How long to wait beofre filing papers
Jun 24th 2002, 9:20 pm
#1
Guest
Posts: n/a
How long to wait beofre filing papers
Hi , I just got married to a U.S citizen last week.How long should i wait before
applying for the Adjustment of status.Is there any guidelines or time limits from
INS.Also should i file myself or is it a better idea to file though a Immigration
lawyer.any response would be appreciated.
applying for the Adjustment of status.Is there any guidelines or time limits from
INS.Also should i file myself or is it a better idea to file though a Immigration
lawyer.any response would be appreciated.
Jun 24th 2002, 11:58 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,403
Re: How long to wait beofre filing papers
You file for AOS asa you are able to. You don't want to fall out of status. Since I don't know if you came here on a K-1 fiance visa (unlikely) or just entered as a tourist and got married, the advice is the same. As soon as you have the certified marriage certificate and all the other documents you need to have in order to file, i.e. former divorce certificates, birth certificates, and your spouse has completed the I-130 and I-864 affidavit of support you can file for your adjustment and if you want to work for your employment authorization and if you want to travel outside of the US your I-131 advance parole document.
It is doable by yourself if you have no issues such as criminal record and/or health problems and if you are comfortable with mountains of forms and gathering of documents. If not, go to an attorney who, if he/she is any good, will take this burden off your hands.
You can check out what you need to do by going to this URL and click on the Tourist Adjustment button.
I-130/I-485 Helpsite at:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
http://www.geocities.com/immigration...-130/index.htm
It is doable by yourself if you have no issues such as criminal record and/or health problems and if you are comfortable with mountains of forms and gathering of documents. If not, go to an attorney who, if he/she is any good, will take this burden off your hands.
You can check out what you need to do by going to this URL and click on the Tourist Adjustment button.
I-130/I-485 Helpsite at:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
http://www.geocities.com/immigration...-130/index.htm
Jun 25th 2002, 12:20 am
#3
Guest
Posts: n/a
Re: How long to wait beofre filing papers
sks wrote:
> I just got married to a U.S citizen last week.How long should i wait before
> applying for the Adjustment of status.Is there any guidelines or time limits from
> INS.Also should i file myself or is it a better idea to file though a Immigration
> lawyer.any response would be appreciated.
1. You must have entered the US legally when you came into the country, in order to
adjust status.
2. IF you entered on a tourist visa, student visa, work visa, or other visa type,
then you should not apply for adjustment of status until you have been inside the
US for at least 60 days, to avoid a presumption of visa fraud by the INS. (one
should not even marry for the first 60 days, technically)
3. There are a few visa types that do not allow filing of AOs, such as transit visa
or crewman visa. Hopefully you do not fall into this category.
4. If none of the above are problems for you, you can file the AOs yourself, most
likely. Refer to the "tourist adjustment" link on the doc steen site for some
tips. If you have a criminal record in your home country or in the US, you should
most definitely consult an immigration attorney to see where you stand. there are
no time limits on filing AOS, but obviously if you are otherwise out of status,
filing promptly is probably recommended. Use of an immigration attorney is
recommended if you have any red flags in your case. Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> I just got married to a U.S citizen last week.How long should i wait before
> applying for the Adjustment of status.Is there any guidelines or time limits from
> INS.Also should i file myself or is it a better idea to file though a Immigration
> lawyer.any response would be appreciated.
1. You must have entered the US legally when you came into the country, in order to
adjust status.
2. IF you entered on a tourist visa, student visa, work visa, or other visa type,
then you should not apply for adjustment of status until you have been inside the
US for at least 60 days, to avoid a presumption of visa fraud by the INS. (one
should not even marry for the first 60 days, technically)
3. There are a few visa types that do not allow filing of AOs, such as transit visa
or crewman visa. Hopefully you do not fall into this category.
4. If none of the above are problems for you, you can file the AOs yourself, most
likely. Refer to the "tourist adjustment" link on the doc steen site for some
tips. If you have a criminal record in your home country or in the US, you should
most definitely consult an immigration attorney to see where you stand. there are
no time limits on filing AOS, but obviously if you are otherwise out of status,
filing promptly is probably recommended. Use of an immigration attorney is
recommended if you have any red flags in your case. Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
Jun 25th 2002, 9:20 am
#4
Guest
Posts: n/a
Re: How long to wait beofre filing papers
What if u entered on F1 visa dated and has a D/S scribble and you graduted and you're
out of status like 2 years is that considered a "complicated case? No criminal
record, + living with fiance 1 year documented.
Rete <[email protected]> wrote in message
news:<[email protected]>...
> You file for AOS asa you are able to. You don't want to fall out of status. Since I
> don't know if you came here on a K-1 fiance visa (unlikely) or just entered as a
> tourist and got married, the advice is the same. As soon as you have the certified
> marriage certificate and all the other documents you need to have in order to file,
> i.e. former divorce certificates, birth certificates, and your spouse has completed
> the I-130 and I-864 affidavit of support you can file for your adjustment and if
> you want to work for your employment authorization and if you want to travel
> outside of the US your I-131 advance parole document.
