Right steps to get Green Card inside the US

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silviatevini

Registered Users (C)
I'm a French citizen, and I'm in the US under the B2 Visa (tourist visa).
I'm going to get married within a month here in the US with my boyfriend, a US citizen.
Then, I'm going to apply for the Green Card to become a permanet resident.
We're reading carefully the USCIS website, but we would like to get a confirmation of the procedure to get the Green Card inside the US.
Here the steps we understood:

- we file form I-485 (Application to Adjust Status) and the form I-130 (Petition for Alien Relative) at the same time
- we sent these form to USCIS, with the fees ad with the form G-325A (Biographic Data Sheet), a copy of the marriage certificate, and passport style photos
- we wait for the form I-797 (Notice of Action) that approved our documents
- when they call me, I will go do the interview to get fingerprints (biometrics collection) and medical examination
- I will wait to receive all paperwork with final decision

Are these steps right?

Two more questions:
- How long does it take to get a Green Card?
- When I can start to work here in the US? I know I have to filling the form I-765 (Application for Employement Authorization), but when can I filling it? And how does it take to be approved?

Please, anyone so kind to help us?
Thank you very much.
 
First of all, as a French passport holder, did you enter on a Visa Waiver or an actual visa? It makes a BIG difference. In either even, you MAY be accussed of hiding your immigrant intent, labeled as having committed fraud and rerquired to file an extra form (I-601) for a waiver under INA 212(i) which could be denied.

That said...

The I-130, I-485, I-1765, and I-131 are ALL filed concurrently along with required evidence as indicated in the form istructions. As soon as you have the receipt notices, you could work and any unlawful enmployment would be forgiven as an Immediate Relative of a USC, BUT if you do not yet have a social security number, no decent employer would hire you at that point. An EAD (work authorization) could take up to 3 months to come in the mail (or so they say on the website).
 
You have to do the medical examination and also mail in form I-693 with your AOS application. You can find the USCIS civil surgeon on the USCIS website. This is important as they only accept physicians who are allowed to do medical examinations for green card. Hope this helps
 
BigJoe5 said:
First of all, as a French passport holder, did you enter on a Visa Waiver or an actual visa? It makes a BIG difference. In either even, you MAY be accussed of hiding your immigrant intent, labeled as having committed fraud and rerquired to file an extra form (I-601) for a waiver under INA 212(i) which could be denied.

That said...

The I-130, I-485, I-1765, and I-131 are ALL filed concurrently along with required evidence as indicated in the form istructions. As soon as you have the receipt notices, you could work and any unlawful enmployment would be forgiven as an Immediate Relative of a USC, BUT if you do not yet have a social security number, no decent employer would hire you at that point. An EAD (work authorization) could take up to 3 months to come in the mail (or so they say on the website).
Click to expand...

Thank you for the answers.

I have a B2 visa stamp on my passport.
So do I need to file the extra form (I-601) like you said?
Do I need to file also the Form I-131?
The USCIS website don't mention anything about that..

After the application process, will I get the work authorization EAD before the Green Card?
 
silviatevini said:
Thank you for the answers.

I have a B2 visa stamp on my passport.
So do I need to file the extra form (I-601) like you said?
Do I need to file also the Form I-131?
The USCIS website don't mention anything about that..

After the application process, will I get the work authorization EAD before the Green Card?
Click to expand...

You do not file for that waiver unless they ask for it. The I-485, I-765 and I-131 are all included in ONE PRICE and they will issue a combined EAD and Advance Parole card for both work and travel. IF you travel without advance parole the I-485 is abandonded and you can't re-enter until you get your Immigrant Visa abroad.
 
Allright, I understood. Thanks.

Last question:
Do you think it would be better (usefull) if we hire an immigration attorney?
We don't want to mess up with the law, but on the other hand some people told us they are expensive for what they do, because they just help to file forms and that's it.

By the way, do you know what's the average price we have to pay for an attorney who can assist us?
 
silviatevini said:
Allright, I understood. Thanks.

Last question:
Do you think it would be better (usefull) if we hire an immigration attorney?
We don't want to mess up with the law, but on the other hand some people told us they are expensive for what they do, because they just help to file forms and that's it.

