Hello and (of course) HELP!!!

[Larry08 0]

I have just spent all day trying to put together a package for my wife. I would certainly appreciate it if someone could review our cover letter and see if it is sufficient and if I have included everything required. We have been married for over two years, living outside the US, and this is our second visit to the US.

thanks for any help, Larry

I couldn't attach it so I just copied and pasted it below.

May 24, 2008

Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing, ORIGINAL SUBMISSION

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120

Subject: Application for Change of Status

On March 14, 2008, my wife (a Philippine citizen) and I returned to the US from the Philippines. She was and still is traveling with a Philippine passport and a US Visitor’s visa (I-94 attached). However, due to family considerations regarding my mother, we have decided to stay in the US.

I am enclosing the below listed forms and information in an effort to obtain an immigrant visa for her.

Sincerely,

Laurence A. Ryan

7645 Atwood Drive

Wesley Chapel, FL 33545

Contents:

1. Applicable fees

a. Form I-130: $355

b. Form I-485: $930.00 (I-485) + $80.00 (Biometrics) = $1010.00

c. Total: $1365.00

2. Form I-130: Petition for Alien Relative

3. Petitioner’s proof of US citizenship: US Passport (3 pages)

4. Petitioner’s Abstract of Record of Birth

5. Judgment granting Dissolution of Marriage between Petitioner and Sally L. Ryan, dated March 17, 1988.

6. Decree granting Absolute divorce between petitioner and Chun Ye Ryan, filed March 24, 1998.

7. Copy of 2006 IRS Form 1040A showing Joint filing status.

8. Copy of Immigrant’s DD Form 1173 showing relationship to Petitioner

9. Form G-325A: Biographic Information (Petitioner) (4 pages)

10. One passport size photo of the petitioner

11. Form I-485: Application to Register Permanent Residence or Adjust Status

12. Two passport size photos of the Non US Spouse

13. Copy of Applicant’s passport showing biographical page

14. Copy of Applicant’s passport showing rear of I-94, previous entry and exit stamps and Applicant’s Visitor’s Visa

15. Copy of Applicant’s passport showing front of I094 and Visitor’s Visa

16. Copy of Applicant’s birth certificate

17. Copy of marriage certificate

18. Form G-325A: Biographic Information (4 pages)

19. One passport size photo of Applicant

20. Form I-864: Affidavit of Support with Check-List (9 pages)

21. Copy of Bank Statement showing Civil Service Retirement and VA Disability Payment and Joint Owner status with Spouse (Principal Immigrant) (2 pages)

22. Copy of 2007 Income Tax form 1040A (2 pages)

23. Copy of 2007 Statement of Annuity Paid from OPM

24. Form I-864: Application for Employment Authorization with photographs. (No fee required)

[Dakine 26]

Info looks good!

Hope you can pull it off.

I imagine they will deny it and make you go thru the normal spouse visa process.

[Heliosphan 1]

I have just spent all day trying to put together a package for my wife. I would certainly appreciate it if someone could review our cover letter and see if it is sufficient and if I have included everything required. We have been married for over two years, living outside the US, and this is our second visit to the US.

thanks for any help, Larry

I couldn't attach it so I just copied and pasted it below.

May 24, 2008

Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing, ORIGINAL SUBMISSION

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120

Subject: Application for Change of Status

On March 14, 2008, my wife (a Philippine citizen) and I returned to the US from the Philippines. She was and still is traveling with a Philippine passport and a US Visitor’s visa (I-94 attached). However, due to family considerations regarding my mother, we have decided to stay in the US.

I am enclosing the below listed forms and information in an effort to obtain an immigrant visa for her.

