My application's questions

[Korey 0]

Hello everyone,

I am rather new here, but I am going to dive right in.

I just started to prepare my Adjustment of Status package. I am in the US with a F1 visa right now and getting married to my boyfriend (a USC), so I am going to fill a concurrent I-130. I haven't filled all of the forms, but I already have some questions that if someone helped me with, I would appreciate very much. I will keep this thread updated with future questions to keep it organized. Thank you!!

Form I-130

1. Question #14. I am not sure what to put in the field "Date authorized stay expired, or will expire, as shown on Form I-94 or I-95". I have an I-94 form, should I put the date of entry? expiration date? I don't have an expiration date... I have "Until D/S".
   
2. Question #21. I moved in with my boyfriend when I came to the States. Should the "From" be my date of entry and the "To" be the date of the form or N/A?
   

Edited May 21, 2010 by Korey

[milimelo 4,541]

Moving topic to AOS from tourist, student and work visas. OP, you'll get more answers in this forum.

[luxx 1]

Hello everyone,

I am rather new here, but I am going to dive right in.

I just started to prepare my Adjustment of Status package. I am in the US with a F1 visa right now and getting married to my boyfriend (a USC), so I am going to fill a concurrent I-130. I haven't filled all of the forms, but I already have some questions that if someone helped me with, I would appreciate very much. I will keep this thread updated with future questions to keep it organized. Thank you!!

Form I-130

1. Question #14. I am not sure what to put in the field "Date authorized stay expired, or will expire, as shown on Form I-94 or I-95". I have an I-94 form, should I put the date of entry? expiration date? I don't have an expiration date... I have "Until D/S".
   
2. Question #21. I moved in with my boyfriend when I came to the States. Should the "From" be my date of entry and the "To" be the date of the form or N/A?
   

1. put D/S

2. put whatever address you guys live together now, from when you moved in and under TO - I put PRESENT TIME

Edited May 22, 2010 by luxx

[Korey 0]

Thank you so much. I've got a couple new questions, but this one is not related to the forms.

I came to the US with a F1 visa, and my I-94 form has D/S for "Until". F1 students are allowed to take the summer semester off, and we have 30 days to leave the country once we are done.

My question is: even though I am done with school (for now, I am taking a break between my first two years and my last two years), can I legally stay until the beginning of fall semester? It'd help me a lot to fill the paperwork without rushing it. My boyfriend and I plan to marry within the next 10 days, and we will submit the paperwork within 10 days as well. But knowing that I have more than 30 days would help us with the stress.

And another question about the same. In the case that I can't stay over the summer, if we marry before my 30 days are up, will I become illegal once they are up? or not because I got married and started the process of AOS?

Thank you.

Edited May 22, 2010 by Korey

[luxx 1]

Did you graduate right now with assciates? If yes, then I think its 60 days grace period, so if you get married and send your AOS before 60 days ,you will be fine. Iam pretty sure its 60, but just to be sure call your international advisor and ask.

Edited May 22, 2010 by luxx

[Korey 0]

Thank you for you answer. My International Advisor says 30 days, but she doesn't answer anything else <sigh> I guess I'll have to rush the paperwork.

I am not sure if I have to fill the Affidavit of Support form... I've read the USCIS page (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD) but it's a little confusing. I think not, but could someone help me confirm it? Thanks.

[luxx 1]

I think your advisor is wrong , I found on U.S Immigration and Custom Enformcment website and it says 60 days,

http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419545

4.8. Grace period

The 60-day period of time given to F-1 students after the completion of a program of study or an authorized period of post-completion OPT allowing the student time to prepare for departure from the United States, apply for a transfer to another SEVP-certified school, request a change of level to continue at the current school, or take steps to otherwise maintain legal status.

I know I had 60 days but that was in 2006 after I graduated. But anyway, you are planning to applyin within 20 days, so either way is fine.

And yes, your husband has to fill out form I-864 and meet poverty lines(if he doesnt get a co-sponsor), and he has to attach last 3 years of tax transcripts.

GOOOD LUCK!!

[Korey 0]

It wouldn't surprise me, my advisor is not very good... luxx, thank you very much for all your help so far.

More questions, yay!

Form I-485

1. Part 2 Not completely sure which one I should check. I think I have to check h (Other basis of eligibility), and explain that I came into the US as a F-1 Visa Holder and married to an US Citizen during my stay. Is that it?
   
