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VWP Entry and Adjustment of Status

VWP Entry and Adjustment of Status

Old Jun 8th 2011, 4:35 pm
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
With all of this I am trying to get my head around all of the fee's that must go out and found the insert below on the USCIS website.

"Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file."
There is a fee for the I-130. There is a fee for the I-485. There is a biometrics fee. There is no fee for the I-131 or I-765 if filed together with the I-485.

Also, my husband did not bring his BC, and his family in the UK is not able to find it. Is this an absolute requirement for the I-485?
Do the instructions on either the I-130 or I-485 ask for it?

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Old Jun 8th 2011, 4:36 pm
  #17  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
and no matter what happens, we will NOT have him overstay his 90 days.

Now it's just getting the medical scheduled and seeing how quickly we can make that happen
This is a very wise choice! And attempting to adjust status is not even worth the heartbreak if refused, I would file or at least collect all the info you require for the I-130 petition whilst he is there.
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Old Jun 8th 2011, 4:37 pm
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by meauxna View Post
Have you contacted an immigration attorney yet? You said in early November that "no matter what happens, we will NOT have him overstay his 90 days." Have you researched how to approach your case based on where you live?
It seems he didn't overstay. From what I can tell, he went home on time on his last VWP visit, then came over again on a new VWP visit, which he is on currently, and is now adjusting status within the current 90-day visit (not really a wise thing to do).

But I totally agree, they really should consult with an immigration attorney before filing anything, if they haven't done so already.

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Old Jun 8th 2011, 4:44 pm
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Default Re: VWP Entry and Adjustment of Status

When I spoke with the immigration attorney he stated that there really was no need to have one because we have been married more then 2 years and it should be rather cut and dry, so no, I did not proceed further with him. He did not overstay his 90 days the last time, nor is he in breach of doing so this time. As for researching my area, no, I haven't gotten that far yet I'm afraid. I thought that I was to submit all of the forms at once, including the medical, to the Chicago lockbox... is that wrong?
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Old Jun 8th 2011, 4:56 pm
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Default Re: VWP Entry and Adjustment of Status

There are individual fee's for each form on the USCIS website, including the G-325A. For the I-485 and G-325A the total is $1070 from what I have read so far.

Sorry, I can't seem to get the quote feature right - user error most likely
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Old Jun 8th 2011, 5:02 pm
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
There are individual fee's for each form on the USCIS website, including the G-325A. For the I-485 and G-325A the total is $1070 from what I have read so far.

Sorry, I can't seem to get the quote feature right - user error most likely
There is no fee for the G-325A.

Go to www.uscis.gov, Forms, and look at the cover page for the I-130 and I-485. The fees are listed there.

Don't look at the individual fees for the I-131 and I-765, as there are no fees for that when included in an AOS package, which is what you're doing.

Not sure what you're referring to when you say "researching my area", but you are correct that all the forms, fees, and medical get sent in one package to Chicago. The address is on the I-485.

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Old Jun 8th 2011, 8:45 pm
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Default Re: VWP Entry and Adjustment of Status

The I-131 (Application for Travel) is required as well for the AOS packet? Does that allow him to go state to state or into Canada or something? Sorry, this one confuses me.

Research my area was in reference to this post:

"meauxna
Have you researched how to approach your case based on where you live?

There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
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Old Jun 8th 2011, 9:03 pm
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
The I-131 (Application for Travel) is required as well for the AOS packet? Does that allow him to go state to state or into Canada or something? Sorry, this one confuses me.
The AP document allows him to leave the USA without abandoning the AOS process. He doesn't need AP to travel state to state, but he would need it for Canada, yes.

If he has overstayed at all, he shouldn't use AP or leave the USA at all (depending on the length of overstay).

There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
The AOS package gets mailed to the lockbox in Chicago. Eventually you will have an AOS interview at your local office in Detroit.

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Old Jun 8th 2011, 9:36 pm
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Default Re: VWP Entry and Adjustment of Status

So even if he has no plans of leaving while awaiting approval for AOS, it's a nice to have, and if there is no fee when filing it with the other documents, it makes sense to just do it. Thank you again for your help!
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Old Jun 8th 2011, 11:41 pm
  #25  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Noorah101 View Post
If he has overstayed at all, he shouldn't use AP or leave the USA at all (depending on the length of overstay).
Rene: In the exercise of extreme paranoia and conservatism, several immigration attorneys I respect quite highly take the position that use of AP is something to be avoided. One attorney I know says he does not like position taken by our brethren in the bar that AP is "like candy."

I can't say that I disagree.

That said, those self-same attorneys believe that there is one circumstance where the person's position is arguably improved -- the VWP entrant.

Can't say that I disagree with that also.

No advice is given nor intended. But those lawyers are several who I really respect and are worth listening to.
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Old Jun 9th 2011, 12:27 am
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
Research my area was in reference to this post:

"meauxna
Have you researched how to approach your case based on where you live?

There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
I posted that because different immigration districts are handling VWP/AOS cases slightly differently from each other.

The question is more 'to file or not to file' but it seems you're past that.
All combined filings go to the one same address.
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Old Jun 9th 2011, 2:47 pm
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Default Re: VWP Entry and Adjustment of Status

Would I enter my children (hubby's step children) for number 17 on the I-130?

"List husband/wife and all children of your relative"
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Old Jun 9th 2011, 3:16 pm
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
Would I enter my children (hubby's step children) for number 17 on the I-130?
No. The question specifies: "... all children of your relative". You are not your relative... you are you!

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Old Jun 9th 2011, 3:23 pm
  #29  
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Default Re: VWP Entry and Adjustment of Status

All of this paperwork and I'm beginning to forget who I am...I just didn't know if step-children would be considered relatives of my relative
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Old Jun 9th 2011, 3:40 pm
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by ian-mstm View Post
No. The question specifies: "... all children of your relative". You are not your relative... you are you!

Ian
Notionally speaking, the petitioner's children are the beneficiary's step-children. That said, there would be "no harm, no foul" in this situation IMHO.
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