petalsf

Hiya please bear with me as I'm not sure I have this right.

I'm in the US having married hubby here, we met while I was on vacation. I came in on the VWP not expecting to stay. So we're starting the AOS process and I'm form filling here.

Essentially we have a two step process with the forms, the visa petition and then the AOS. As I'm already living here in the US, we're sending all the forms in at once even though it's a two stage process.

From the USCIS point of view, at what stage do I get my authorisation to work? (assuming all goes well). After they have approved the visa petition or after they have started processing the AOS forms?

We have possible financial sponsor issues. I'm wondering if I get my authorisation to work before the AOS forms need to be submitted. If so, is there any benefit in us doing the visa petition, me getting my work authorisation, returning to work (I have a position in my company held open) and then submitting the AOS forms with me working legally here?

I'm assuming this can't be done as it seems too good to be true. I just want to make sure.

TIA petals

Rete

Morning

It is only a two step process if you are living outside of the US or if your spouse is NOT a USC. As he is a USC and you are already here, then you do as you said, complete all the forms and mail them off together. The I-130 and I-485 are normally adjudicated together at the time of the AOS interview.

You will need (and this is off the top of my head but you can confirm by reading the wiki on the subject):

I-130 - Immediate Relative Form
G-325 (2 for you and 1 for the USC) - Bio Form
I-485 - AOS form
I-751 - EAD form
I-131 - Advance Parole form
I-693 - medical obtained at the USCIS approved doctor on the day of your physical
I-864 - Affidavit of Support

You cannot work until you have authorization (I-751) and that cannot be applied for until you have filed the paperwork for AOS. You need a basis for the authorization to work and that is your pending status as a PR based on your marriage to a USC in this case.

The I-751 is contingent on the filing of the I-485 not the I-130. So you will need to provide the I-864.

Noorah101

Hi Petals,

For you, it's really just a 1-step process. You will be filing the I-130 and the I-485 together, along with the I-765 which gives you the work authorization. It takes about 90 days to receive the EAD from the time you submit your AOS paperwork.

You will need to submit the I-864 with the AOS package, so if your USC hubby doesn't earn enough or have enough in assets, you'll need a joint sponsor.

Hope that clears it up some.
Rene

Noorah101

I should add that you can use a joint sponsor now, to submit the AOS paperwork. But by the time your AOS interview comes around, if you are working, you can use your income on the I-864 and try to submit a new I-864 showing your and your husband's combined income to qualify, and let the joint sponsor off the hook. The final decision on that, though, rests with the interviewing officer.

Rene

meauxna

Your EAD should arrive about 90 days after your I-485/I-130 complete packet is accepted. If anything is missing at submission, everything gets put on hold, including your EAD application.

You can't get the EAD without submitting the I-485, and you can't submit the I-485 without the I-864.

petalsf

Sorry, was unexpectedly offline for a couple of days, thanks for the clarification, much appreciated.

Cheers petals

Knight

And just so no one reads this and gets confused, I-765 is your EAD application, not I-751 (which is Petition to Remove Conditions of Residence).

Reedy189

Thanks for the information, a quick question. I've heard that, if you go into America on your VWP and get married, once you have sent your forms off, your not allowed to leave the country until everything is sorted, am I right?

BritishGuy36

The process you describe is illegal so don't expect any help with it here.

To enter the US on the VWP with the intention of staying and adjusting status, is immigration fraud.

Ozzidoc

You wont be held as a prisoner, but if you leave "before everything is sorted", and after the date that your VWP expired, you may well incur a 10 year ban on returning to the USA.

The poster directly above me is correct.

Reedy189

what? no :s. I'm in America already! I came here on a VWP, not intending to get married but I met someone out here and just, well same as Petals story really : ) (congrats petals btw). my question is: I'm here already, married to a USC and were just about to send the forms off, and I was just questioning something that me and my wife heard. That now I'm married here I can't leave here until all the forms are processed and the AOS is sorted, is this right? Obviously the VWP runs out after 90days of me arriving here, but once the forms are all sent off and everything, does that 90 days still count, we've been told that now were married the 90days VWP doesn't count?

Ozzidoc

Hang on.

Which "forms"? There are forms to be completed and submitted while you are in the USA, or the other, different and separate scenario is a set of forms to be completed and submitted when you return to your home country, making sure that you leave the USA before 89 days of entering on the VWP.

Look here: http://britishexpats.com/wiki/Marriage_Based_Green_Card

Reedy189

read what petals said. I'm exactly the same as her. I was just wondering if the 90days on the VWP still stands even after sending off the AOS and all the other forms (read Retes list) while still in the USA staying with my wife.

Ozzidoc

Someone else will be along soon to explain things more clearly. As I read your situation - that you have remained in the USA beyond the 90 days - it is correct that you'll need to remain in the USA until your AOS has been approved.

Reedy189

god i explain things badly lol. Ive only been here like 62 days or something. but thanks for your help, just wanted to know if I have to stay until all the AOS is cleared up, and I thought I did so thankyou