Adjustment of Status from F-1 to greencard

[Lexa]

Halp, anyone know anything about immigration laws/the immigration process? I'm hoping someone will know some of this shit.

I looked at the guide on VisaJourney and I'm still fucking confused.

I'm about to start the adjustment of status process to get my green card. I have a family member petitioner (spouse) and a financial sponsor. Having an immigration lawyer file for us is stupid expensive, so we're filing ourselves. I'm trying to understand; do I have this right?

- File I-130, with cover letter, birth certificate copy for the US citizen, marriage certificate copy, G-325A for the US citizen, G-325A for the intending immigrant, passport photos for both the citizen and immigrant, and evidence of a bona fide marriage (we have joint bank accounts, joint housing leases, sonograms of the human we're making together, and third-party affidavits).

- At the same time, in the same "package," we also file I-485, with cover letter, I-864s for both my financial sponsor and my spouse, tax returns for the last three years from the sponsor, copy of the birth certificate of the immigrant, copy of the immigrant's passport (every page), copy of the immigrant's I-94, passport photos of the immigrant, and another copy of the marriage certificate.



All of the above is sent together. What has me confused is this:

- Do I only send in one G-325A for myself? Or do I fill one out twice, once for the I-130, and once for the I-485?

- Do we need a copy of my I-864 financial sponsor's birth certificate to prove his citizenship?

- Sometime after the application is sent, I think I will get a message about going to see a civil surgeon for a medical exam, is this correct? And that's when I fill out and file form I-693 (since there are parts on that form that the civil surgeon needs to do)?

- Should I include photos (wedding, our years together, etc) in the application package along with the other evidence of a bona fide marriage, or are they only necessary to bring for the interview?



Awaiting comments about stealing American jobs.

[aurik]

Unfortunately the best way to go about this is to hire an immigration lawyer. There's so much paperwork to cut through and the requirements change every few years, and every time you make a mistake it's like 6 months wasted.

[Lexa]

Blergh, don't really have the money needed for a lawyer. The only competent one we could find is six hours away, and I've heard we should figure on spending several thousand dollars on one (when we're already spending over $2,000 in filing fees). Which is bull, in my opinion, when there's nothing wrong with filing yourself. I wish there was one in my area I could get a free consultation with, so I could just ask those questions and confirm we put everything together right. Once I know those, we should be good to file.

[aurik]

I know it sucks. But think of it this way: if you fuck up your green card application, thats like a 6 month+ delay in your ability to work. Is that worth a few grand? I guess it depends on your prospective job income.

Best of luck to you, I went through the visa hell for like 6 years, finally I just moved back to Canada so now I don't have to worry about it anymore.

[Lexa]

Eh, there's a lot of reasons why we really want to start the process now (it gets all mucked up cause of the kid, and our inability to move together to my country for a while, and file from there), but I don't think we can come up with the money for a lawyer (or a lawyer, for that matter) in that short a time. :/

[Kellanved]

Halp, anyone know anything about immigration laws/the immigration process? I'm hoping someone will know some of this shit.

I looked at the guide on VisaJourney and I'm still fucking confused.

I'm about to start the adjustment of status process to get my green card. I have a family member petitioner (spouse) and a financial sponsor. Having an immigration lawyer file for us is stupid expensive, so we're filing ourselves. I'm trying to understand; do I have this right?

- File I-130, with cover letter, birth certificate copy for the US citizen, marriage certificate copy, G-325A for the US citizen, G-325A for the intending immigrant, passport photos for both the citizen and immigrant, and evidence of a bona fide marriage (we have joint bank accounts, joint housing leases, sonograms of the human we're making together, and third-party affidavits).

- At the same time, in the same "package," we also file I-485, with cover letter, I-864s for both my financial sponsor and my spouse, tax returns for the last three years from the sponsor, copy of the birth certificate of the immigrant, copy of the immigrant's passport (every page), copy of the immigrant's I-94, passport photos of the immigrant, and another copy of the marriage certificate.



All of the above is sent together. What has me confused is this:

- Do I only send in one G-325A for myself? Or do I fill one out twice, once for the I-130, and once for the I-485?

- Do we need a copy of my I-864 financial sponsor's birth certificate to prove his citizenship?

- Sometime after the application is sent, I think I will get a message about going to see a civil surgeon for a medical exam, is this correct? And that's when I fill out and file form I-693 (since there are parts on that form that the civil surgeon needs to do)?

- Should I include photos (wedding, our years together, etc) in the application package along with the other evidence of a bona fide marriage, or are they only necessary to bring for the interview?



Awaiting comments about stealing American jobs.

If you have the time, the resources and are generally capable of following step by step instructions, an attorney is not really needed for completing the application process. The application process is often time consuming, depending, and involves dealing with a lot of paper work as you’ve seen. You have to be prepared for that.

Internet access will be essential for obtaining forms, instructions, status, and making any necessary payments. It would be advisable to keep a diligent record of every document involved in the process. You will likely want to make regular inquiries as to the status of your application at the national visa center as the process moves along.