Sincerely,

Laurence A. Ryan

7645 Atwood Drive

Wesley Chapel, FL 33545

Contents:

1. Applicable fees

a. Form I-130: $355

b. Form I-485: $930.00 (I-485) + $80.00 (Biometrics) = $1010.00

c. Total: $1365.00

2. Form I-130: Petition for Alien Relative

3. Petitioner’s proof of US citizenship: US Passport (3 pages)

4. Petitioner’s Abstract of Record of Birth

5. Judgment granting Dissolution of Marriage between Petitioner and Sally L. Ryan, dated March 17, 1988.

6. Decree granting Absolute divorce between petitioner and Chun Ye Ryan, filed March 24, 1998.

7. Copy of 2006 IRS Form 1040A showing Joint filing status.

8. Copy of Immigrant’s DD Form 1173 showing relationship to Petitioner

9. Form G-325A: Biographic Information (Petitioner) (4 pages)

10. One passport size photo of the petitioner

11. Form I-485: Application to Register Permanent Residence or Adjust Status

12. Two passport size photos of the Non US Spouse

13. Copy of Applicant’s passport showing biographical page

14. Copy of Applicant’s passport showing rear of I-94, previous entry and exit stamps and Applicant’s Visitor’s Visa

15. Copy of Applicant’s passport showing front of I094 and Visitor’s Visa

16. Copy of Applicant’s birth certificate

17. Copy of marriage certificate

18. Form G-325A: Biographic Information (4 pages)

19. One passport size photo of Applicant

20. Form I-864: Affidavit of Support with Check-List (9 pages)

21. Copy of Bank Statement showing Civil Service Retirement and VA Disability Payment and Joint Owner status with Spouse (Principal Immigrant) (2 pages)

22. Copy of 2007 Income Tax form 1040A (2 pages)

23. Copy of 2007 Statement of Annuity Paid from OPM

24. Form I-864: Application for Employment Authorization with photographs. (No fee required)

I think you're missing the initial evidence for the I-130 like leases, or photos, affidavits, stuff like that as evidence of a bona fide marriage.

Is the copy of your marriage certificate a certified copy?

Info looks good!

Hope you can pull it off.

I imagine they will deny it and make you go thru the normal spouse visa process.

He might be able to pull it off but with more convincing evidence. Otherwise they frown on B1/B2 visas adjusting status

[Dakine 26]

Info looks good!

Hope you can pull it off.

I imagine they will deny it and make you go thru the normal spouse visa process.

Don't know if you'll get refunded if rejected. Doubt it! USCIS doesn't often give money back!

I'd check with a immigration lawyer.

[Larry08 0]

I think you're missing the initial evidence for the I-130 like leases, or photos, affidavits, stuff like that as evidence of a bona fide marriage.

Is the copy of your marriage certificate a certified copy?

Thanks, some of the evidence, like the joint bank account statement, is under the I-485 pkg. I could also include joint bank account pass book from the PI. And some wedding/vacation pics. Since we have already been married 3 years and lived together in the PI, I didn't think we had to prove our marriage was real. My wife already got a visitor's visa.

Thanks for the tip on the certified copy of the marriage cert.

Larry

[Larry08 0]

And I noticed I didn't include the I-693. Is this necessary at the same time?

Thanks, Larry

[sweetpiano 0]

And I noticed I didn't include the I-693. Is this necessary at the same time?

Thanks, Larry

Absolutely positively include the I-693 and vaccination supplement in the AOS pack.

Move the evidence of a bona fide marriage from the I-485 pack to the I-130 pack, which is where USCIS wants it, as per instructions. It does not matter you have been married for 3 years, USCIS needs to be convinced of that too, the more evidence the better.

Try to visually separate your cover letter into two sections: (1) I-130 form and evidence, (2) I-485 form and evidence; move the reference to payments into their respective sections (paper clip the checks to their respective forms).

Your G-325A count seems off:

a/ you need Form G-325A for Petitioner and Form G-325A for Alien, attached to I-130

b/ you need Form G-325A for Alien, attached to I-485

for a total of 3 forms, each 4 pages long.

