Another I-130/I-485 question

[Sockmonkey 0]

Whoa. Did I just see in another new thread that the I-485 has to be filed with the I-130? I read the K-3 guide here on VJ, and it only said to include the G-325A. I thought the I-485 came later. Am I wrong?

Also, when sending the G-325A, IF THE SIGNATURE AND DATE IS IN INK, can the rest of the information be photocopied? It would be a huge timesaver if the details could be filled in only once and the form copied then signed individually.

I spoke to two attorneys and also called the USCIS site this morning, and have finally clarified the travel issue I posted about (incessantly) over the weekend. Here's the deal, according to all 3 sources:

The problem with my husband visiting me is not that there is a petition in progress, it is that we are married. A husband or wife entering the US to visit a USC/PR spouse is assumed to have intent to immigrate, and is therefore not supposed to attempt entry. The reason why the pile of documentation to prove he/she will return to their home country is still an "iffy" proposition because technically it isn't allowed.

As such, my husband and I have decided to go ahead and file the I-130 and get this monster moving (thus my questions, above). As for our trip, we will simply have to cancel. This is very, very traumatic. Why isn't this travel rule made clear on the State Department/USCIS websites? I know there's no good answer to this - unless of course it is in there someplace and we simply didn't know where to find it.

[Kez/JWolf 6]

The other post you are talking about is for a couple who are both already in the USA and are only filing for AOS not K3

Kezzie

[Yodrak 7]

JenM,

When you read, read carefully and completely. And always keep in mind that perhaps the writer did not write carefully and completely. Small details can make a big difference.

Any alien seeking entry into the USA is presumed to have immigrant intent - US law says so, and an alien must prove otherwise to gain admittance. And yes, an alien married to a USC will be have a harder task of proving their non-immigrant intent due to the circumstance of being married to a USC. But this does not mean that they cannot or should not try if in fact they do not have immigrant intent. There is a difference between intending to immigrate at some point in the future and intending to immigrate on this entry. You cannot find the "travel rule" that you write about because such rule does not exist.

Yodrak

Whoa. Did I just see in another new thread that the I-485 has to be filed with the I-130? I read the K-3 guide here on VJ, and it only said to include the G-325A. I thought the I-485 came later. Am I wrong?

Also, when sending the G-325A, IF THE SIGNATURE AND DATE IS IN INK, can the rest of the information be photocopied? It would be a huge timesaver if the details could be filled in only once and the form copied then signed individually.

I spoke to two attorneys and also called the USCIS site this morning, and have finally clarified the travel issue I posted about (incessantly) over the weekend. Here's the deal, according to all 3 sources:

The problem with my husband visiting me is not that there is a petition in progress, it is that we are married. A husband or wife entering the US to visit a USC/PR spouse is assumed to have intent to immigrate, and is therefore not supposed to attempt entry. The reason why the pile of documentation to prove he/she will return to their home country is still an "iffy" proposition because technically it isn't allowed.

As such, my husband and I have decided to go ahead and file the I-130 and get this monster moving (thus my questions, above). As for our trip, we will simply have to cancel. This is very, very traumatic. Why isn't this travel rule made clear on the State Department/USCIS websites? I know there's no good answer to this - unless of course it is in there someplace and we simply didn't know where to find it.