andrea874

I was here on a J-1 visa, left, and came back as a visitor, and ended up getting married.

From what I can tell we need to file the following forms for AOS:

I 485
I 130
I 765 for work authorization
I 131 for travel autorization

Is there anything we are missing?

Also, how long does it take for the I765 to get approved? What are the chances of it being denied?

How long of a waiting period am I look at in NYC before my AOS interview?

Any help is appreciated I've very overwhelmed...

andrea874

someone??

sdmansour

here's a place to start:

http://uscis.gov/graphics/formsfee/forms/i-485.htm

andrea874

Thanks. My original question asked if there's anything I'm missing other than these forms though?

Also, is it even possible to be granted permission to leave and re-enter the country while waiting for your AOS interview? If so, how long does this take?

sdmansour

the site i provided you gives you the list of all the forms you need and ones that you may also wish to submit.

KimJ

Andrea - the link sdmansour provided lists all the forms you'll need. Also, you should be prepared to prove that you didn't intend to get married when you came back into the country on the visitors visa.

andrea874

I'm already in the country, and married, My question about leaving is whether its possible, once I've filed for AOS, to leave and return (before the AOS is approved)

sdmansour

andrea, have you read the info in the link i provided to you? the answers to your questions are there waiting for you to read them. it may take you a little time to read all of the details, but it is worth taking that time.

KimJ

I didn't answer your question about leaving/returning because I don't know the answer.

You also asked if there was anything you were missing - which I answered by telling you you'll need proof that you didn't intend to get married when you came into the country on a tourist visa.

Ray

You already have the form for advance parole in your list..File it with your AOS...do NOT leave without AP.

check here for the amount of wait time depending on your local office
https://egov.immigration.gov/graphic...sp?textFlag=N#

andrea874

I apologize, I mis-read your response.

andrea874

Do I need to submit all of these forms at the same time (ie together)? Do I need to do the affidavit of support at the same time as all of these as well? Either I'm reading it wrong or it seems like there's conflicting information of whether the I 485 and I 130 need to be submitted at the same time, or one before the other. I'm totally lost with all of this

sdmansour

These forms need to be submitted together:

I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
I-864, Affidavit of Support
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the above forms.

These forms can be submitted with the above forms or at another time:

G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
I-765, Application for Employment Authorization, if you want to work while your application is processed
I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
I-601, Application for Waiver of Grounds of Excludability, if applicable

Special Instruction:
The I-485 in this case may be filed at the same time as the visa petition (I-130) which is filed by the U.S. citizen or lawful permanent resident. See your local office "About Us" page for any special local instructions including any local forms needed to apply for permanent residence.

andrea874

Thanks, I appreciate it.

One more thing, sorry to be a pain , the 1-485 Supplement A. That says on the first page of it that I need not fill it out because I am applying as the spouse of a US citizen. Am I reading that correctly?

I returned to the US as a visitor in late December (from Canada). I don't know if I overstayed how long I am legally able to be here for. I think it's six months but some people seem to think it's three. So I'm not sure if I have breached any immigration policies / laws... I was just married, so it was slightly over the 3 months.

sdmansour

Part I: i read it the same way you did, that you dont have to file because you are adjusting as a spouse.

Part II: im not sure about this one. if you came in on the visa waiver program, i believe from what i have read in this forum that it is for a period of 90 days. i have also read on some responses that if you overstay and you marry a USC that there is some exception for this too - and i think another form to fill out but if you say that you came in late december, its late february now so that is only 2 months.

im sure someone else with more experience and knowledge than me will step up to the plate and answer this one for you...good luck!

debbie