Complicated Case
Dec 18th 2001, 7:37 pm
#1
Just Joined
Thread Starter
Joined: Dec 2001
Posts: 16
Hi All,
I am an international student married to a US citizen. We've been married for about 4 months now, and I'm going to apply for permanent residence.
By way of reading web material and talkign with a lot of people, I have been told that its a 3-step process:
1. Status Change
Forms: 130, 485, 325 [For both of us], 693, 864, and 9003.
Docs: 2 Passport pictures[for both], W2 1998-2000[For her], Birth Cert[for both], Marriage cert, Copy of Visa [for me].
2. Employment Auth
Form and Passport pics
3. Travel Auth
Form and Pics
Now, after filling and signing all thse forms, is there anything else that is needed? Are there any other documents that we would need to provide? Would I need my I-20 or does the Visa suffice? I have not taken full 12 credits for over 6 months, does this mean I have been out of status for the whole time? What effect will this have on the process? Will I have to leave the country?
Any advice, insight would be helpful. Thanks.
Dean
I am an international student married to a US citizen. We've been married for about 4 months now, and I'm going to apply for permanent residence.
By way of reading web material and talkign with a lot of people, I have been told that its a 3-step process:
1. Status Change
Forms: 130, 485, 325 [For both of us], 693, 864, and 9003.
Docs: 2 Passport pictures[for both], W2 1998-2000[For her], Birth Cert[for both], Marriage cert, Copy of Visa [for me].
2. Employment Auth
Form and Passport pics
3. Travel Auth
Form and Pics
Now, after filling and signing all thse forms, is there anything else that is needed? Are there any other documents that we would need to provide? Would I need my I-20 or does the Visa suffice? I have not taken full 12 credits for over 6 months, does this mean I have been out of status for the whole time? What effect will this have on the process? Will I have to leave the country?
Any advice, insight would be helpful. Thanks.
Dean
Dec 18th 2001, 8:15 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,388
[QUOTE]Originally posted by Deanjay
[B]Hi All,
I am an international student married to a US citizen. We've been married for about 4 months now, and I'm going to apply for permanent residence.
By way of reading web material and talkign with a lot of people, I have been told that its a 3-step process:
1. Status Change
Forms: 130, 485, 325 [For both of us], 693, 864, and 9003.
Docs: 2 Passport pictures[for both], W2 1998-2000[For her], Birth Cert[for both], Marriage cert, Copy of Visa [for me].
--------------
It has been reported that the 9003 is no longer required. As for the W-2's they are not sufficient. She will need the complete tax return with the W-2 or the official IRS tax transcript for the last three years. This can be ordered over the phone and takes about 10 days to receive.
It is not a passport photo but an ADIT photograph that you will need.
---------------------
2. Employment Auth
Form and Passport pics
3. Travel Auth
Form and Pics
Now, after filling and signing all thse forms, is there anything else that is needed? Are there any other documents that we would need to provide? Would I need my I-20 or does the Visa suffice? I have not taken full 12 credits for over 6 months, does this mean I have been out of status for the whole time? What effect will this have on the process? Will I have to leave the country?
-------------------
Don't know what an I-20 is. Usually a copy of the visa and I-94 from your passport is sufficient. Technically you are out of status and your situation should have been reported to INS by the school. They are notorious for not doing so. If you have not been reported then your status automatically changes to "pending AOS" once you have filed and any overstay stops. 179 days is the cutoff; 180 days and over means you can be banned from re-entering the US for a number of years. But since your I-94 should say "D/S" on it, there are people here who claim you are safe. Do not leave the country if you are in an overstay position. You can adjust successfully while here but your wife would have to apply for a hardship waiver if you leave and are banned.
You can check out the Doc Steen I-130/I-485 site listed below.
Rita
[B]Hi All,
I am an international student married to a US citizen. We've been married for about 4 months now, and I'm going to apply for permanent residence.
By way of reading web material and talkign with a lot of people, I have been told that its a 3-step process:
1. Status Change
Forms: 130, 485, 325 [For both of us], 693, 864, and 9003.
Docs: 2 Passport pictures[for both], W2 1998-2000[For her], Birth Cert[for both], Marriage cert, Copy of Visa [for me].
