Are these visajourney instructions right?

[Hydey 0]

Hi everybody, my situation is i am adjusting my status from the VWP after marrying my wife who is a us citizen. However, in looking at the following link to help me: http://www.visajourney.com/forums/index.ph...page=i130guide2

I dont understand both of the checklists. The I-130 and the I-485 checklist both have two G-325a's in them, does this mean i need to complete 4 G-325a's. (16 copies altogether) or is the checklist of the I-485 including all of the I-130s. Will i need 2 copies of our marriage certificate? 2 copies of my birth certificate etc... or can we send the whole thing together with only 1 copy of our marriage certificate, 1 copy of my birth certificate and two G-325a's completed, one by me and one by my wife. This is very confusing to me and if anyone could guide me in the right direction it would be greatly appreciated!

Thank you,

Kind Regards,

-Richard

[DavidandJenny 1]

started to provide the wrong info, I apologize Edited August 16, 2008 by DavidandJenny

[Hydey 0]

This is so confusing, would you be able to help me with these questions by any chance :

How many passport photos do we need in total (my wife is the us citizen) and who do they need to be of?

How many copies of our marriage certificate (certified real copies) do we need in total?

And how many copies of mine and hers birth certificates do we need in total?

[MrsD 0]

Hi Richard,

yes the instructions are good.

You will need 2 forms G-325A connected with I-130 - one for you and one for spouse, both followed by one photo each (that is the only photo your wife will have to send, you will have 7 total if you apply for EAD and AP as well). When you answer last question - the form is in connection with? - check "other" and type "I-130 petition".

For I-485 you need one G-325A just for you, but you will send 2 photos of yourself as form I-485 requests. Some people question if G-325A is needed in this case, but I sent it as I was advised when I called USCIS. Send it, it won't hurt. On last question check "Status as permament resident".

About the certificates and the rest, make sure you follow insturctions from every form. That way, I-130 is asking for evidence of marriage, your wife's birth certificate or passport, and divorce if any of you was married before, along with all evidence you have to send to show bonafide of marriage.

When it comes to you, your papers go with I-485, since it is your application. You will attach copy of your birth certificate, copy of passport, I-94 etc. whatever is asked. You don't need another marriage certificate as you already have it in your wife's application.

If you apply for EAD and AP it won't hurt to attach copies of some documents even if states it is not needed in your case. I put copy of marriage certificate (I changed last name), copies of passport front page, I-94 and entry stamps with both. It won't hurt if you send more, just don't send less then they ask for.

Forms you need total: I-130, I-485, 3 forms G-325A (2 for you, 1 for wife), I-864 and I-693. I-765 and I-131 are optional and free of charge (included in 1.010). You will need 355$ more related to I-130.

Hope this helped. Good luck

P.S. Read instructions on USCIS for every form over and over and over again. I kept reading it for days, and it helped me avoid some stupid mistakes

Edited August 16, 2008 by mrsdarty

[LaL 418]

Have you thought at all, FirmRich, about hiring a lawyer to help you with the paperwork?

[MrsD 0]

I prepared all of my papers myself, so far no RFE. You can do it yourself of you don't have any major problems with status

[LaL 418]

I prepared all of my papers myself, so far no RFE. You can do it yourself of you don't have any major problems with status

The reason for my suggestion, is not because he might have a pretty straightforward case, but the amount of confusion regarding the forms and documentation he has displayed. There is nothing wrong with obtaining legal counsel for the purpose of making sure all is understood.

[MrsD 0]

No, don't get me wrong, I am not saying not to get a lawyer. I meant, I went through the same last month and I was able to get on top of it myself without problems. Getting a lawyer is very expencive and you have no control over your case. I just read many bad reviews, that's all

[chuckb 0]

Have you thought at all, FirmRich, about hiring a lawyer to help you with the paperwork?

I don't think he needs a lawyer, but who am I?

The two sets of paperwork are really two separate petions being filed concurrently. Hence, treat them that way. Make two different sets of papers following the instructions for each, and try not to think about why.

The USCIS will probably follow a separate checklist for each one to ensure you have done everything correctly. Just because they already have the information in one petition, doesn't mean they realize that when they review the other petition. Some of the Officers are really sharp, and would realize what you are doing. Even then, if the checklist says you need..., they may not have a choice either.

[MrsD 0]

Here is some info from I-485 instr:

15. Evidence of eligibility:

A. Based on an immigrant petition.

Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative, special immigrant juvenile, or special immigrant military petition that, if approved, will make a visa number immediately available to you.

B. Based on admission as the K-1 fiancé(e) of a U. S. citizen and subsequent marriage to that citizen

Attach a copy of the fiancé(e) petition approval notice, a copy of your marriage certificate, and your Form 1-94.

So you don't have to send another marriage certificate because your wife's petition is concidered you base of eligibility. Again, you can. I would send ceritified copy with I-130 and photocopies with other petitions

Edited August 16, 2008 by mrsdarty

[Hydey 0]

If i am to send a certified copy of my marriage certificate with the I-130 and a scanned copy with the I-485, will this be ok, or is there a possibility it may be sent back?

Regards,

Richard

[chuckb 0]

If i am to send a certified copy of my marriage certificate with the I-130 and a scanned copy with the I-485, will this be ok, or is there a possibility it may be sent back?

Regards,

Richard

The instructions for the I-130, and the I-480 both ask for a copy of the Marriage Certificate. Neither askes for a certified copy. My I-485 was filed using a scanned copy...

[chuckb 0]

If i am to send a certified copy of my marriage certificate with the I-130 and a scanned copy with the I-485, will this be ok, or is there a possibility it may be sent back?

Regards,

Richard

The instructions for the I-130, and the I-480 both ask for a copy of the Marriage Certificate. Neither askes for a certified copy. My I-485 was filed using a scanned copy...

I meant:

The instructions for the I-130, and the I-485 both ask for a copy of the Marriage Certificate. Neither askes for a certified copy. My I-485 was filed using a scanned copy. Should be OK, either way.

We are way past AOS now...

Darned Computers, tried to edit and it locked up...

[MrsD 0]

You may send a plain photocopy, I chose to send certified. Again, you DO NOT have to send another one with I-485 because you have whole I-130 application (read my former post), but if you want, do it. K1 MUST send one with I-485, you don't. Read instuctions on USCIS

Edited August 16, 2008 by mrsdarty

[bluegreen 0]

I treated them as two completely separate instructions and I followed the VJ rules to the letter. I sent regular photocopies of my certified marriage cert for both packages. Yes, it seems ####### and unneccesary...but do it just as it asks!