Putting together paper work

[randomusername 0]

Basically I'm marrying my girlfriend whom I've known for 9 years. I'm a bit overwhelmed about all the paperwork. I was wondering if I could get some guidance.

I came into the county at the age of 13 with a B-2 visa with my parents, so I would be applying to adjustment of status. Can someone tell me if I got everything straight.

I-130 form

$420 fee.

G-325A of petitioner

G-325A of beneficiary

Proof of petitioner's citizenship (birth certificate or passport)

Official Marriage License

Beneficiary's Birth certificate (Translated)

One passport style photo of petitioner and beneficiary.

I-485 form

$985 filing fee and $85 biometrics fee.

I-693, Medical Examination of Aliens Seeking Adjustment of Status

2 passport style photos of applicant (beneficiary)

Petitioner's I-864, Affidavit of Support (wife)

Petitioner's tax returns

Joint Sponsor's I-864, Affidavit of Support (Family friend)

Joint Sponsor's tax returns

Joint Sponsor proof of citizenship (passport copy or birth certificate)

beneficiary's passport and visa copy

copy of beneficiary I-94

I-765 application for employmentt

2 passport photos of beneficiary

copy of beneficiary passport and visa

copy of beneficiary I-94

We are going to get married in early April and file the paperwork soon after. I met with a legal assistant friend of my father who works at at a law firm, and she said that given that I have entered the US as a child, then I would probably be given a permanent greencard after the interview, which I do not believe since it's my understanding that I should get a 2 year green card which should be renewed 90 before it expires.

Is my list right? am I missing something? is the legal assistant right? (she's not a lawyer mind you). Also, my joint sponsor is a family friend who is retired yet still fairly wealthy. Would that be a problem?

thank you.

[kcoyclay1 98]

You need proof of assets tied together like bank account, lease agreement, health insurance, phone bill etc. You also need to have copies of taxes in the I-130 packet. You need a G-325 for the I-485. Filing fee for I-485 is one check of $1070. Remember they are going to separate departments and they are not going to be copying your information for you.

Legal assistant talking nonsense. You have to be married 2 years before you get a 10 years greencard. It's not about how long you've been here. Anything under two years is a conditional resident card.

[SF2007 48]

Basically I'm marrying my girlfriend whom I've known for 9 years. I'm a bit overwhelmed about all the paperwork. I was wondering if I could get some guidance.

I came into the county at the age of 13 with a B-2 visa with my parents, so I would be applying to adjustment of status. Can someone tell me if I got everything straight.

I would consider hiring an immigration lawyer. Your case seems far beyond the do it yourself mold.

A B2 is a visitor visa. You were admitted as a tourist at least 9 years ago for a certain period of time and were under the obligation to go back home after your visit. It sounds like you have been overstaying on an expired visa. Because you came as a minor and your wife will be petitioning for you, USCIS may overlook your overstay.

How old are you now? Assuming you moved to the U.S at 13 years old and you met your girlfriend right away, you are at least 22 now. While you don't accrue overstay as a minor, you have been accumulating it as an adult since the 180th day following your 18th birthday. If my assumption is correct, you have accumulated at least 3.5 years of overstay by now. You most likely need a waiver. And you will need a strong case because if your wife's petition is denied, it's most likely deportation and a ban from the U.S.

Hopefully a more knowledgeable VJ user will pitch in. Good luck!

[Penguin_ie 5,997]

**** Moving from AOS from Family visa to AOS from Tourist visa as OP came on a B2 *****

[ChrisPG 30]

We are going to get married in early April and file the paperwork soon after. I met with a legal assistant friend of my father who works at at a law firm, and she said that given that I have entered the US as a child, then I would probably be given a permanent greencard after the interview, which I do not believe since it's my understanding that I should get a 2 year green card which should be renewed 90 before it expires.

Is my list right? am I missing something? is the legal assistant right? (she's not a lawyer mind you). Also, my joint sponsor is a family friend who is retired yet still fairly wealthy. Would that be a problem?

thank you.

