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Filed: Country: Russia
Timeline
Posted

Hello everyone!

My wife (F-1 Visa) and I (US Citizen) are just beginning the process of her AOS. She graduates in May so we are trying to get the documents into the Chicago box as quickly as possible. A few headscratchers are on these forms:

1) I-485, Part 2:

Of the ten options available, 'h' seems the best, because we can just write in "I am married to a U.S. citizen." None of the other fields seem to apply, except for 'a', which is almost unreadable to me. What to choose?

2) I-131, Part 2:

The USCIS customer service told my wife to fill this form out. We think she may need an advance parole document in case she needs to return home in case of an emergency. She is not a conditional resident yet by sheer virtue of the marriage, correct?

3) I-131, Part 3.1:

My wife has no travel plans to leave the country yet. Why would she need to fill out a "Date of Intended Departure?"

4) Affidavit of Support:

I am going to graduate school and no longer have the income to meet the 125% federal poverty level requirement. My wife's brother who is in the U.S. on a green card wants to be a co-sponsor. Should I put myself down as the primary sponsor and her brother as the 2nd sponsor?

Thanks!

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
Hello everyone!

My wife (F-1 Visa) and I (US Citizen) are just beginning the process of her AOS. She graduates in May so we are trying to get the documents into the Chicago box as quickly as possible. A few headscratchers are on these forms:

1) I-485, Part 2:

Of the ten options available, 'h' seems the best, because we can just write in "I am married to a U.S. citizen." None of the other fields seem to apply, except for 'a', which is almost unreadable to me. What to choose?

If you file all documents for AOS at once (i-130, I-485, I-864), then you choose A (if you don't fall in any of the other categories). Because the I-130 will give her automatically an immigrant visa number and you are submitting it together, then you choose A. Don't choose H only because you can say "I am married to a US citizen". If you don't fall within the options b-g, then choose A.

2) I-131, Part 2:

The USCIS customer service told my wife to fill this form out. We think she may need an advance parole document in case she needs to return home in case of an emergency. She is not a conditional resident yet by sheer virtue of the marriage, correct?

3) I-131, Part 3.1:

My wife has no travel plans to leave the country yet. Why would she need to fill out a "Date of Intended Departure?"

She can apply for I-131 even though she doesn't have specific travel dates. Just write "to be determined".

4) Affidavit of Support:

I am going to graduate school and no longer have the income to meet the 125% federal poverty level requirement. My wife's brother who is in the U.S. on a green card wants to be a co-sponsor. Should I put myself down as the primary sponsor and her brother as the 2nd sponsor?

Can't really answer this one. I think it would be better to put her brother then as the main sponsor, and you can explain in a cover letter why you are not sponsoring her.

02/2001 - Met in Europe

08/2004 - Moved to USA

08/2007 - Married in Brazil

09/2007 - Submitted AOS to VSC

12/2007 - AOS approved

09/2009 - Submitted I-751 to CSC

10/2009 - ROC approved (1 month 2 days from receipt date)

12/2010 - Submitted N400

01/2011 - Biometrics (twice)

02/2011 - Citizenship Interview and Civics Test

04/2011 - Oath Ceremony/American Citizen

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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