lostfairyuk

Hi there,

I am currently living in both UK and US. I work for a magazine in London that sends me to New York for half the time. I have an I-Visa (Media). I am married to a US citizen, (it will be a year in June) who lives and worked until very recently in New York.

1. Can I apply for a Adjustment of Status when I am back in the US from my I-Visa? I have tried in vain to get ANY information about the I-Visa and a Greencard.

2. What process do I need to go through? I-130 and what else? Can I file it all together?

3. My Husband also just lost his job of 2 years, which I am now starting to see could be a problem? He freelances now, but does he have to have a minimum income to 'sponsor' me? (if that is what it is called..)

I have been holding off doing anything so far because I was warned that once I filed any papers I'd be stuck in America until the paperwork came through - which could be 6 months or more. This is a problem for 2 reasons - my job in London which requires me to come back and forth. Almost more importantly, my brother was diagnosed with Cancer last year, I care for when in the UK. I just couldn't risk not being able to come back if he needed me during his chemo, and most recently his operation. I have heard I could apply for advance parole, if I got my brother's doctor to write a letter regarding his case, which I can easily do.

4. Does anyone have any advice for me? What forms to file, where etc. hints at a time line if anyone has done anything like this in New York before... I would like to initiate the process when I am next in the US as my brother is doing better, and it is looking positive for him. Still, I would like to be able to be back if needed.

Thank you all so much in advance,

Nicola

ian-mstm

Yes.


Yes... I-130, I-485, I-131, I-765, I-864... and all the supporting documentation that goes with it... photos, tax returns, etc.


Yes... to the Chicago lockbox.


Yes... but he *is* your sponsor, whether or not he qualifies financially. If he doesn't, you can get a joint sponsor.


Not true! You're landlocked only until the I-131 is processed and you receive Advance Parole... about 90 days from the day you apply. If you leave the US after filing but before receiving A/P, you risk abandoning your entire case. That said, in an emergency, you can still use your I-visa for travel home but you effectively abandon the adjustment application and will have to refile.

Ian

jeffreyhy

lfuk,

As his wife and Household Member, he can use your income and assets along with his own to sponsor you.

Regards, JEff

lostfairyuk

Thanks Ian! Lots of helpful info here

Has anyone got an estimate of how much this all costs? I'm trying to put the money aside in my head right now...

Thanks again,

Nicola

ian-mstm

The fees are posted at www.uscis.gov - but, roughly, $1350.

Ian

Noorah101

Currently:
$355 for the I-130
$1,010 for the I-485 + all the other AOS documents
$ ___ few hundred for the full medical

So I'd figure around $1,500 - $2,000

Rene

lostfairyuk

There are so many 'immigration lawyers' in New York. I have met with a couple, but have yet to find one that doesn't make me feel like they are just trying to get $1000+ out of me. I've found the whole process a bit disheartening.

Do you guys think I need a lawyer to do this? Or can I do it myself?

I'm torn between wanting to get it done properly and efficiently / getting ripped off by someone who just puts some paper in the post for me.

Any thoughts? Did you all use lawyers or do it yourself?

Thanks,

Nicola

Noorah101

In my layman's opinion, if you don't have any problems such as bad immigration history, criminal history, or major health problems....and if you are organized, can follow instructions, are detail-oriented, and know how to research...you can easily do it yourself.

When I started my now-husband's K-1 process, I knew nothing, so I hired an attorney. After paying her to do the I-129F petition, I realized from reading the posts on here and taking a look at the upcoming forms, that I could do it myself. I didn't use an attorney the whole rest of the immigration process, and my husband just became a USC, so yes...it can be done without an attorney.

Rene

henryh

Is it technically legal to enter on a non-immigrant visa (I) with the intention of adjusting to immigrant status?

Or does the intention issue only apply to VWP? What about B1/B2?

lostfairyuk

Thanks guys, your input has been very helpful in putting me on the right path. Especially in organizing what I have to put together.

So, I have researched these forms from the USCIS website.

I-130 Petition for Alien Relative $355
For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.

* This seems quite straight forward.

I-485 Application to Register Permanent Residence or Adjust Status $930 + biometrics $80 total $1,010
To apply to adjust your status to that of a permanent resident of the United States.

* Much more complicated! what supporting docs do need here? proof of marriage? police reports? etc? unfortunately I have been arrested for something I have no criminal record per se but was fingerprinted - any advice here?

I-131 Application for Travel Document $305
To apply for a travel document, reentry permit, refugee travel document or advance parole.

* Would this be where I would put a letter from my brother's doctor about his condition and me caring for him and needing to travel? and a letter from my office saying I am required to travel for my work?

I-765 Application for Employment Authorization ($340 no charge filed with I-485)
Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD).

* How long does this usually take to come through?

I-864 Affidavit of Support Under Section 213A of the Act
To show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare.

Sponsor's Household Size : 2
100% Poverty Line: 14,000
125% Poverty Line: 17,500

* My husband would have to earn over 17,500 a year (or savings of 17,5k x 3)? How does this work now he freelances? what supporting docs are needed?

Are these all the forms? They are all submitted together?

THANK YOU!

Nicola

meauxna

This is where using a lawyer or dedicating yourself to the research will save you the money you're worried about them charging you... I think it is fair for a professional to charge a fee for their expertise, btw. You charge money for what you do, right?

When the I-131 & I-765 are filed with the I-485, there is no additional form fee. Saved you $305 right there.

It is a lot to learn in a day. There is a reason people are professionals, beyond trying to get a thousand bucks out of you.

ian-mstm

I love it when people use the word "technically" when, in fact, they really mean "actually"... but don't want to say the word.

In this case... *YES* it is illegal to enter the US on a non-immigrant visa with the intent to stay and adjust status to PR. Is it done? Yes. Is it legal? No. Do people get caught? Yes.

Ian

ian-mstm

Old information.

Current 100% Poverty Line: 14,570
Current 125% Poverty Line: 18,212

Assets - 3x 18,212 = 54,636

Ian

Noorah101

The instructions for the I-485 will tell you exactly what supporting docs you need to provide. With AOS, you do not need to submit a police report, USCIS does their own security check on you. It would be a good idea to get any related arrest and court documents to show at the AOS interview (you don't have to include them with the AOS filing).

You do not need any letters of backup proof for the I-131. It WILL be issued no matter what your reason for travel is. It takes about 60 - 90 days to get this document in hand, and it is very difficult to get it expedited. After you file AOS, if you want to TRY, you can bring in all that documentation to your local office via an Infopass appointment, but don't go with high hopes of getting an expedited AP. If you leave the USA before you receive the AP in hand, you will abandon your AOS.

About 90 days from filing AOS.

The instructions for the I-864 are pretty clear about what proof of income needs to accompany the I-864, plus the most recently filed tax return. If your husband freelances, and does not have enough in assets, you might need a joint sponsor.

Yes, all the forms and supporting docs and fees are submitted together.

Rene

lostfairyuk

You guys are all so helpful. Thank you so much Rene, Ian and meauxna

I am not against hiring an attorney, but I have yet to find one that I feel I can trust and is not just reeling off general answers, or making me feel like I am just there to hand them a check. Does anyone have anyone to recommend in the NY / NJ area?

Nicola