urgent help pls aos with overstay issues

[rtraded 0]

Simplified, you are about $3K short for a family of 2. That's easily covered by your dad's adjusted income. The house is also an asset that could be used, but you don't even have to go that far.

thanks buddy are you from germany???

I work for Lufthansa

[rtraded 0]

Okay when I print out all these forms different forms for her whole packet. It said something about making a cover sheet, can someone please tell me how to organize this packet and do I have to include any kind of essay type letter explaining how we met etc is that even necessary at this point... sending pics with packet, copies of boarding passes, etc is that necessary at this point or should those things be held on till the interview??? if anyone can kind of give me an idea who to organize/put together packet it would be most helpful.

[rtraded 0]

Under the i765 line 16 what category does my wife fall under???

There are 3 brackets ( ) ( ) ( )

[Harpa Timsah 13,258]

Your code is C9. Also, for you cover letter, no need to explain much. You need to read the instructions for I-130, and what they consider evidence. Boarding passes are not listed as suggested proof (unless you want to include it in "other,") so I would focus more on the things they list, like joint lease, joint bank account, or affidavits from friends and family. Good luck.

[rtraded 0]

Payment as required by USCIS. Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

>> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

Now does this mean I don't have to pay

I-765 employment (optional):$385

I-131 travel (optional):$360

if i pay the fee for the i 485: $985

also it's a good idea to file for these two optional documents right???

[katgrl 14]

Yes you might as well file for the I-765. And yes, if you file it with the I-485, you don't have to pay the additional fee. It usually comes before the green card. Since she overstayed, I wouldn't apply for the I-131 because once she leaves the country, she may be banned from re-entering. Also, make sure before you mail everything off that you are using either the latest forms, or acceptable editions if there have been updates. One more thing, the fees are going up Nov. 23 for the I-130 and the I-485 so check again before you mail. Good luck!

[Harpa Timsah 13,258]

The 131 and 765 are free with the 485, but your fee for the 485 is wrong. Please look over the instructions and the guide again. There may be other things you are missing. And as just mentioned, she can't use the 131 anyway (even though she would get approved for it... it's confusing), so you can forget about it. Good luck.

[VanessaTony 3,567]

Payment as required by USCIS. Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

>> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

Now does this mean I don't have to pay

I-765 employment (optional):$385

I-131 travel (optional):$360

if i pay the fee for the i 485: $985

also it's a good idea to file for these two optional documents right???

The fee for AOS is $1010 (as of 23rd Nov it's $1070) and the fee for the I-130 is $355 (as of 23rd Nov it's $420) taking your total amount to $1365 if you can get it in before the 23rd, or $1490 if they make you pay the new fees. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD scroll down to the table.

As it's currently the 21st Nov, and you won't get it mailed until tomorrow, it's likely that you will need to pay the new fees because they won't get it before the 23rd HOWEVER, there has been some talk that if it's post-marked before the 23rd then you still can pay the old fees. So you need to get this out Monday 22nd and hopefully miss the fee increase.

**Edit - also just to clarify, the AOS fee does not "include" the EAD and AP, that implies that if you exclude them then the fee is reduced. The fees for EAD and AP are "waived" if filed concurrently with AOS. According to others posts you have accumulated enough overstay that the AP could be useless. you could try applying for it but if they approve it then you could end up trying to use it and "locked" out of the country (this has happened to a few people thinking that just because they have it means they can use it).

Edited November 22, 2010 by Vanessa&Tony

[rtraded 0]

Questions about i-130 package

1.Payment as required by USCIS. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

If I am filing the i485 and i130 together do I make separate paychecks for each packet. Also If I make a money order how do I actually track that?

2.Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

Does the cover letter have to have an explanation how we met etc or is it merely a table of contents.

3. Form I-130: Petition for Alien Relative

4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.

I will have a copy of my naturalization certificate that alone should be sufficient right?

5. A copy of petitioner's proof of naturalization. (If applicable)

6. A copy of petitioner's proof of permanent residency. (If applicable)

7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

We don't have birth certificate so we got a birth certificate issued by the taiwanese consulate here in Los Angeles. Also if she has that document from the consulate already which is basically a birth certificate do I still need copy of passport and do i have to photocopy every page of her passport and she also has an old passport with her U.S visa on it. I am confused as to what they mean by and/or passport along with english translation.

8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)

9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)

10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)

11. G-325A filled out by the US Citizen, signed and dated.

12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

13. G-325A filled out by the foreign spouse signed and dated.

14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

15. Evidence of a bonafide marriage (see note below for what to include)

So far under this category I will have afadavits from my parents who we live with. Are two enough by my parents.

We don't have joint bank accounts, or lease agreement we live with my parents. She is under my gym membership I don't if that is relevant and if I should include a copy of that gym membership. I have boarding passes, and do I include pictures as evidence of bonafide marriage?

[rtraded 0]

bump

[juliava 80]

1. Yes, there will be 2 separate checks: 1 for AOS and one for I-130, as each application should be treated separately. If I were you I would use personal checks so you could track whenever the checks are gonna be cashed.

2. Yes, you may include that in the cover letter but don't get into too much detail.

4. Yes, I believe you will be fine only with that naturalization certificate.

7. You need a certified translation of the birth certificate and copies of the pages of her recent passport.

15. You may include in your package whatever proofs you have so far for a bonafide marriage, including pictures, gym membership, your parents' affidavits and such. Remember, after your spouse gets the EAD you will be able to generate more proofs : a state ID/DL that would list the same address as yours, joint bank accounts, perhaps a joint cellphone bill...You WILL get the chance to show all these "extra new proofs" at the AOS interview.

Good luck!

Edited November 28, 2010 by juliava