Questions about the Adjustment of Status documents

[roshlioto 1]

Hello. Now that we are married I have to apply for Permanent Residency and the EAD. I have some questions and the "helpful" agents working for the USCIS helped me "so much". That's why I'm writing to you here, hoping for the answers I'm seeking. I arrived on a K1 Visa, and married on the 20th this month. The date on my i-94 is 02/12/2012 so I still have time to apply. So far I know that I have to fill the I-485, I-765, G-325A and the I-864 (wasn't filled by me). Now I have some questions on these forms and I would be really grateful If you can answer them. Here we go.

1. *(I-485)* In Part 1 - Information about you, there's a Expires on. Should I put the expiration of the K1 visa or the date that was written on the I-94 form?

2. *(I-485)* In Part 3 - Processing Information, there's a Martial Status. Since I'm married now, should I put married or single (since I entered the US as a single, yet not married man)?

3. *(I-765)* There's a Which USCIS Office, Date and Results (Granted or Denied - attach all documentation). Show I leave these blank since this is my first time filling that form?

4. *(I-864)* Should I get pay-stubs for the last 2 years from the person filled the document? Do I need anything else? Employment letter? Or are the pay-stubs for 2 years enough?

5. *(I-864)* Since the sponsor is my wife's mother, should I have I-864 filled by my wife and her mother or just her mother?

6. *(I-131)* If I don't know when exactly I'll be going out of the country should I file this form alongside with the other ones? All I know is that It would be sometime next year. Probably the summer. On the form there's a Date of intended departure. I don't know that. I don't know how much I'm going to stay abroad either. So should I put N/A? Should I be even filling it?

7. Do I need a cover letter? I read the instructions, called the help center and there was nothing mentioned about a cover letter. Do I need one?

8. Do you have any advice on what I should have or do before sending the documents?

[bigdog 377]

Please look at the following, http://www.visajourney.com/content/i130guide2, Adjustment of Status Guide (K1 & K3 Visa Holders)

(Also explains concurrent filing for an EAD and Advanced Parole)

K1 Visa Adjustment of Status Tips this should help.

[roshlioto 1]

What?! I need I-130? That's new. I saw the link and it doesn't tell me more than I know so far, and still doesn't answer my questions.

[Harpa Timsah 13,258]

You do not need a I-130. Here is the correct guide. http://www.visajourney.com/content/k1k3aos

You must be willing and able to read the instructions and answer questions literally to be successful in this process. It asks you if you are married or single. Well, are you married or single? It's not hard. Don't overthink it.

Most of your questions can be answered by reading the instructions. Good luck.

[roshlioto 1]

Ok. So this link answers questions 1, 2, 6 and 7. It's still unclear about the rest.

[Edi & Sua 1]

Ok. So this link answers questions 1, 2, 6 and 7. It's still unclear about the rest.

3. It says in question 11 if you applied for green card before, and i'm guessing you did not, so the answer to question 11 would be NO and then you skip below and proceed to question 12.

4. You just need few most recent paystubs, employment letter would be fine. You also need tax transcripts for the past 3 years.

5. I-864 needs to be filled out by both.

Good luck

[roshlioto 1]

Thank you.

[NancyNguyen 1,658]

3. Blank

4. Pay stubs are optional. Order tax transcript.

5. If your wife is still living with her mom, she fills I-864, her mom fills I-864A. Otherwise, both fill I-864, she will mark A on question 1 and her mom will mark D.

8. Make a list then double check, triple check. Don't waste any time, focus on signature because there is field for preparer other than you and your wife. Good luck.

[roshlioto 1]

3. Blank

4. Pay stubs are optional. Order tax transcript.

5. If your wife is still living with her mom, she fills I-864, her mom fills I-864A. Otherwise, both fill I-864, she will mark A on question 1 and her mom will mark D.

8. Make a list then double check, triple check. Don't waste any time, focus on signature because there is field for preparer other than you and your wife. Good luck.

On question one why not put the mother as first joint sponsor and my wife as second?

[Harpa Timsah 13,258]

On question one why not put the mother as first joint sponsor and my wife as second?

Your wife MUST be your primary sponsor. Please read the instructions.

[roshlioto 1]

The instructions that came with the form? I don't recall reading anything like that. She is a student. She's still dependent.

Edited February 6, 2012 by roshlioto

[Harpa Timsah 13,258]

I will repeat. Your wife must be the primary sponsor. If she does not qualify, then she will need a co-sponsor. Your wife is still the primary sponsor, even if her income is zero.

Edited February 6, 2012 by Harpa Timsah

[ceadsearc 516]

Read again. The instructions clearly state that the citizen or LPR who filed the I-130 or I-129F must become the sponsor and that the immigrant must submit the I-864 completed by the petitioner. Your wife is petitioning you and thus she is your primary sponsor. Your MIL is not petitioning you, so she is the joint sponsor.

[roshlioto 1]

Yes. And that's why my wife crossed A and her mother D.

[ceadsearc 516]

Sounds like you should be set, then. Good luck!