markcar

hi

me and my wife are about to start the process to adjust my status just hopeing someone may be able to clear up a couple of things for us,

from what we can see from reading we need to file form I-130 and I-485, are these filed to the address listed on the site our our local office? as my wife thinks its our local office but i've seen mention of a lockbox address on the site (also it says to file these together but i've seen mention of 2 different lockbox addresses?)

i cant seem to find any mention of me being able to work, do i have to file a different for for this or is it all in the one form?

also i would need to return to england in the next month or so just to finish up the transfer of my house and work, collect the last of my things ect, do i need to file a form to allow me to leave at the same time and to the same place?

thank you

uknobby

Did you enter on a K1 visa and get married now ready to start the AOS process?

Noorah101

What status are you adjusting from? How did you enter the USA?

That depends on how you last entered the USA.

No. Read the I-485 instructions for the correct mailing address.

The Employment Authorization Document (EAD) application is form I-765, needs to be filed with the whole AOS package.

The Advance Parole (AP) application for travel outside the USA while waiting for AOS is form I-131. This needs to be filed with the whole AOS package. However, it takes about 60 days to get AP in hand after filing AOS, so you won't be going home next month. If you leave the USA before having AP in hand, you will abandon your AOS process and will have to start over with the spouse Immigrant Visa process.

Also, you are aware that you need a full medical done, and the results go in your AOS package? (Unless you entered as a K-1, then you just need your vaccination transcription done by a US civil surgeon.)

Rene

meauxna

Where are you guys getting your information?

You need to put on the brakes and do some more homework before throwing your $1000 down a black hole.

markcar

hi

thanks for the replys,

it looks like we are going to have to give up on this for now,

we've been married for a year and i've been comeing over on the visa waiver for a couple month each time, no plans to stay as i had commitments (work) back in the uk, i lost them commitments this week so the wife wanted me to stay,
we didn;t realize we would need the proof thats asked for with needing to show i had no intentions of staying

Noorah101

You might want to have a consultation with an immigration attorney to talk about this, before you leave the USA again. You seem to have some misunderstandings.

How much more time do you have on your current VWP stay?

Although, even if you file AOS right now, you won't be able to go back to the UK next month as planned. Well, you can GO, but you won't be able to come back to continue your AOS process.

Probably wiser to just go with the Immigrant Visa from the beginning...the I-130 can be filed now, you go back home to finish up your life there, and return to the USA on your Immigrant Visa...that way you become a US PR from Day 1, and you're not trying to rush doing a risky AOS process.

Rene

markcar

thanks for the replys,

think i do have a lot of misunderstandings, think i'm letting my need to find a way to stay with my wife and kids get in the way of seeing things clear,

umm pretty stupid but i cant remember how long i have left on the VWP, think i arrived on the 11th of december this time (try to put the arriving and leaving out of mind, feels to make it easier)

i was reading from the links on here, seeing i would need birth certificate police records ect, which i dont have with me as i didn't have intentions to stay, so i guess doing the whole AOS process would be out anyway, not looking forward to having to tell my wife i have to leave again when she arrives home

how would i go the Immigrant Visa route with fileing the I-130 now?

uknobby

Doing AOS from the VWP is illegal anyway so if you dont want to risk your life in the USA forget this route. Your wife would have to file I-130 with the USCIS in the USA full details of how to fill in the form and where to mail it are avaliable on there website www.uscis.gov this process i believe takes around 8 months from start to finish. If you are unhappy doing it yourself the best thing to do is discuss your situation with an immigration attorney.

Noorah101

You NEEEEED to know this, because if you overstay the VWP by even 1 day, you can never (that's right, NEVER) use it again! Do NOT overstay!

More misunderstandings. I highly suggest having at least a 1-time consultation with an immigration attorney to sort this out. It will be a couple hundred dollars well-spent.

http://britishexpats.com/wiki/CR-1

Rene

Noorah101

Only in certain circumstances, but USCIS is cracking down on this route for sure.

Rene

uknobby

I stand corrected as usual ty

markcar

i know i'm safe on not overstaying the VWP, i'm always weeks short of the time i'm allowed (need to be to fit in with work)

we were looking into seeing an immigration attorney we got the number for one from my mother in law,
if it could be done without needing the birth certificate police records ect everything back in england could be taken care of by my brothers (just found this out from talking to them) so the need to leave the usa wouldn't be so quick anyway

with fileing the I-130 that way would i need to stay outside the usa and then goto the interview in london ect before returning or would we be able to file that, i return finish things up come back to the usa in a month or so then file the adjustment of staues from here?

Noorah101

Smart move.

File the I-130 while you're in the USA now, you go back to the UK before the VWP time is up, you wait outside the USA while everything processes (about 8 - 10 months), return permanently to the USA when you have Immigrant Visa in hand.

In the meantime, you can still visit the USA on the VWP.

Rene

uknobby

After the I-130 is filed you can continue to travel to the USA on the VWP until the process is complete, after filing though it can be a little bit more difficult getting through border control in the USA as you need to prove to them that you are at no risk to overstaying in the USA and will be returning to the UK in a timely manner so you would need plenty of evidence to your ties in the UK but from what I believe and have read on this forum many have continued to visit there loved ones in the USA while they are in the Immigrant visa process. Make sure you dont ever overstay on your VWP leave in a timely manner and there should be no problems.

markcar

thank you for all the help, cleared up a lot for me,

i think i'll mention seeing the immigration attorney when she gets home from work, sounds a little better than i just have to leave lol,

we were looking into doing it that way for a while but have a problem with the affidavit of support as my wife doesn't earn enoth to do it and we dont know anyone else that could, we heard adjusting statues while i was here and me working was a way to avoid that so we have even more problems if we do it with me in the uk