A few questions about the AOS/I-130.

[Eshansmommy 2]

Hi!

I am new to this forum.

I'm from Belgium, the hubby is American. After months and months of obstacles and saving for the fees I am finally ready to send out my package. I just want to make sure I am doing everything the right way. I have a few questions...

We will be filing:

I-485

I-765

I-864 (twice: one for my husband and one for his mom who will be our joint sponsor)

I-864A (by my mother-in-law)

G-325

I-130

I-693 (completed by a certified medical doctor)

1. We have a mutual child (and one on the way), as proof for the I-130, can I send a copy of his birth certificate or does it have to be a certified copy? Someone told me I could just send in a homemade copy and bring the original to the interview. Is that correct?

2. We have hundreds of photos together as a couple and family, do I have to send them in with this package, or just bring them in on the day of the interview?

3. I have an annulment of a previous marriage. I have the proof in my foreign language. I assume that it needs to be translated? I read on a couple of websites that I could have someone do it, who is fluent in English, but is not necessary a professional translator. Is this correct?

4. My MIL will be our joint sponsor, even though we don't live together. Does she have to file both the I-864 and I-864A or only the I-864? And my husband will have to file the I-864 as well, right?

5. The forms I have printed and filled out, some of them have an expired date in the right top corner, but they are the current forms available online at the official website, is that normal or what do I have to do to get the current ones?

6. Of all the forms mentioned above, I have a total amount of $1435. Is this correct?

Okay, that's it for now. Thanks for your help and replies. I know I asked a lot of questions, but even if you can just help me with one, I would appreciate it.

[YuAndDan 153]

1) Child's birth cert not needed unless the child is adjusting status, K-4 or K-2?

2) Keep for interview, NOT a requirement of form I-485. A few may be OK with the I-130.

3) Pro NOT needed:

About translations, the translator doe not need to be a professional, just someone fluent in English and foreign language, they simply signe the translation "Certifying" it.

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

4) ONLY I-864 as a Joint sponsor, she is NOT a member of sponsor's household so will not use I-864A

5) Upper right expiration date so NOT the form's expiration date. It is the date when USCIS has to complete a survey from Office of Management and Budget to satisfy the paperwork reduction act. Compare the date at the bottom of the form with the acceptable versions noted on USCIS site.

5) NO , $1010 for I-485/I-765/I-131, and $355 for I-130 = $1365

[Eshansmommy 2]

1) Child's birth cert not needed unless the child is adjusting status, K-4 or K-2?

2) Keep for interview, NOT a requirement of form I-485. A few may be OK with the I-130.

3) Pro NOT needed:

About translations, the translator doe not need to be a professional, just someone fluent in English and foreign language, they simply signe the translation "Certifying" it.

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

4) ONLY I-864 as a Joint sponsor, she is NOT a member of sponsor's household so will not use I-864A

5) Upper right expiration date so NOT the form's expiration date. It is the date when USCIS has to complete a survey from Office of Management and Budget to satisfy the paperwork reduction act. Compare the date at the bottom of the form with the acceptable versions noted on USCIS site.

5) NO , $1010 for I-485/I-765/I-131, and $355 for I-130 = $1365

I entered the country on the Visa Waiver, so now adjusting status.

The reason why I mention the child certificate is, on the instructions it says that if there are mutual children we should attach the birth certificates as proof of our marriage. Our son doesn't need a visa, he was born in the US. What about my husband's birth certificate, does that need to be a certified copy, or just a handmade copy?

As for the fee, I came to $1435, because of the $70 fee for the affidavit of support? I saw you didn't mention that?

Thanks again for your answers!

[cdn_in_wa 1]

1) Child's birth cert not needed unless the child is adjusting status, K-4 or K-2?

2) Keep for interview, NOT a requirement of form I-485. A few may be OK with the I-130.

3) Pro NOT needed:

About translations, the translator doe not need to be a professional, just someone fluent in English and foreign language, they simply signe the translation "Certifying" it.