2. Part 3 On "List your present and past membership in or affiliation with every organization, etc..." Should I put the college I was enrolled to? it asks for the "dates of membership" though, so it doesn't sound like I have to fill it...
   

Bona Fida Marriage Evidence

My boyfriend and I are living on a family (his) house so my name is not on the property. We plan on opening a joint bank account together very soon. But other than that, we don't really have much evidence, we are a pretty "normal" couple, as in we've done everything legally, don't have children or anything like that. Would it be okay to have our roommate write an affidavit saying that we've been living together since I came to the US? Also, my boyfriend's father is an university teacher and ex city counselor, I was thinking of asking him for an affidavit as well. Would that work?

Thanks!

[luxx 1]

It wouldn't surprise me, my advisor is not very good... luxx, thank you very much for all your help so far.

More questions, yay!

Form I-485

1. Part 2 Not completely sure which one I should check. I think I have to check h (Other basis of eligibility), and explain that I came into the US as a F-1 Visa Holder and married to an US Citizen during my stay. Is that it?
   
2. Part 3 On "List your present and past membership in or affiliation with every organization, etc..." Should I put the college I was enrolled to? it asks for the "dates of membership" though, so it doesn't sound like I have to fill it...
   

Bona Fida Marriage Evidence

My boyfriend and I are living on a family (his) house so my name is not on the property. We plan on opening a joint bank account together very soon. But other than that, we don't really have much evidence, we are a pretty "normal" couple, as in we've done everything legally, don't have children or anything like that. Would it be okay to have our roommate write an affidavit saying that we've been living together since I came to the US? Also, my boyfriend's father is an university teacher and ex city counselor, I was thinking of asking him for an affidavit as well. Would that work?

Thanks!

on I-485 I think you should check A and you don't have to attach approval notice since you are going to send i-130 together with I-485

I don't think you should put you school, I just wrote NONE

Bank account and affidavits are good and when you go to interview explain that you live with his family. Did you take any trips together? if yes, you can show they tickets or something like that.

[Korey 0]

It wouldn't surprise me, my advisor is not very good... luxx, thank you very much for all your help so far.

More questions, yay!

Form I-485

1. Part 2 Not completely sure which one I should check. I think I have to check h (Other basis of eligibility), and explain that I came into the US as a F-1 Visa Holder and married to an US Citizen during my stay. Is that it?
   

I am sending my package on monday. Would someone please give me more opinions regarding that question? Thank you!

[engineer21 51]

I'm on F-1 too, for part 2 I checked A because I filed i-130 at the same time as i-485.

No need to explain. You should have already stated in part 1 that your current status is F-1 student.

And then with the concurrent filing of i-130 that pretty much explains that you got married to a USC.

So just mark box A and that's it. That's what I did.

Don't forget to send them a copy of your i-94. I didn't (only sent them copy of my F-1 visa) and got RFE-d for that!

[engineer21 51]

PS: don't know if you know already but you can get an email and/or text updates on your case if you also fill out a form G-1145 and attach it to the front of the first form inside the evelope you're sending.

It's nice because you get updated faster than just waiting for them to send you letters via snail mail.

[Korey 0]

PS: don't know if you know already but you can get an email and/or text updates on your case if you also fill out a form G-1145 and attach it to the front of the first form inside the evelope you're sending.

It's nice because you get updated faster than just waiting for them to send you letters via snail mail.

Thanks.

Yes, I do know about the notification form. But shouldn't I send two?

Within the package, there's two main forms (i-130 & i-485) my husband fills the first, and I fill the second. The other forms just form part of the main ones. Shouldn't we fill one notification form for each main form?

[engineer21 51]

Nope, just send one G-1145 form for everything you're sending.

In my case I filed i-130, i-485, and i-765, all in one envelope (plus the i-693 and i-864 and other evidence documents of course)

I'm assuming that's what you're doing too..

So I put the i-130 in front of all the other forms, and attached just one g-1145 to it.

USCIS later sent me 3 separate notifications with 3 different receipt/case numbers. It's all good

[engineer21 51]

This is straight from the g-1145 form:

If you are submitting multiple immigration forms for one applicant, please clip this entire form with the email address and/or cell phone number (see below) to the front of the first immigration form of the package. You will receive a separate email and/or text message for each accepted immigration form.