendall, Florida: 7. 31. 2018: Interview success: Imm. I485 approval: 8. 1. 2018: I130 approved
                      8. 3. 2018: Card is mailed to me (1485): 8. 8. 2018: 2-yr GC in hand: 6. 6. 2020: ROC: 9. 23. 2020: 10-yr Green Card
                      5. 6. 2021: Appl. for Nat.: 8. 16. 2021: Nat. Interview 10. 1. 2021: Oath Cer. Mailed

                      Comment


                      • #12
                        Driver's license requirements vary by state. What state are you in? Depending on your state, you may be able to get a version of a driver's license that doesn't need legal presence documents.

                        This is my personal opinion and is not to be construed as legal advice.

                        Comment


                        • #13
                          Originally posted by balo101 View Post

                          This is how i sent mine and my lawyer advise that to me.
                          Hello,

                          Lawyers, have a reason for anything and that is more money. If they can chop a simple one-step process into a million, they will. The longer your case is with USCIS, the longer it might be for you to retain lawyers, and the more money they might receive in payment from you in the end. Also, the more documents that they 'handle' which might be sifting and sorting through the evidence of bonafide marriage at a later date is the more reason they have to say they had a lot of paperwork to do hence why they will charge more. Essentially, a lot of lawyers rely on an RFE from USCIS to begin to 'gather evidence' most proactive self-applicants avoid getting an RFE.



                          7. 18. 2017: I130, I131, I485, I864, I765 - Chicago Lockbox: 8. 15. 2017: Biom-Kendall, Florida
                          10. 5. 2017: EAD received: 6. 21. 2018: 7. 5. 2018: Interview I797C notice rec’d
                          7. 31. 2018: Interview-Kendall, Florida: 7. 31. 2018: Interview success: Imm. I485 approval: 8. 1. 2018: I130 approved
                          8. 3. 2018: Card is mailed to me (1485): 8. 8. 2018: 2-yr GC in hand: 6. 6. 2020: ROC: 9. 23. 2020: 10-yr Green Card
                          5. 6. 2021: Appl. for Nat.: 8. 16. 2021: Nat. Interview 10. 1. 2021: Oath Cer. Mailed

                          Comment


                          • #14
                            Originally posted by Hotaru-Grace View Post

                            Hello,

                            Lawyers, have a reason for anything and that is more money. If they can chop a simple one-step process into a million, they will. The longer your case is with USCIS, the longer it might be for you to retain lawyers, and the more money they might receive in payment from you in the end. Also, the more documents that they 'handle' which might be sifting and sorting through the evidence of bonafide marriage at a later date is the more reason they have to say they had a lot of paperwork to do hence why they will charge more. Essentially, a lot of lawyers rely on an RFE from USCIS to begin to 'gather evidence' most proactive self-applicants avoid getting an RFE.


                            That's not how lawyers operate tho. Lawyers are obligated to act in the best interest of their clients. Those who consistently do not will risk of getting disbarred and losing their license to practice.
                            F-1 OPT, AOS married to USC
                            I-485, I-130, I-765, I-131
                            NBC
                            FO: Minneapolis, MN
                            10/21/19 Official Received and Priority Date
                            11/5/19 Text NOA cases received
                            11/6/19 Checks cashed out
                            11/9/19 Received official I-797C NOAs through mail
                            11/18/19 Biometrics letter for 11/26
                            12/31/19 RFIE email notification
                            1/9/20 RFIE response reviewed
                            3/5/20 Ready to be scheduled for interview
                            4/27/20 EAD/AP card in production
                            12/1/20 Interview scheduled
                            1/14/21 Interview, card in production

                            Comment


                            • #15
                              Hi,
                              thanks to all. I decided to stay here in the US, and will send some evidence as they mention in the instructions. Then I will continue getting more evidence to show at the interview.
                              Im in RI.
                              I have another question. My wife has her bank accounts and we agreed before getting married to leave as is, I mean we will not take her properties and money she already has before the wedding. Is that an issue?

                              Do you recommend us to get a lease, like a new car?

                              Comment

                              {{modal[0].title}}

                              X

                              {{modal[0].content}}

                              {{promo.content}}

                              Working...
                              X