ando88

Hi all.

My best friend/fiance and I are getting married in June. I am an Australian, she was born in Australia but she is 100% american. (she may be eligible for an Australian passport due to her Dad being a permanent resident at the time of her birth - we will cross this bridge later when we think about grad schools in Australia).

I am currently in the USA working on a E3 visa. In June we are getting married, and I am trying to work out what the best process would be for becoming a permanent resident in the USA. I could easily remain on the E3, because it's valid through 2017, but it's not as 'predictable' as say having residency in the USA through her. Having my wife as my sponsor would be a better option after we wed.

I have lived in the USA on and off (4 j-1 visas) since 2011. Like I said my fiancé is an American citizen. I am Australian. What is the best path to take in my situation to ensure confidence of residence/sponsorship in the USA after we are married?

Look forward to your thoughts

Guindalf

Probably the easiest route for you would be to marry and then file for AOS. You will eventually get a GC, which is usually conditional for two years and after three, you can apply for citizenship, if you so desire.

Noorah101

You will want to research "Adjustment of Status" (AOS).

Rene

ando88

Thank you both

So it looks to me like there are two forms that need to be filed

My wife will need to file the I-130
And I will need to file the I-485

Sounds simple enough, though it never really is. Throughout the entire period of filing these forms will I be eligible to continue working under my E3?

Noorah101

Yes, those are the two main applications, and they are filed concurrently to the address on the I-485. The I-485 also requires form I-864 Affidavit of Support (USC fills this out). Also form I-765 and I-131 for work authorization and travel outside the USA, in case something happens to your E3 employment. You will also need a full medical exam and include those results with your AOS package.

Rene

Noorah101

Yes, you can continue working for your E3 employer while your AOS is processing.

Rene

Noorah101

There will be a filing fee for the I-130.
There will be a filing fee for the I-485, including biometrics.
No fee for the I-864, I-765 or I-131.
The doctor doing your medical sets his own fee.

Rene

ando88

Rene, thank you for that summary. My E3 is valid till 2017, but I would like to get this in the works as soon as I can. I appreciate your informative posts

augigi

I adjusted from E3 to permanent resident last year. I posted about it if you search my posts.

ando88

Thanks for the heads up, I will look at your posts

ando88

I have found there to be a $380 filing fee for the I-765

ian-mstm

When filing as a stand-alone application, yes. When filed with an I-485 there is no fee.

Ian

ando88

Okay Thanks.

Question 16 on the I-765 form (Application for Employment Authorization)
'Who May File Form I-765'

I am confused about what to put. My wife is a US citizen, I am an E-3 visa carrier?

Also how do I obtain the information for 17 and 18? Firstly my companies E-verify number? and secondly the receipt for my eligibility? This part has confused me most

ian-mstm

Apply under category (c)(9). You read the I-765 instructions, right? That's a different form, by the way.


Neither of these apply to you.

Ian

ando88

Thanks Ian, I read the form however was uncertain about my category, Thanks for clearing this up!

Andy