NEED HELP FILING I-485 thru MARRIAGE pinay

[JannaDavey 1]

HELLO KABABAYANS AND EVERYONE HERE IN VISA JOURNEY! I HOPE YOU GUYS CAN HELP ME

This is my situation: got married last year to an american citizen entered by tourist visa filed an extension of vacation stay to plan the wedding and got married before the I-94 got expired

So i wanna file the ff forms.

1. i-485 for me

2.I-765 EAD for me to work

3.I-131 travel parole for me to go to the Philippines and hopefully get my two kids

4.I-693 getting an appointment by April

5.I-864 and I-864a filled up.

6.I-130 for my daughter in the PH 5 y/o

7.I-130 for my son in PH 2y/o.

Birth certificates of my husband,myself and my kids are ready

Marriage certificate

I-94

Passport pictures

Husband's irs 1040 form with w2s from 3years ready

Job letter stating he is fully employed at present job

Notarized Evidence of assets like house and cars

So when i checked the poverty guidelines for me, my husband and two kids , salary $28,812 as stated in i-864p. So he decide to change job by April to earn more.

My question is since he is starting a high paying job how many months will i have to wait before i can start sending everything?

We just don't wanna risk submitting it with the salary he is now which is only for a three person household even if he had assets and paid all his college bills.

QUESTION

1. How long after he gets his new job before i can start sending my forms? Since he needs a higher salary to sponsor a 4person household even if he have assets and no debts.

2. My kids last name was of their father (my ex bf) we were never married so technically under PHILIPPine law mother's custody because they are both under 7. Do i need to provide a signed letter from him to clarify that they are my legitimate children? Should i change their last name if im in the philippines to mine? Need help

[Harpa Timsah 13,258]

You need to file a I-130 for yourself as well. Otherwise there is no basis to adjust. You will file a concurrent I-130/I-485 package for you. I'd look over the guides up top.

[JannaDavey 1]

You need to file a I-130 for yourself as well. Otherwise there is no basis to adjust. You will file a concurrent I-130/I-485 package for you. I'd look over the guides up top.

Thank you!

Do you have any idea about my other questions?

[Leatherneck 693]

HELLO KABABAYANS AND EVERYONE HERE IN VISA JOURNEY! I HOPE YOU GUYS CAN HELP ME

This is my situation: got married last year to an american citizen entered by tourist visa filed an extension of vacation stay to plan the wedding and got married before the I-94 got expired

So i wanna file the ff forms.

1. i-485 for me

2.I-765 EAD for me to work

3.I-131 travel parole for me to go to the Philippines and hopefully get my two kids

4.I-693 getting an appointment by April

5.I-864 and I-864a filled up.

6.I-130 for my daughter in the PH 5 y/o

7.I-130 for my son in PH 2y/o.

Birth certificates of my husband,myself and my kids are ready

Marriage certificate

I-94

Passport pictures

Husband's irs 1040 form with w2s from 3years ready

Job letter stating he is fully employed at present job

Notarized Evidence of assets like house and cars

So when i checked the poverty guidelines for me, my husband and two kids , salary $28,812 as stated in i-864p. So he decide to change job by April to earn more.

My question is since he is starting a high paying job how many months will i have to wait before i can start sending everything?

We just don't wanna risk submitting it with the salary he is now which is only for a three person household even if he had assets and paid all his college bills.

QUESTION

1. How long after he gets his new job before i can start sending my forms? Since he needs a higher salary to sponsor a 4person household even if he have assets and no debts.

Then wait until you have enough pay stubs to demonstrate your husbands income from the new job equals or exceeds 125% of the Federal poverty Guidelines for your family size.

2. My kids last name was of their father (my ex bf) we were never married so technically under PHILIPPine law mother's custody because they are both under 7. Do i need to provide a signed letter from him to clarify that they are my legitimate children? Should i change their last name if im in the philippines to mine? Need help

I think you kind of answered your own question. You need nothing from the father if you were never married to him, note the section from the Philippine Family Code. Did you sign the birth certificates as the mother? If you did, that is all the proof you need they are your children. Therefore, a name change for the purposes of immigration would not be necessary.

"Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

[JannaDavey 1]

Thank you leatherneck,

Unfortunately i can't afford to wait because my eldest would be 7soon . And by the time i have the chance to get back in PH she will be 8 and they may want her to choose between me or his father. I just don't wanna risk it because i love my kids. I even heard of our kababayans that made an impossible dash to take their kids away in manila to the US embassy and to the airport. I am sure my EX will make a scene like calling the cops on me for kidnapping to stall the application or worse putting a red flag by calling the US embassy where his stepmother works in manila.