Complete the line "This form is submitted in connection with an application for:" as follows:

- Petitioner's G-325A (attached to I-130), check "Other" and write "I-130 petition"

- Alien's G-325A (attached to I-130), check "Other" and write "I-130 petition"

- Alien's G-325A (attached to I-485), check "Status as Permanent Resident"

Foreign documents need to be translated: provide a copy of the original and a certified translation.

Check your photo count:

Petitioner 1 photo (I-130)

Alien 1 photo (I-130), 2 photos (I-485), 2 photos (I-765), 2 photos (I-131) for a total of 7 photos (delete 2 if your wife is not applying for Advance Parlole).

Edited May 25, 2008 by sweetpiano

[sweetpiano 0]

Here's an example cover letter:

(Page 1)

Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing

ORIGINAL SUBMISSION

Petitioner: (Name)

Alien: (Name

Address: (Address)

Petition for Alien Relative

• Form I-130, with check for $355 attached

• Petitioner, 1 photograph

• Alien, 1 photograph

• Petitioner birth certificate (copy)

• Petitioner US passport (copy)

• Alien birth certificate (certified translation and copy)

• Alien passport (copy)

• Form G-325A for Petitioner

• Form G-325A for Alien

• Marriage certificate (copy)

• Joint lease agreements (copies)

• Joint bank statements (copies)

- checking account

- savings account

- credit card

• Joint tax returns for years 2007 and 2006 (copies)

• Michigan State University ID cards (copies)

(Page 2)

Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing

ORIGINAL SUBMISSION

Petitioner: (Name)

Alien: (Name

Address: (Address)

Application to Adjust Status

• Form I-485, with check for $1,010 attached

• Attachment to Form I-485

• Alien, 2 photographs

• Form G-325A for Alien

• Alien birth certificate (certified translation and copy)

• Alien visa (copy)

• Arrival/Departure Record I-94 (copy)

• Marriage certificate (copy)

• Alien passport (copy)

• Form I-693, Medical Examination (in sealed envelope)

• Work record of Alien (certified translation and copy)

Application for Employment Authorization

• Form I-765

• Alien passport (copy)

• Alien, 2 photographs

Application for Travel Document

• Form I-131

• Attachment to Form I-131

• Alien passport (copy)

• Alien, 2 photographs

Affidavit of Support

• Form I-864

• Attachment to Form I-864

• Tax return for 2007 (copy)

• Tax return transcript for 2006 (copy)

• Tax return transcript for 2005 (copy)

• Appointment (employment) statement for Sponsor

• Pay stubs for Sponsor

[pushbrk 12,897]

I have just spent all day trying to put together a package for my wife. I would certainly appreciate it if someone could review our cover letter and see if it is sufficient and if I have included everything required. We have been married for over two years, living outside the US, and this is our second visit to the US.

What's missing is any explanation of why you think your wife qualifies to adjust status? Generally couples living abroad file for an immigrant visa and have it in their passports when they enter the US with the intent to become permanent residents.

What is it about your circumstances that give you the impression you can bypass the visa process?

[Dakine 26]

I have just spent all day trying to put together a package for my wife. I would certainly appreciate it if someone could review our cover letter and see if it is sufficient and if I have included everything required. We have been married for over two years, living outside the US, and this is our second visit to the US.

What's missing is any explanation of why you think your wife qualifies to adjust status? Generally couples living abroad file for an immigrant visa and have it in their passports when they enter the US with the intent to become permanent residents.

What is it about your circumstances that give you the impression you can bypass the visa process?

Yep! OP should have done a DCF [Direct Consular Filing] in the Philippines. Unless things have changed. OP doesn't have much chance of success adjusting status!

Looks like they will have to go thru the normal visa process like we all did.

[sweetpiano 0]

It is possible (and legal, as long as certain conditions are met) to adjust status from within the US based on a spouse petition. If there was no intent to immigrate upon entry, if there was a change of mind afterwards, it is not illegal. The problem is convincing the USCIS. Larry, I strongly advise to consult an immigration lawyer before sending your package.

[Heliosphan 1]

And I noticed I didn't include the I-693. Is this necessary at the same time?

