cowall

hello everyone! i just wanted to thank you all for this great forum, i have gotten alot of information (as you all know the ins website isn't much help), but i'm still nervous as the ins is scary! I am a USC and just married a wonderful irishman. He entered on the VWP and we decided to get married here, now we must try to get AOS and are really nervous. He has visited me here three times this year so i hope that proves we are a real married couple, i also lived with him in ireland for six months. i am terrified they will give us a hard time but thanks to this forum i think i can face the giant that is ins. thank you guys!

also, anyone have recent stories about texas service centers? our local field office is san antonio.

Des

Hi there,

are you both living together in the US? Or are you still living in different
countries ? You can only file for AOS if both of you are filing in the US, otherwise
you should file for an immigrant visa with the local US embassy... *just confused
because you said he "visited you three times this year"*

- Des

Rete

Your post is a bit confusing.

If he is here in the US, you would file at the local INS office. If he has returned to Ireland, you would file at the Service Center.

It is early on a holiday morning, but I thought you could do direct consular filing in Ireland? If so, why didn't you do that when you were living in Ireland?

Rete

cowall

hey rete, he is here with me in the US now. when i was living in ireland we were not engaged, only "boyfriend and girlfriend". we just got married here, he entered on VWP (yes i know alot of people on here don't agree with that), we have been engaged for a couple of months and decided to get married here so now we will try for AOS, if we are denied i guess we'll just move back to ireland, i had to come back here to finish my last year of college. thanks for your response! you seem to know alot about this stuff!


p.s. what's it like to live in new york??sounds cool

cowall

des, thanks for your reply, we are both here in the US, i guess technically he is not "living" here because he has not been approved for residency yet. we are going for AOS but if denied we will go back to ireland.

Mrtravel

cowall wrote:
    > des, thanks for your reply, we are both here in the US, i guess technically he is
    > not "living" here because he has not been approved for residency yet. we are going
    > for AOS but if denied we will go back to ireland.

Can he remember what happened at the Point of Entry (POE)? Did they ask him about a
job or anything?

Rete

Since he is here and if he doesn't have a criminal record and didn't out and out lie at the POE when entering there is no reason why he can't stay and file for adjustment of status. You would file the I-130 for him and at the same time he files the I-485. Along with that you need to complete an affidavit of support (I-864) and support that with three years of past tax returns and the latest one must show that you earn enough to cover the 125% of the poverty guidelines for a family your size (assuming two people here). If you can't do it, someone else can be his financial sponsor. If he wants to work, he files the I-765 for the EAD card and if he wants to travel outside of the US and return without having his petitions considered abandoned he needs for I-131 for advance parole. To finish it off, he needs an INS medical by an approved doctor of the INS. See the DocSteen site after my signature for I=130/I-485 help.

Rete