To address your immediate question, these links to the US department of state and the USCIS are really the proper place to start. I’m not sure if that was your starting point?

http://travel.state.gov/visa/immigra...ants_1340.html
http://travel.state.gov/visa/immigra...ypes_1326.html
http://www.uscis.gov/portal/site/uscis

The forms you have to complete generally come with their respective instructions. It’s a good idea to take a look at them.

- Do I only send in one G-325A for myself? Or do I fill one out twice, once for the I-130, and once for the I-485?

Since you’re filing I-130 (request for the visa petition) and I-485 (Application to adjust your status) then yes, per the instructions on I-485 you need to complete a G-325A for YOU. Per the instructions for the I-130 you need to complete a G325A for YOU and YOUR SPOUSE. (and besides, it costs you nothing to have redundant G325As on file)

I-130 instructions: http://www.uscis.gov/files/form/i-130instr.pdf
I-485 instructions: http://www.uscis.gov/files/form/i-485instr.pdf

- Do we need a copy of my I-864 financial sponsor's birth certificate to prove his citizenship?
Per the instructions of the I-864, yes you do.

I-864 instructions: http://www.uscis.gov/files/form/i-864instr.pdf

Your other questions are more prospective and general. With respect to photo question, obviously the more evidence you can provide to substantiate your relationship claim, the better. (Though they may only be necessary for the interview) With respect to the medical examination issue, just follow the instructions that they will provide to you after your initial petition and application has gone through.

I’ve no familiarity with this VisaJourney site, but it sounds like that guide is just giving you the overall steps you’ll have to take. The application process is a step by step process though. First you do A then wait for instructions, then you do B and so on and so forth. Following the instructions is essential.

An immigration attorney is mostly desirable where the validity of your claims is questionable, (i.e, your marital/relationship status) or where you’d rather just not deal with the application process personally. Otherwise, it’s quite possible to navigate the process personally.

[Lexa]

- Do I only send in one G-325A for myself? Or do I fill one out twice, once for the I-130, and once for the I-485?

Since you’re filing I-130 (request for the visa petition) and I-485 (Application to adjust your status) then yes, per the instructions on I-485 you need to complete a G-325A for YOU. Per the instructions for the I-130 you need to complete a G325A for YOU and YOUR SPOUSE. (and besides, it costs you nothing to have redundant G325As on file)

- Do we need a copy of my I-864 financial sponsor's birth certificate to prove his citizenship?
Per the instructions of the I-864, yes you do.

I-864 instructions: http://www.uscis.gov/files/form/i-864instr.pdf

You are an hero. I'd found the forms, but not the instructions. Also discovered one of the forms was an old edition, so I found the new one! :D Thank you so much!

[Jefe]

Get an immigration lawyer, if you make a mistake it will cost you greatly because they don't give a fuck. We're talking about deportation here + unable to apply for a visa for bout 10 years or even worse miss your chance to become resident/citizen . The immigration laws are incredibly complex for a reason, but there are centres that help you out at least w/ some guidance. I've volunteered for MALDEF (Mexican American Legal Defense & Education) and seen this ALL the time (this is assuming you're living here already).

[Lexa]

We're talking about deportation here + unable to apply for a visa for bout 10 years or even worse miss your chance to become resident/citizen .

The deportation/ban only comes into effect when the starting point is an illegal presence in the US, either via entering illegally, visa fraud, or more than a certain number of months overstay on an expired visa, none of which apply to me (entered legally, no visa fraud, my F-1 is still valid). If they shoot my application down, I'll have to leave the country, but I can appeal it.

[takethistoyourgrave]

I will absolutely, strongly advise AGAINST hiring a lawyer.

I did everything for my wife's K-1 visa, and then adjustment to greencard, and then adjustment to 10-year greencard. If you follow the instructions, it is EASY. Just follow everything EXACTLY, and then show somebody else the whole packet, and have their fresh eyes go over it.

Lawyers in this case are a complete and gross waste of money. Especially for something a simple as change of status, you will not need a lawyer.

As for your questions regarding your exact situation, ask them on VisaJourney. You will get the answers quick from people who have been in your exact situation. VisaJourney was the best thing ever in getting my wife over here from Japan.

Also, simple mistakes will NOT get you a deport or a ban--- the notion is just silly. Often times people make mistakes on these applications (which is why I say to have someone else go over it with a fresh set of eyes), but in the end they will just send your shit back and say it didn't pass the test, tell you why, and ask you to try again with your petition corrected.

[Ksandra]

I'd like to point out too you can contact your embassy here and they can answer a lot of your questions.

[edit] and ya I've had a bunch of my family come here and none had a lawyer lol. Don't think it's necessary unless it's some retarded situation where you were here on a working visa and got laid off but don't want to leave. Normal situations shouldn't need one.

[Lexa]

I'd like to point out too you can contact your embassy here and they can answer a lot of your questions.

I derped my way right past this option.

Thanks for the advice, everyone! :D

[MaachaQ]

The deportation/ban only comes into effect when the starting point is an illegal presence in the US, either via entering illegally, visa fraud, or more than a certain number of months overstay on an expired visa, none of which apply to me (entered legally, no visa fraud, my F-1 is still valid). If they shoot my application down, I'll have to leave the country, but I can appeal it.