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

4) ONLY I-864 as a Joint sponsor, she is NOT a member of sponsor's household so will not use I-864A

5) Upper right expiration date so NOT the form's expiration date. It is the date when USCIS has to complete a survey from Office of Management and Budget to satisfy the paperwork reduction act. Compare the date at the bottom of the form with the acceptable versions noted on USCIS site.

5) NO , $1010 for I-485/I-765/I-131, and $355 for I-130 = $1365

I entered the country on the Visa Waiver, so now adjusting status.

The reason why I mention the child certificate is, on the instructions it says that if there are mutual children we should attach the birth certificates as proof of our marriage. Our son doesn't need a visa, he was born in the US. What about my husband's birth certificate, does that need to be a certified copy, or just a handmade copy?

As for the fee, I came to $1435, because of the $70 fee for the affidavit of support? I saw you didn't mention that?

Thanks again for your answers!

Send regular photocopies of certificates and bring the originals to your interview (in case they ask for them).

When filing I-485 and I-130 concurrently, you only need to pay $1010 and $355. Make sure you send them 2 separate payments, not one combined payment.

[YuAndDan 153]

I entered the country on the Visa Waiver, so now adjusting status.

The reason why I mention the child certificate is, on the instructions it says that if there are mutual children we should attach the birth certificates as proof of our marriage. Our son doesn't need a visa, he was born in the US. What about my husband's birth certificate, does that need to be a certified copy, or just a handmade copy?

As for the fee, I came to $1435, because of the $70 fee for the affidavit of support? I saw you didn't mention that?

Thanks again for your answers!

A few notes: You may want to carfully consider adjustment of status, USCIS will have a BIG QUESTIONS about your intent when using VWP. VWP is NOT intended for IMMIGRATIONS, being married to a US citizen BEFORE entering on VWP is CLEAR intent to immigrate, they can DENY adjustment of status on the grounds of visa fraud.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

The $70 fee is collected by NVC in IMMIGRANT visa cases (CR-1, IR-1 visas) NOT USCIS when adjusting status, processing I-864 is part of the I-485.

Edited October 26, 2008 by YuAndDan

[Dakine 26]

I missed the fact where you got married? US or?

[Eshansmommy 2]

I entered the country on the Visa Waiver, so now adjusting status.

The reason why I mention the child certificate is, on the instructions it says that if there are mutual children we should attach the birth certificates as proof of our marriage. Our son doesn't need a visa, he was born in the US. What about my husband's birth certificate, does that need to be a certified copy, or just a handmade copy?

As for the fee, I came to $1435, because of the $70 fee for the affidavit of support? I saw you didn't mention that?

Thanks again for your answers!

A few notes: You may want to carfully consider adjustment of status, USCIS will have a BIG QUESTIONS about your intent when using VWP. VWP is NOT intended for IMMIGRATIONS, being married to a US citizen BEFORE entering on VWP is CLEAR intent to immigrate, they can DENY adjustment of status on the grounds of visa fraud.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

The $70 fee is collected by NVC in IMMIGRANT visa cases (CR-1, IR-1 visas) NOT USCIS when adjusting status, processing I-864 is part of the I-485.

We were not married before the VWP. We got married AFTERWARDS, almost 1,5 years later. We do have a child from before we got married though, but I did not come with the intention to stay and to get married. Marriage took place in the US.

[Beantownbabe 1]

I know from just filing I-130 that you absolutely DO need to send your child's birth certificate - infact it is one of the things they specifically ask for as proof of a Bone fide marriage. You can send a regular photocopy and bring the real one for interview. My daughter was born here too, so is a USC but I needed to send it. As for photos - I printed out just a few on the computer onto one sheet of paper so that they would get a general idea - I will bring the real thing to interview. My feeling was to include as much as I could to adjudicate my package as soon as possible on the information in front of them, so I included more evidence as well.

Also, I think the expiration date of the forms is in the BOTTOM right hand corner, so you should double check them!

I just filed I-485/I-130/I-765 and paid $1,010 and $355, (I-864 is include in the price.) Sorry but I don't know about your questions 3 and 4, but good luck!