--------------
It has been reported that the 9003 is no longer required. As for the W-2's they are not sufficient. She will need the complete tax return with the W-2 or the official IRS tax transcript for the last three years. This can be ordered over the phone and takes about 10 days to receive.
It is not a passport photo but an ADIT photograph that you will need.
---------------------
2. Employment Auth
Form and Passport pics
3. Travel Auth
Form and Pics
Now, after filling and signing all thse forms, is there anything else that is needed? Are there any other documents that we would need to provide? Would I need my I-20 or does the Visa suffice? I have not taken full 12 credits for over 6 months, does this mean I have been out of status for the whole time? What effect will this have on the process? Will I have to leave the country?
-------------------
Don't know what an I-20 is. Usually a copy of the visa and I-94 from your passport is sufficient. Technically you are out of status and your situation should have been reported to INS by the school. They are notorious for not doing so. If you have not been reported then your status automatically changes to "pending AOS" once you have filed and any overstay stops. 179 days is the cutoff; 180 days and over means you can be banned from re-entering the US for a number of years. But since your I-94 should say "D/S" on it, there are people here who claim you are safe. Do not leave the country if you are in an overstay position. You can adjust successfully while here but your wife would have to apply for a hardship waiver if you leave and are banned.
You can check out the Doc Steen I-130/I-485 site listed below.
Rita
Dec 19th 2001, 2:29 am
#3
Guest
Posts: n/a
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Depending where you are filing, you may want to check whether the local INS requires
filing the medical exam. I didn't turn in mine because I thought by the time it's the
interview, I may have to retake the exam. Hopefully everything went ok.
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I only provided copy of the visa and the I-20. Once you file the paperwork, being
out-of-status is not so important anymore.
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Depending where you are filing, you may want to check whether the local INS requires
filing the medical exam. I didn't turn in mine because I thought by the time it's the
interview, I may have to retake the exam. Hopefully everything went ok.
>
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I only provided copy of the visa and the I-20. Once you file the paperwork, being
out-of-status is not so important anymore.
Dec 19th 2001, 10:34 am
#4
Guest
Posts: n/a
asg wrote:
[usenetquote2]> > Now, after filling and signing all thse forms, is there anything else that is[/usenetquote2]
[usenetquote2]> > needed? Are there any other documents that we would need to provide? Would I need[/usenetquote2]
[usenetquote2]> > my I-20 or does the Visa suffice? I have not taken full 12 credits for over 6[/usenetquote2]
[usenetquote2]> > months, does this mean I have been out of status for the whole time? What effect[/usenetquote2]
[usenetquote2]> > will this have on the process? Will I have to leave the country?[/usenetquote2]
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IF the last I-94 the original poster had said "D/S" for the expiration date on
it, then he cannot be judged out of status except by an immigration court. If it
had a date, then he is out of status using that date for guideline of when.
Usually they use D/S.
You will not have to leave the US no matter which you are, as once you file AOS, you
are back in status as "pending adjustment." You may want to consider attorney
consultation before leaving the US on AP, however, as since 9/11 I think everyone
should double check things a bit more closely.
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,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
[usenetquote2]> > Now, after filling and signing all thse forms, is there anything else that is[/usenetquote2]
[usenetquote2]> > needed? Are there any other documents that we would need to provide? Would I need[/usenetquote2]
[usenetquote2]> > my I-20 or does the Visa suffice? I have not taken full 12 credits for over 6[/usenetquote2]
[usenetquote2]> > months, does this mean I have been out of status for the whole time? What effect[/usenetquote2]
[usenetquote2]> > will this have on the process? Will I have to leave the country?[/usenetquote2]
>
>
>
IF the last I-94 the original poster had said "D/S" for the expiration date on
it, then he cannot be judged out of status except by an immigration court. If it
had a date, then he is out of status using that date for guideline of when.
Usually they use D/S.
You will not have to leave the US no matter which you are, as once you file AOS, you
are back in status as "pending adjustment." You may want to consider attorney
consultation before leaving the US on AP, however, as since 9/11 I think everyone
should double check things a bit more closely.
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,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
Dec 20th 2001, 4:24 am
#5
Just Joined
Thread Starter
Joined: Dec 2001
Posts: 16
Do I have to explicitly tell them that I am out of status? Like would I have to write a separate explanation stating how long I have been out of status and why?
