Concurrent I-485 and I-765 Tricky question

[A. Apa 0]

Hello,

I am having difficulty answering Question 15 on form I-765.

I have been living in the United States illegally since the age of 4. I recently married my longtime girlfriend and am going to be applying for an Adjustment of Status and an EAD. Normally I would be required to go back to my country since I am here illegally, however since I was the dependent of the beneficiary of an F4 Visa recipient, all I need to do is fill out the I-485 supplemental A to stay. I did not get my green card from the F4 Visa since by the time the form was processed I was already over 21, my parents did receive theirs.

My question is then simply what my status is. Do I simply not have a status, am I a pending AOS (since I will the I-485 jointly) or does my benefit from the F4 Visa application place me in some type of category?

Thank You in advance for any help

[Harpa Timsah 13,258]

You are EWI. You are not (yet) AOS pending.

You also need a I-130 from your wife with your application, not just the I-485.

Edit: Now that I think of it, I am not sure that being a derivative on a petition counts for the amnesty. I thought you had to have your own petition filed for you before 2001. Hopefully someone who knows for sure about that will come along.

Edited September 19, 2011 by Harpa Timsah

[aleful 1,905]

Hello,

I am having difficulty answering Question 15 on form I-765.

I have been living in the United States illegally since the age of 4. I recently married my longtime girlfriend and am going to be applying for an Adjustment of Status and an EAD. Normally I would be required to go back to my country since I am here illegally, however since I was the dependent of the beneficiary of an F4 Visa recipient, all I need to do is fill out the I-485 supplemental A to stay. I did not get my green card from the F4 Visa since by the time the form was processed I was already over 21, my parents did receive theirs.

My question is then simply what my status is. Do I simply not have a status, am I a pending AOS (since I will the I-485 jointly) or does my benefit from the F4 Visa application place me in some type of category?

Thank You in advance for any help

you have to file everything, including the i130, the i485, the 1864, and the rest of the forms, and incluye a copy of the i130 of your parent's petition that shows you were covered under the 245i law.

you will have to show proof with the i485A that you were in country by Dec 21st, 2000.

current status, EWI

Edited September 19, 2011 by aleful

[A. Apa 0]

You are EWI. You are not (yet) AOS pending.

You also need a I-130 from your wife with your application, not just the I-485.

Edit: Now that I think of it, I am not sure that being a derivative on a petition counts for the amnesty. I thought you had to have your own petition filed for you before 2001. Hopefully someone who knows for sure about that will come along.

Thanks You for the reply. Yes I am also filling an I-130 as well as the G-325 and G-1145. I am basing this off a success another family member under the very same circumstances.

I will read up some more just to be sure.

[A. Apa 0]

you have to file everything, including the i130, the i485, the 1864, and the rest of the forms, and incluye a copy of the i130 of your parent's petition that shows you were covered under the 245i law.

you will have to show proof with the i485A that you were in country by Dec 21st, 2000.

current status, EWI

Though I have not read about the I-864 requirement yet, I will check up on it.

Thanks.

[aleful 1,905]

Though I have not read about the I-864 requirement yet, I will check up on it.

Thanks.

when you file concurrently, you have to file the whole adjustment of status packet, except for the i131 travel document, you cannot travel abroad until you recieve your GC.

[JimVaPhuong 4,863]

Though I have not read about the I-864 requirement yet, I will check up on it.

Thanks.

I presume your wife is a US citizen and will be submitting the I-130 on your behalf. In that case, she will be your sponsor. She'll need to submit an I-864 affidavit of support showing she has enough income to guarantee that you won't become a public charge in the US. If she doesn't have enough income to qualify then she'll need a joint sponsor who does qualify. There's a pinned thread in this sub-forum about the I-864.

You'll also need to pay a $1000 fine as part of the terms of the LIFE act.

[A. Apa 0]

I presume your wife is a US citizen and will be submitting the I-130 on your behalf. In that case, she will be your sponsor. She'll need to submit an I-864 affidavit of support showing she has enough income to guarantee that you won't become a public charge in the US. If she doesn't have enough income to qualify then she'll need a joint sponsor who does qualify. There's a pinned thread in this sub-forum about the I-864.

You'll also need to pay a $1000 fine as part of the terms of the LIFE act.

That is correct. It's the payment due for I-485 Supplement A. There is also an additional $88.00 fee for filing the I-864 domestically.

[Harpa Timsah 13,258]

You are correct about the supplement A, but there is no USCIS I-864 fee. That is for processing at NVC and your petition will not go there, but rather it will stay in USCIS jurisdiction.

[A. Apa 0]

you have to file everything, including the i130, the i485, the 1864, and the rest of the forms, and incluye a copy of the i130 of your parent's petition that shows you were covered under the 245i law.

you will have to show proof with the i485A that you were in country by Dec 21st, 2000.

current status, EWI

DO I have to show proof I was here by Dec 21st if my petition was filed BEFORE January 14, 1998. This puts me under 1a and not 1b.

According to the instructions I only need to show proof if the date of the petition is after January 14, 1998.

Edited September 24, 2011 by A. Apa