By the way, do you know what's the average price we have to pay for an attorney who can assist us?
Click to expand...

One another thing you are missing with the package is I-864. This is an Affidavit of Support which your boyfriend or any other sponsor will need to fill out for you. And depending on the sponsors household size, his/her income should be sufficient to support you during your stay as LPR. If you don't submit it along with the AOS package, you might receive a RFE which can delay the process until you submit it.

Apart from that you should all be good. As for hiring an attorney, it is entirely up to you if you can afford it. Most of them charge an upward of $1000 and yes all they do is fill out the forms for you. As there are not much complications in your case you should be fine without a lawyer too, but make sure you get your forms reviewed once from an attorney.
I submitted my AOS package through someone who is not a lawyer but is experienced in filing family based immigration petitions. She filled out all our forms and submitted them on our behalf. Her fees was only $250. There was a lot of back and forth between us for the documents, but once filed I was assured that everything was submitted fine as I never received a RFE.
Hope this helps and good luck!
 
Sylvia, it may not look like it right now, but your case is straightforward, you were inspected at POE and are marrying to USC.
I would not use a lawyer, the general experience in this forum is that a lawyer is not necessary unless your case is complicated.
Another thing it has not been mentioned is how long you have been in the US, is it more than 30/60/90 days?
the presumption of immigrant intent is something you should consider before marrying, research "30/60/90 rule"
 
Induz, JMG1010, thanks for your help.

@Induz:
How did you find someone who is not a lawyer but is experienced in filing family based immigration petitions?
So it took about 4 months to get a green card?

@JMG1010:
My situation: I came in FL for the first time in 2007 (F student visa) to attend English classes. Then I came here again just for vacation in 2009 (Visa Waiver Program) and I met him. Last year he came in Europe for a while, then I came in FL again for almost 90 days under the Visa Waiver Program. Then few months ago I did apply for a B2 visa, and here I am. Now we want to get married.
Can you tell me something more about the 30/60/90 rule? Never heard about it.. What does it mean?
 
silviatevini said:
Induz, JMG1010, thanks for your help.

@Induz:
How did you find someone who is not a lawyer but is experienced in filing family based immigration petitions?
So it took about 4 months to get a green card?
Click to expand...

@silviatevini - The person who filed the papers has also filed the papers for my wife long time ago. Long story short - she is someone whom I came to know about through my wife grandmother - who had petitioned my mother-in-law and that's how my wife came along. Basically she is the one who had filed for everyone in my wife's family. She's based out of Los Angeles and I corresponded with her mostly by email and sent her all the documents. I am not sure if I could've found her myself had she not been known to my wife's family.
And the timelines for getting a green card vary with each case. Usually for AOS, the USCIS targets 6 months from the date of receipt of the application. It may take more or less than that time. Yours looks like a straightforward case too and should take the average processing time.
Let me know if you need to know anything else.
 
silviatevini said:
Then few months ago I did apply for a B2 visa, and here I am. Now we want to get married.
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Did you mention having a fiance in the US when you applied for the visa? The visa application form asks about that. Depending on how long ago you applied for the visa, it could look suspicious for you to get married and remain in the US to immigrate, if a short while ago you claimed you didn't have a fiance.
 
Thanks Induz, very helpful.
I think we will get the forms reviewed once from an immigration attorney. Do you know what is the fee for that service?

Jackolantern said:
Did you mention having a fiance in the US when you applied for the visa? The visa application form asks about that. Depending on how long ago you applied for the visa, it could look suspicious for you to get married and remain in the US to immigrate, if a short while ago you claimed you didn't have a fiance.
Click to expand...

There was a question in the DS-160 Form asking about fiance, but I didn't mention anything.
Until few months ago we were not sure about getting marriage. Well, honesty in my heart I wanted, but as you can imagine, it's a kind of thing that needed to talk face-to-face. That's why I thought it would be better not mention anything and besides during the interview they didn't ask about it.
Do you think I'm going to be in trouble?
 
Hey fellow french! I just mailed my I-130 and I-485 package last weekend. I prepared it all by myself and had it reviewed by an attorney to be safe. She made sure everything looked ok and advised us on a few things to change. The cost was $500. If you have time to work on your case, I'd advise it, rather than having someone representing you and doing it all for you.
 
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