Thanks, Larry

Your G-325A count seems off:

a/ you need Form G-325A for Petitioner and Form G-325A for Alien, attached to I-130

b/ you need Form G-325A for Alien, attached to I-485

for a total of 3 forms, each 4 pages long.

Complete the line "This form is submitted in connection with an application for:" as follows:

- Petitioner's G-325A (attached to I-130), check "Other" and write "I-130 petition"

- Alien's G-325A (attached to I-130), check "Other" and write "I-130 petition"

- Alien's G-325A (attached to I-485), check "Status as Permanent Resident"

That's not right. No G-325A form is needed for the I-485 application. Just 2 are needed, one from the petitioner and one from the beneficiary.

[Kathryn41 3,205]

I agree that the covering letter needs some sort of statement along the lines of, 'We arrived in the US on March 14 intending to stay for a 6 month visit. My mother's health, however, has deteriorated since we arrived and we now wish to remain in the US so we can be near her and my family. Enclosed, please find the following documents related to my I-130 petition and my wife's I-485 petition." You need to give some more specific details of the 'circumstances' surrounding your mother and the reason why they are now different than when you arrived in March that justifies your decision for you and your wife to relocate to the US. Traveling on a foreign passport with a visitor visa is no evidence of intent. You need to give an acceptable reason why your wife used a visitor's visa to enter the US and is now filing to become a permanent resident. She needs to prove that it was not her intent to commit fraud.

Definitely include evidence of your marriage in the Philippines - joint bank account, etc., lease or mortgage, whatever . . This may also serve to indicate that you did not intend to leave the Philippines permanently when you came to the US in March, as well as providing evidence that covers the duration of your marriage.

Good luck.

[Caladan 19]

Plenty of people adjust off of tourist and other visas without much hassle, but the burden of proof is on you to show that your wife wasn't misusing a tourist visa as a faster way to immigrate. I agree with Kathryn that you really need is a bit longer of an explanation with some evidence to back it up: you and your wife came for a short visit intending to leave, then circumstances changed your plans. Things that showed that she intended to come back: like property, or a lease, or bank accounts or a job, etc.

Include evidence of your marriage's bona fides; you know you've been married for three years and might find it crazy that someone would go to such lengths for a scam, but they won't. Things like showing you've lived at the same place, mingled finances, shared a life. Those should go in with the I-130.

[pushbrk 12,897]

I agree that the covering letter needs some sort of statement along the lines of, 'We arrived in the US on March 14 intending to stay for a 6 month visit. My mother's health, however, has deteriorated since we arrived and we now wish to remain in the US so we can be near her and my family. Enclosed, please find the following documents related to my I-130 petition and my wife's I-485 petition." You need to give some more specific details of the 'circumstances' surrounding your mother and the reason why they are now different than when you arrived in March that justifies your decision for you and your wife to relocate to the US. Traveling on a foreign passport with a visitor visa is no evidence of intent. You need to give an acceptable reason why your wife used a visitor's visa to enter the US and is now filing to become a permanent resident. She needs to prove that it was not her intent to commit fraud.

Definitely include evidence of your marriage in the Philippines - joint bank account, etc., lease or mortgage, whatever . . This may also serve to indicate that you did not intend to leave the Philippines permanently when you came to the US in March, as well as providing evidence that covers the duration of your marriage.

Good luck.

I'm afraid I didn't read all the way down to the short explanation of changing plans based on the mother's health. That would be the basis for bypassing the visa process. I too would advise consulting a qualified immigration attorney. Even if you can do everything else yourself, the attorney can help with the letter and evidence. Don't be surprised if they want evidence of the mother's health issues and how they changed during your visit as well as evidence of your ties to the PI, as mentioned above. It will not serve you well to have quit your job(s) and closed your bank accounts before you left. Letters from employers who expected your return and your later letters of resignation would help too.

USCIS is liable to look at your case thinking, if it's the truth, there will be evidence.