Filing I-485 with a bunch of other forms

[wackodacko 0]

Hello,

I'm a US Citizen, and my husband is a Philippine Citizen. We got married in the Philippines back in Feb 2004. It's been almost 5 years of going back and forth from Manila to USA, because our business is based in Manila, but we have lots of family in the US, not to mention we like traveling and our business can survive us being away several months and just doing work by phone/email.

Anyways, the last couple trips into SFO, immigration was giving us a hard time, telling my husband "why dont you try spending LESS time in the USA", although we're only here 2-3 mos at a time, and less than 6 mos per year. So what I did today is went to the US CIS office in San Francisco, and the Immigration Officer there recommended we just file for a green card and a concurrent I-131 so that we can travel in/out while the green card is being processed. This seemed to make sense, so that is what we're doing. However, she handed me a huge packet of forms, and i've gotten confused reading so many things online as to when to file them, where to file them, etc.

Here are the forms I know I can file together:

I-130 (with a check for $355)

I-485 (with a check for $1,010)

I-765 (no need to pay fee if filing with I-485)

Mail above forms to Chicago box 805887

I-131 (immigration officer told me to e-file it)

OK blah blah, done... i'll mail it tomrorow. But here are my questions:

1) In the packet was also a Medical form i-693 which my husband will get back from the doctor this Saturday. Should we mail that in as well, or wait for a letter in the mail stating they need it?

2) The Immigration lady also gave me Poverty Guidlines for form I-864 but not the actual form. Am I suppose to wait for them to ask me to submit this before doing it?

3) Regarding the Poverty thing - I am sponsoring my husband because I'm the US Citizen...but I dont have any income or tax return because I'm a "housewife" and dont have any income, w2, or anything of that sort. We were domiciled in the Philippines since 2003 and since my personal tax liability was ZERO, i have not filed any 1040s the past 5 years. Is it possible to have someone else sign the sponsor thing? His sister lives here in the US and has a hefty income. she would probably sign for him, if allowed.

4) Am I missing any other forms I need to prepare?

Thanks alot!!

PS: We discovered this site from the doctor who did the i-864 TB test..he said to go to this site

[jhunjhun 7]

Hello Kababayan,!!! I just mailed my AOS application today. I'm adjusting my status as Canadian visitor here in USA because my wife is USC.

I'M FILIPINO-CANADIAN AND MY WIFE IS PHIL-AM

Hello,

I'm a US Citizen, and my husband is a Philippine Citizen. We got married in the Philippines back in Feb 2004. It's been almost 5 years of going back and forth from Manila to USA, because our business is based in Manila, but we have lots of family in the US, not to mention we like traveling and our business can survive us being away several months and just doing work by phone/email.

Anyways, the last couple trips into SFO, immigration was giving us a hard time, telling my husband "why dont you try spending LESS time in the USA", although we're only here 2-3 mos at a time, and less than 6 mos per year. So what I did today is went to the US CIS office in San Francisco, and the Immigration Officer there recommended we just file for a green card and a concurrent I-131 so that we can travel in/out while the green card is being processed. This seemed to make sense, so that is what we're doing. However, she handed me a huge packet of forms, and i've gotten confused reading so many things online as to when to file them, where to file them, etc.

Here are the forms I know I can file together:

I-130 (with a check for $355)

I-485 (with a check for $1,010)

I-765 (no need to pay fee if filing with I-485)

Mail above forms to Chicago box 805887

I-131 (immigration officer told me to e-file it)

OK blah blah, done... i'll mail it tomrorow. But here are my questions:

1) In the packet was also a Medical form i-693 which my husband will get back from the doctor this Saturday. Should we mail that in as well, or wait for a letter in the mail stating they need it? YOU SHOULD MAIL THE FORM I-693 ALONG WITH YOUR ADJUSTMENT OF STATUS BECAUSE THAT IS THE INITIAL EVIDENCE THAT IS REQUIRED IN ORDER TO PROCESS YOUR AOS APPLICATION.

2) The Immigration lady also gave me Poverty Guidlines for form I-864 but not the actual form. Am I suppose to wait for them to ask me to submit this before doing it? FORM I-864 AFFIDAVIT OF SUPPORT AND FORM I-693 ARE THE INITIAL EVIDENCE REUIRED BY USCIS IN ORDER TO PROCESS YOUR APPLICATION. YOU CAN DOWNLOAD THE FORM VIA WWW.USCIS.GOV