[ceadsearc 516]

You can send the forms right away but with a brand new job you may be asked for a cosponsor, so I would have one lined up just in case.

[JannaDavey 1]

You can send the forms right away but with a brand new job you may be asked for a cosponsor, so I would have one lined up just in case.

Thank you ceadsearc... So i will have a co sponsor form sent together with all of the forms. I am planning to send all of it by May so i can include a letter from his new employer stating that he just started with them and probably state his salary so if the Immigration offcer asked.. We have something to present.

[Kevzil 2]

I don't mean to scare you but I have been reading immigration blogs and people that had the same situation like you do got denied . You came here with tourist visa and had an extension to stay that only proves that you came here to get married not just because to visit USA. Like you, they were thinking that it tourist visa was the fastest and easiest thing to do but you guys should've applied for fiancee visa base on the fact that you guys intended to get married here.

I have read on your post that you're going back to Philippines to pick up your kids,does it mean that you already filed petitions for them?or are they coming here on tourist visa also?I am just a little bit confuse cuz on your post you included form I-130 for your kids.

Goodluck!

[JannaDavey 1]

I don't mean to scare you but I have been reading immigration blogs and people that had the same situation like you do got denied . You came here with tourist visa and had an extension to stay that only proves that you came here to get married not just because to visit USA. Like you, they were thinking that it tourist visa was the fastest and easiest thing to do but you guys should've applied for fiancee visa base on the fact that you guys intended to get married here.

I have read on your post that you're going back to Philippines to pick up your kids,does it mean that you already filed petitions for them?or are they coming here on tourist visa also?I am just a little bit confuse cuz on your post you included form I-130 for your kids.

Goodluck!

[JannaDavey 1]

@kevzil

Thank you kevzil,

Actually i have been coming to the US for awhile on a tourist visa never over stayed, i had 10 years multiple entry.. Been dating him on and off. So we should have done a fiance visa but we decided not too because of personal matters. And yes i have heard of a lot of people doing that. I married him for true love and not for convenience.( i have options to be a canadian immigrant but i declined and i dont have that typical Pnoy mentality to become a USC that some desperate TNT out there are thinking ).On my post my husband is petitioning me and my two kids that is why i need to provide i-130 for the both of them since they are my immediate kids and he is willing to adopt them. if and when i am allowed to go back in the PH with an approved i-131 of course ( if their gc is also granted inorder to bring them here in the US), i am talking about the process wherein i have to update their medicals and paperworks for a us visa gc holder in US embassy Manila.

[Leatherneck 693]

Thank you leatherneck,

Unfortunately i can't afford to wait because my eldest would be 7soon . And by the time i have the chance to get back in PH she will be 8 and they may want her to choose between me or his father. I just don't wanna risk it because i love my kids. I even heard of our kababayans that made an impossible dash to take their kids away in manila to the US embassy and to the airport. I am sure my EX will make a scene like calling the cops on me for kidnapping to stall the application or worse putting a red flag by calling the US embassy where his stepmother works in manila.

I see you won't be submitting the necessary petitions to AOS until May, which means you'll have several pay stubs by then.

When I answered your question with this "Then wait until you have enough pay stubs to demonstrate your husbands income from the new job equals or exceeds 125% of the Federal poverty Guidelines for your family size."

I didn't mean you should wait until some unknown time in the future. I literally meant "wait" no longer than necessary to acquire the pay stubs to sufficiently demonstrate your husbands income meets or exceeds the Poverty Guidelines. Pay stubs coupled with a letter from the employer and fortified by a joint sponsor, should get you where you need to be income wise.

Good luck.

[JannaDavey 1]

I see you won't be submitting the necessary petitions to AOS until May, which means you'll have several pay stubs by then.

When I answered your question with this "Then wait until you have enough pay stubs to demonstrate your husbands income from the new job equals or exceeds 125% of the Federal poverty Guidelines for your family size."

I didn't mean you should wait until some unknown time in the future. I literally meant "wait" no longer than necessary to acquire the pay stubs to sufficiently demonstrate your husbands income meets or exceeds the Poverty Guidelines. Pay stubs coupled with a letter from the employer and fortified by a joint sponsor, should get you where you need to be income wise.

Good luck.

Thanks again leatherneck, i'll keep that in mind.. It is just confusing the requirements 1040, w2s all that stuff and we cant afford a setback financially like filing again And i really wanna help with the finances but i can't work because it is illegal and some of my savings are being spent helping him out with the mortgage and bills even if he insist not to, but i got my pride too you know.