>
> It is doable by yourself if you have no issues such as criminal record and/or
> health problems and if you are comfortable with mountains of forms and gathering of
> documents. If not, go to an attorney who, if he/she is any good, will take this
> burden off your hands.
>
> You can check out what you need to do by going to this URL and click on the Tourist
> Adjustment button.
>
> I-130/I-485 Helpsite at: www.mindspring.com/~docsteen/visainfo/visainfo.htm
> www.geocities.com/immigration_helpsite/I-130/index.htm
out of status like 2 years is that considered a "complicated case? No criminal
record, + living with fiance 1 year documented.
Rete <[email protected]> wrote in message
news:<[email protected]>...
> You file for AOS asa you are able to. You don't want to fall out of status. Since I
> don't know if you came here on a K-1 fiance visa (unlikely) or just entered as a
> tourist and got married, the advice is the same. As soon as you have the certified
> marriage certificate and all the other documents you need to have in order to file,
> i.e. former divorce certificates, birth certificates, and your spouse has completed
> the I-130 and I-864 affidavit of support you can file for your adjustment and if
> you want to work for your employment authorization and if you want to travel
> outside of the US your I-131 advance parole document.
>
> It is doable by yourself if you have no issues such as criminal record and/or
> health problems and if you are comfortable with mountains of forms and gathering of
> documents. If not, go to an attorney who, if he/she is any good, will take this
> burden off your hands.
>
> You can check out what you need to do by going to this URL and click on the Tourist
> Adjustment button.
>
> I-130/I-485 Helpsite at: www.mindspring.com/~docsteen/visainfo/visainfo.htm
> www.geocities.com/immigration_helpsite/I-130/index.htm
Jun 25th 2002, 9:21 am
#5
Guest
Posts: n/a
Re: How long to wait beofre filing papers
LAL wrote:
>
> What if u entered on F1 visa dated and has a D/S scribble and you graduted and
> you're out of status like 2 years is that considered a "complicated case? No
> criminal record, + living with fiance 1 year documented.
Don't leave the US until AOS has been granted. As long as you didn't commit fraud,
like making false statements to gain employment, then you should be OK.
>
> What if u entered on F1 visa dated and has a D/S scribble and you graduted and
> you're out of status like 2 years is that considered a "complicated case? No
> criminal record, + living with fiance 1 year documented.
Don't leave the US until AOS has been granted. As long as you didn't commit fraud,
like making false statements to gain employment, then you should be OK.
Jun 25th 2002, 9:21 am
#6
Guest
Posts: n/a
Re: How long to wait beofre filing papers
LAL wrote:
> What if u entered on F1 visa dated and has a D/S scribble and you graduted and
> you're out of status like 2 years is that considered a "complicated case? No
> criminal record, + living with fiance 1 year documented.
>
You entered legally, but even though you have D/S on your I-94, you are technically
out of status because you are out of school.
You are advised to file for AOS as soon as possible. They are starting to check on
the student visa holders who are not in school, I think. If they find you out of
status that long, you could end up with a deportation order. File AOS and get some
peace of mind and legal status...the sooner, the better. You do not need an attorney
to do this, based on what you have posted here. Find tips on Doc Steen site at
tourist adjustment link.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> What if u entered on F1 visa dated and has a D/S scribble and you graduted and
> you're out of status like 2 years is that considered a "complicated case? No
> criminal record, + living with fiance 1 year documented.
>
You entered legally, but even though you have D/S on your I-94, you are technically
out of status because you are out of school.
You are advised to file for AOS as soon as possible. They are starting to check on
the student visa holders who are not in school, I think. If they find you out of
status that long, you could end up with a deportation order. File AOS and get some
peace of mind and legal status...the sooner, the better. You do not need an attorney
to do this, based on what you have posted here. Find tips on Doc Steen site at
tourist adjustment link.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
Jun 25th 2002, 12:20 pm
#7
Guest
Posts: n/a
Re: How long to wait beofre filing papers
<[email protected]> wrote in message news:[email protected]...
> LAL wrote:
> >
> > What if u entered on F1 visa dated and has a D/S scribble and you graduted and
> > you're out of status like 2 years is that considered a "complicated case? No
> > criminal record, + living with fiance 1 year documented.
>
> Don't leave the US until AOS has been granted.
I disagree. If your I-94 is marked D/S you do not automatically accrue illegal
presence time and would not be subject to the 3/10 year bans.
Andy.
--
I'm not really here - it's just your warped imagination.
> LAL wrote:
> >
> > What if u entered on F1 visa dated and has a D/S scribble and you graduted and
> > you're out of status like 2 years is that considered a "complicated case? No
> > criminal record, + living with fiance 1 year documented.
>
> Don't leave the US until AOS has been granted.
I disagree. If your I-94 is marked D/S you do not automatically accrue illegal
presence time and would not be subject to the 3/10 year bans.
Andy.
--
I'm not really here - it's just your warped imagination.