3) Regarding the Poverty thing - I am sponsoring my husband because I'm the US Citizen...but I dont have any income or tax return because I'm a "housewife" and dont have any income, w2, or anything of that sort. We were domiciled in the Philippines since 2003 and since my personal tax liability was ZERO, i have not filed any 1040s the past 5 years. Is it possible to have someone else sign the sponsor thing? His sister lives here in the US and has a hefty income. she would probably sign for him, if allowed. HE CAN ASK HIS SISTER TO BECOME YOUR JOINT SPONSOR AS LONG AS HIS SITER HAVE MET THE INCOME REQUIREMENTS WHICH IS EQUAL/ABOVE THE 125% POVERTY INCOME. YOU CAN ALSO DOWNLOAD THIS FORM IN WWW.USCIS.GOV

4) Am I missing any other forms I need to prepare? I THINK IF YOUR HUSBAND WANTS TO WORK WHILE HIS AOS APPLICATION IS PENDING, HE CAN APPLY FOR EAD, FORM I-765 APPLICATION FOR EMPLOYMENT.

HE CAN ALSO APPLY FOR ADVANCE PAROLE WHICH IS FORM I-131 SO THAT IN CASE HE WANTS TO GO BACK TO PHILIPPINES WHATEVER THE REASONS MAY BE HE IS ELIGIBLE TO RETURN TOUSA AFTER FOREIGN VISITSPS: We discovered this site from the doctor who did the i-864 TB test..he said to go to this site

REMEMBER.....PRINT ALL FORMS DIRECTLY FROM USCIS WEBSITE NOT FROM THE THIRD PARTY...HOPE THAT HELPS!!!!!! GOOD LUCK .....INGAT...

Edited November 14, 2008 by jhunjhun

[wackodacko 0]

Hi Jhun Jhun,

Thanks for the info! I also found a check list around this forum, which is pretty helpful: http://www.visajourney.com/forums/index.ph...page=i130guide2

(Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US)

I am currently doing my I-864 but having some crazy problems. It says the "household member" must be in the same residence. My husband's sister actually lives 3 miles away in the same city, but different house. Will this qualify? If not, i can use my husband's parents. Technically, they qualify as MY parent...right?

The house we're staying in is his parent's house. They are here on an investor's visa. they have lots of assets and large bank balances. Problem is, their tax preparer/CPA is too good and all the 3 previous year's tax returns has NEGATIVE amounts in them from some "loss carry over" because they are in the real estate business. Do you think this will qualify?

[jhunjhun 7]

Hello again, if you convinced your husband's sister to be your joint sponsor, it perfectly alright as long as his sister's income meets the poverty equal or above 125% for the household member. I doesn't really matter if your sister-in-law lives 3 miles or 8000 miles away as long as she is a USC or LPR. The affidavit of support form I-864 says something about joint sponsor...pls read: A joint sponsor can be any U.S. citizen, U.S. national, orlawful permanent resident who is at least 18 years old,domiciled in the United States, or its territories or possessions,and willing to be held jointly liable with the petitioner for thesupport of the intending immigrant. A joint sponsor does nothave to be related to the petitioning sponsor or the intendingimmigrant.About your husband parents income I'm not so sure...but i'm adament that your sister-in-law would be alright. Good luck!!!!

Edited November 14, 2008 by jhunjhun

[jhunjhun 7]

Hello again, if you convinced your husband's sister to be your joint sponsor, it perfectly alright as long as his sister's income meets the poverty equal or above 125% for the household member. I doesn't really matter if your sister-in-law lives 3 miles or 8000 miles away as long as she is a USC or LPR. The affidavit of support form I-864 says something about joint sponsor...pls read: A joint sponsor can be any U.S. citizen, U.S. national, orlawful permanent resident who is at least 18 years old,domiciled in the United States, or its territories or possessions,and willing to be held jointly liable with the petitioner for thesupport of the intending immigrant. A joint sponsor does nothave to be related to the petitioning sponsor or the intendingimmigrant.About your husband parents income I'm not so sure...but i'm adament that your sister-in-law would be alright. Good luck!!!!

In addition, your sister-in-law must submit form I-864 as a joint sponsor and also you must submit one as a petitioner of your husband. If your sister-in-law houesehold member is total of 3 + your husband = 4 the income requirements for 4 people would be $26,500.00. Pls visit this poverty guidelines...

http://www.uscis.gov/files/form/I-864P.pdf

hope that helps! ingat and don't get frustrated....

[wackodacko 0]

hmmm..we havent convinced her yet, and plus when we convince her (the sisteR) she still has to ask her husband. So its easier to use my father in law who is our household member. It says:

"You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption."

So does he qualify as my "PARENT" since he is related to me by marriage? Or do i have to check OTHER and type FATHER IN LAW?

I didnt see in the rules that the household member has to show proof of citizenship or LPR. He is in-status as in an investors visa for the past 10 years. It says the CO SPONSOR has to be a citizen or LPR.

What do you think? Thank you!