I went through this process for my husband several years ago. His VISA was expired, but we had relatively little trouble getting his status cleared and the green card issued. We happened to be consulting a lawyer for something else at the time (a hospital mess up that caused one of our children's births not to have been paid for by insurance), and got a bit of advice from said lawyer before turning in our forms.

Yes, the process is complicated, but it sounds like you have everything you need. The interview was fast and easy (we brought both our children), don't let yourself get overly stressed about it. The hardest part of the process is waiting on your forms to be processed. They will give you a case number which you can check on their website to find out how far along your application is.

Green Card aside, we ended up having to move to my husband's country in order for him to find work >.> We lived in Michigan near the beginning of all the financial crazyness that we're still not out of, so he couldn't even get any interviews, let alone jobs. I shudder to think of needing to go through all the green card crap again if/when we decide to move back to the states... I bet the green card is nearly expired already...

[takethistoyourgrave]

I went through this process for my husband several years ago. His VISA was expired, but we had relatively little trouble getting his status cleared and the green card issued. We happened to be consulting a lawyer for something else at the time (a hospital mess up that caused one of our children's births not to have been paid for by insurance), and got a bit of advice from said lawyer before turning in our forms.

Yes, the process is complicated, but it sounds like you have everything you need. The interview was fast and easy (we brought both our children), don't let yourself get overly stressed about it. The hardest part of the process is waiting on your forms to be processed. They will give you a case number which you can check on their website to find out how far along your application is.

Green Card aside, we ended up having to move to my husband's country in order for him to find work >.> We lived in Michigan near the beginning of all the financial crazyness that we're still not out of, so he couldn't even get any interviews, let alone jobs. I shudder to think of needing to go through all the green card crap again if/when we decide to move back to the states... I bet the green card is nearly expired already...

If you have been out of the country for over 1 year (2 years if you filed special paperwork before leaving), they probably won't let him back in the USA on the greencard even if it isn't expired

This might be a very real possibility for me eventually as well, as we plan to move to Japan for a while but eventually come back to the USA years or decades later. I don't really mind the whole filing thing, but the cost is just sick.

[Jakson]

Slightly OT, but can anyone point me to requirements of DV-1 winners after they've come to the US? I can only find the instructions after they are selected.

[Jefe]

The deportation/ban only comes into effect when the starting point is an illegal presence in the US, either via entering illegally, visa fraud, or more than a certain number of months overstay on an expired visa, none of which apply to me (entered legally, no visa fraud, my F-1 is still valid). If they shoot my application down, I'll have to leave the country, but I can appeal it.

Not true at all. If an individual crossed the US border clandestinely they can ask for an expungement to have the "illicit" action "erased." In contrast, a person who entered the US legally and forgot to renew, made a mistake, fill in the blank excuse can and will get deported. If you only knew the number of cases like yours that went south lol... I would strongly advice you to seek professional help, don't risk your status w/ a bunch of personal anecdotes. Good luck.

[MaachaQ]

If you have been out of the country for over 1 year (2 years if you filed special paperwork before leaving), they probably won't let him back in the USA on the greencard even if it isn't expired

This might be a very real possibility for me eventually as well, as we plan to move to Japan for a while but eventually come back to the USA years or decades later. I don't really mind the whole filing thing, but the cost is just sick.

Ugh, the cost, yeah. They doubled the fees while we were already in process of filing, pretty sure we got in just under the wire back then. I'm hoping if/when we do decide to move back the process will be easier since he did have a green card before, even if it has expired. Sucks to have spent as much money as we did for him not to find any work at all... He applied outside our area too, was looking for work for months after the green card came through. The last straw was when my parents (whose house we were staying in with plans to buy it from them when they bought a smaller house nearby) both got laid off. After moving to Korea, my husband had a job within a couple months, there are much better schools here, much better health care, etc. I seriously doubt we'll be moving back to the states anytime soon...

[Lexa]

Not true at all. If an individual crossed the US border clandestinely they can ask for an expungement to have the "illicit" action "erased." In contrast, a person who entered the US legally and forgot to renew, made a mistake, fill in the blank excuse can and will get deported. If you only knew the number of cases like yours that went south lol... I would strongly advice you to seek professional help, don't risk your status w/ a bunch of personal anecdotes. Good luck.

In both your scenarios, the person is still here illegally. I'm not. I could potentially trigger a deportation if my interview goes REALLY bad and my AOS gets rejected, but then I could still go home and apply for a CR-1 from there, because there's no ban in effect. The only reason we're going with an AOS over a CR-1 is because of the kid.

In any case, legal help is still out of the question for a number of reasons, no matter how helpful it may or may not be.

[takethistoyourgrave]

Just want to echo that there are very, very few cases that "go south" for people who follow the law and file appropriately and on time.

If someone was in the country illegally (due to expiration or otherwise), then sure, I would advise them to seek legal counsel.

[Stiker]

I would wager that you are already ahead of the game by not being latina, Lexa.

In all seriousness, if you take your time, you should be in good shape. I think going to your embassy would definitely be a huge help too as they might be able to get you a legal resource pro bono to confirm you are doing everything right.

Best of luck!