What's the package for adjustment of status?

R

Rose_uw

Registered Users (C)
Hi everybody,

I have a question regarding the application for adjusment of status! I came to US as a visitor 2.5 months ago. My I-94 expires on Jan 28 and I'm getting married on Jan 12. I'm going to apply for adjustment of status before my I-94 expires. I have been searching to find out what kind of forms I need to fill out and submit. As far as I understand I need to fill out and mail these forms as a package; I-130, I-765, I-485, I-864 and I-693, am I right? Am I missing something?
Another question is that if I need to send I-693 along with other forms or it can wait, as I'm not sure the result of all medical examinations would be ready by the time I'm going to apply.

I really appreciate any comment and help.
 
Hi Rose, you have pretty much everything in your list except advance parole (I-131) which will allow you to travel while your application is pending. You can follow this step by step guide. Of course you also need a bunch of initial evidence to send with the forms (the forms are the easy part of the process). This would include your translated foreign birth certificate and evidence of bona fide marriage for example.

You need to send I-693 with the package, but if you don't send it, most probably your case will not be denied but instead you'll receive an RFE (request for evidence) so you should probably file anyway before your status expires. But you should be able to get your medical done within 3 weeks!

Also, be sure to understand you entered on a visa that required nonimmigrant intent. You now have immigrant intent and need to be able to prove you had nonimmigrant intent when you entered. In particular, familiarize yourself with the 30-60-90 rule.

Good luck!
 
austriacus thanks a lot for the detailed information and the link. I know that my main challenge is to prove that I didn't enter the states with the intent of getting married! I just hope that I can convince them otherwise I would be in big trouble.
 
Rose_uw said:
austriacus thanks a lot for the detailed information and the link. I know that my main challenge is to prove that I didn't enter the states with the intent of getting married! I just hope that I can convince them otherwise I would be in big trouble.
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Well, did you?
 
Yes I had an interview before approval ... I suppose this is still confusing in my signature? Maybe because I left out "IL received" which happenend some time during my vacation so I have no exact date.
 
GrandSportC3 said:
Everyone who got a green card through a family member.. When I got my green card, it was employer sponsored and I didn't have to have an interview. However, when I became a citizen, I did have an interview..
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Well, this IS the family based sub-forum... BUT not all family based GCs require an interview, most of them do for spouses, but hardly ever for parents and children.
 
PraetorianXI said:
Well, this IS the family based sub-forum... BUT not all family based GCs require an interview, most of them do for spouses, but hardly ever for parents and children.
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Talking about the interview... My wife's GC interview is in a few weeks.. We now have to get all the documents etc. together..
 
PraetorianXI said:
Prove it! :cool: (i am just testing you, before USCIS does.)
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Well, right now the only document I have is my return ticket which date was end of November (4 weeks after my entery) and then I changed it to Jan 26 (2 days before my I-94 expires).
But I have one more concern, I came to the States as visitor under visa waiver program. I read somewhere that people who come here under visa waiver program can NOT change their status at all. That really concerns me.
Does any body know anything about this?
 
Rose,

it is generally true that people admitted under the VWP cannot adjust status, however, immediate relatives of US citizens (e.g. spouse) are exempt from this. Since you are applying approx. 90 days after you entered, according to the 30-60-90 day rule USCIS would assume you have had time to change your intent unless proven otherwise. However, at your interview you'll be asked detailed questions about when you met and when and why you decided to get married (everyone gets asked these).
 
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austriacus,
Thanks again for your help and information. I really appreciate it :-)
 
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