Lost In Adjustment

[KalinaBerry 0]

I am currently in the process of gathering all my papers for AOS and I am lost in three of them: I-485, I-130, and I-864A.

I am currently in the US on J-1 visa without 2YHRR, graduate student, not out of status and never have been, marrying UScitizen, who is graduate student, too.

a) Do I need to file I-130?

B) If I do not need to file I-130, what should I write in I-486, specifically Part 2 "Application Type"? There is no bullet for my case and in the instructions for the form there's no mentioning of AOS from valid status, only AOS while out of status.

c) Since we are both students, we don't have any income so far, only outcome... Thus, my fiancee's father agreed to sign Affidavit of Support. Should they both also sign I-864A "Contract Between Sponsor and Household Member", since we all live at the same address for the time being? Or it is supposed to be signed only in case if sponsor claims household member's income as part of his own without having the joint sponsor? And who will be sponsor and who - household member in my case?

Hopefully somebody knows the answers... Thanks in advance.

Edited June 1, 2006 by KalinaBerry

[americangirl 0]

AFAIK, you do need to fill out I-130. My husband was also here as a student (on F-1, though) and since we didn't have to bring him over here to get married (unlike K-1) we had to do I-130 to petition for his relative status.

[kc456 0]

You'll also need to submit a complete medical, not just a vaccination supplement.

[KalinaBerry 0]

Thanks. In this case should I file I-130 ONLY or I-130 AND I-486?

[MPGGPM 0]

Thanks. In this case should I file I-130 ONLY or I-130 AND I-486?

Consider yourself lucky. I married my wife while she was here on a J-1 as a graduate student as well, and she DID have the 2 year HRR.......and it has been one hell of a pain in the %$#$% to deal with. (the 2HHR....not my wife....I love HER .....a lot )...

But that 2 year HRR.........oh boy...what a headache.

Anyways...

Yes, you will file BOTH the I-485 and I-130.....and you can also submit other papers at the same time...like an I-765 to get a work permit....and maybe paperwork so that you can travel during the process (advance parole).

There's a lot of information in this forum...on the internet.....and at the USCIS website about what to do.

Good luck.

[Illinois 0]

Hello,

There are just somethings that we did, adjusting from a student visa. In no way am I an expert, just someone who went through the process, filing all our paperwork personally, without a lawyer.

1) My husband (USC) filed I-130, to establish my relationship to him, the USC.

2) I (as the beneficiary of the I-130) filed I-485 (AOS), EAD form (work). You have to file AP forms should you wish to travel before PR status is achieved.

3) Submitting these forms (in 2) together with the I-130 is the best, because otherwise you will need to wait until the Notice of Action for I-130 is received, before you can file for AOS.

4) My husband also filed the Sponsorship form. This has to be done, even if your husband is under the required limit for income, because he is your "primary" sponsor. Your future father-in-law would be a co-sponsor.

5) Just because you live at the same address does not necessarily make you a household in the eyes of the law. Certain conditions must be met for you all to be a single household. This information is available on the web (sorry, I cannot remember exactly where, will post if I can find it). Look around for this information to see if your husband and FiL actually need to file the contract between the sponsor and household member. I know for a fact IF your future FiL needs to use his spouse's income to meet the income requirement, then those two must sign the contract.

Hope this is not too rambling. There's a lot of information that can be found at USCIS and also at VJ that will provide more details. Good luck!

[meauxna 15]

I am currently in the process of gathering all my papers for AOS and I am lost in three of them: I-485, I-130, and I-864A.

I am currently in the US on J-1 visa without 2YHRR, graduate student, not out of status and never have been, marrying UScitizen, who is graduate student, too.

a) Do I need to file I-130?

B) If I do not need to file I-130, what should I write in I-486, specifically Part 2 "Application Type"? There is no bullet for my case and in the instructions for the form there's no mentioning of AOS from valid status, only AOS while out of status.

c) Since we are both students, we don't have any income so far, only outcome... Thus, my fiancee's father agreed to sign Affidavit of Support. Should they both also sign I-864A "Contract Between Sponsor and Household Member", since we all live at the same address for the time being? Or it is supposed to be signed only in case if sponsor claims household member's income as part of his own without having the joint sponsor? And who will be sponsor and who - household member in my case?

Hopefully somebody knows the answers... Thanks in advance.

KalinaBerry,

I respectfully suggest that you be the one to know the answer. It's worth waiting a week or so to send your applications in if it means that you will have an understanding of what you are doing.

To apply to adjust your status to permanent residency, you need a basis, a reason. That reason is your USC spouse, so they must first demonstrate that 1)he is a USC and 2)he is married to you. That is the purpose of petition I-130. Without it, you have nothing to hang your other applications on.

Review the instructions for the Application Type with the above in mind.

Your USC spouse must *always* be your Sponsor. Start with that. Your father in law, who lives with you, will pledge financial support. He has a choice of being a joint sponsor or a household member.

Be careful as you read the forms to distinguish who completes which application. They are not all for you to complete.

edit to add: review the Guides from the blue tab at the top of the page; they might be useful to you also.

Edited June 1, 2006 by meauxna