You are missing:

1) Evidence of a bona-fide relationship: joint bank accounts, joint lease/mortgage-- even a joint gym membership. Sign affidavits from people stating such, photos, family vacations place tickets etc etc. This is needed for the I-130.

2) You are missing a G-325A from your I-485

3) Overstays are usually forgiven for spouses of the USC.

4) You can file as soon as you get your certified marriage certificates in the mail

5) Your legal friend is incorrect. You are right. You will receive a condition green card, valid for two years which you will remove the conditions on no sooner than 90 days before it expires, but no later than it does expire. You only get a conditional green card since your marriage not being shorter than 2 years.

[jdh 103]

Filing fee for I-485 is one check of $1070. Remember they are going to separate departments and they are not going to be copying your information for you.

This is actually not true. The filing fee for the I-485 is seperate from the biometris. They will accept the one check but it is not required. Three seperate checks is just fine.

[randomusername 0]

You are missing:

1) Evidence of a bona-fide relationship: joint bank accounts, joint lease/mortgage-- even a joint gym membership. Sign affidavits from people stating such, photos, family vacations place tickets etc etc. This is needed for the I-130.

2) You are missing a G-325A from your I-485

- Do I not send all the forms together in one packet? Even then I still need separate G-325's?

- I was told that the evidence should be presented during the interview. I mean I can send plenty of photos, but we are moving in together right after getting married so we wouldn't have any bills or joint bank accounts until after we file.

[jdh 103]

Even though you are sending it all in one packet you still need to follow the instructions of every form to a T. If this means sending duplicates of something - that is what you do.

You don't need to send all the things the above poster listed, bank accounts, lease agreement etc...but you do need to send the bare minimum which is listed in the instructions of the form.

[randomusername 0]

You don't need to send all the things the above poster listed, bank accounts, lease agreement etc...but you do need to send the bare minimum which is listed in the instructions of the form.

Well, I mean, I'm holding the I-30 in my hand,and it's not asking me to send any proof. Though I will send photos just in case.

[Harpa Timsah 13,258]

Well, I mean, I'm holding the I-30 in my hand,and it's not asking me to send any proof. Though I will send photos just in case.

Please read the I-130 instructions. It says to include proof of a bona fide relationship there. Check the VJ guide in the "guides" section. It is good.

Here: I'll link for you. http://www.visajourney.com/content/i130guide2

I would consider hiring an immigration lawyer. Your case seems far beyond the do it yourself mold.

A B2 is a visitor visa. You were admitted as a tourist at least 9 years ago for a certain period of time and were under the obligation to go back home after your visit. It sounds like you have been overstaying on an expired visa. Because you came as a minor and your wife will be petitioning for you, USCIS may overlook your overstay.

How old are you now? Assuming you moved to the U.S at 13 years old and you met your girlfriend right away, you are at least 22 now. While you don't accrue overstay as a minor, you have been accumulating it as an adult since the 180th day following your 18th birthday. If my assumption is correct, you have accumulated at least 3.5 years of overstay by now. You most likely need a waiver. And you will need a strong case because if your wife's petition is denied, it's most likely deportation and a ban from the U.S.

Hopefully a more knowledgeable VJ user will pitch in. Good luck!

This is mostly all incorrect. No waiver needed for spouses of USCs who adjust in-country.

Edited March 13, 2012 by Harpa Timsah

[jdh 103]

Well, I mean, I'm holding the I-30 in my hand,and it's not asking me to send any proof. Though I will send photos just in case.

Every form has a PDF with instructions on it for that particular form. Read each of them before you make many mistakes...you don't just fill out forms and send them in...unfortunately it is not that simple.

[randomusername 0]

Here: I'll link for you. http://www.visajourney.com/content/i130guide2

Wow, thanks. This really helps.

One more question. Can I translate my own documents if I'm fluent? Can I sign the "certification by translator"?

[jdh 103]

Edited for correction.

I had read on here that you needed someone else to sign as the translator - I was mistaken.

Edited March 14, 2012 by jdh

[Harpa Timsah 13,258]

Many people translate it themselves successfully.