I-130/I-485

[rethebas 0]

Hi everyone!

This is my situation: my mom got her Citizenship a couple of years ago and we applied for my adjustment of status (our lawyer sent both I-130 and I-485 forms). I checked my case status online and it is on "Initial Review". Since my fiance at that time got his citizenship in December 2011 we decided to get married because the process is faster through marriage and we already have 2 kids together. Can I send both forms again having an open case through my mom?

We decided to send the forms ourselves and we have a couple of questions about the I-485 form:

1- Does he need to fill out the Affidavit of Support even if I already live with him for 4 years having 2 kids?

2- Does he need to send his tax return? I'm not sure if they ask for it on the instructions of how to fill the form.

Then it says "when required, submit a medical examination report on Form I-693, Report of Medical Examination and Vaccination Record."

What does that mean?

Thank you very much for your time and good luck to everyone!

[grrrrreat 109]

Hi everyone!

This is my situation: my mom got her Citizenship a couple of years ago and we applied for my adjustment of status (our lawyer sent both I-130 and I-485 forms). I checked my case status online and it is on "Initial Review". Since my fiance at that time got his citizenship in December 2011 we decided to get married because the process is faster through marriage and we already have 2 kids together. Can I send both forms again having an open case through my mom?

We decided to send the forms ourselves and we have a couple of questions about the I-485 form:

1- Does he need to fill out the Affidavit of Support even if I already live with him for 4 years having 2 kids?

2- Does he need to send his tax return? I'm not sure if they ask for it on the instructions of how to fill the form.

Then it says "when required, submit a medical examination report on Form I-693, Report of Medical Examination and Vaccination Record."

What does that mean?

Thank you very much for your time and good luck to everyone!

When you get married, your mom isn't eligible to petition for you anymore, so you don't qualify under that petition anymore. You need to submit a new petition from your US citizen husband. I am a little confused about why you thought it was faster to do it through marriage. If you were under 21 when your mom petitioned, you're classified as an immediate relative and should have been eligible to receive adjustment of status as soon as they can process it. If you were over 21 when she petitioned, you go to the end of the waiting list under the F1 category, and you wouldn't be eligible to file for any adjustment of status until a visa was available for you.

In any case, yes he needs to fill out I-864. Yes he needs to send tax returns--the instructions are on the I-864. I-693 is a form that you take to a civil surgeon and request a medical examination. You need to download it, read the instructions, and find a doctor nearby who is on the list of civil surgeons.

Read the Guides on this forum using the Guides button at the top of this page for filling out I-130 and I-485 for a spouse of a U.S. citizen.

[rethebas 0]

When you get married, your mom isn't eligible to petition for you anymore, so you don't qualify under that petition anymore. You need to submit a new petition from your US citizen husband. I am a little confused about why you thought it was faster to do it through marriage. If you were under 21 when your mom petitioned, you're classified as an immediate relative and should have been eligible to receive adjustment of status as soon as they can process it. If you were over 21 when she petitioned, you go to the end of the waiting list under the F1 category, and you wouldn't be eligible to file for any adjustment of status until a visa was available for you.

In any case, yes he needs to fill out I-864. Yes he needs to send tax returns--the instructions are on the I-864. I-693 is a form that you take to a civil surgeon and request a medical examination. You need to download it, read the instructions, and find a doctor nearby who is on the list of civil surgeons.

Read the Guides on this forum using the Guides button at the top of this page for filling out I-130 and I-485 for a spouse of a U.S. citizen.

I wasn't under 21 when my mom petitioned.

Thanks for your help!

[grrrrreat 109]

I wasn't under 21 when my mom petitioned.

Thanks for your help!

You need to withdraw the old I-130 now. It was a mistake for your lawyer to submit I-485, as you weren't eligible.

[Penguin_ie 5,992]

**** Moving from AOS from Family to AOS from Student, Work.... as OP did not get here via a family visa *****

[kcoyclay1 98]

Your mom needs to withdraw her I-130 petition based on the fact that you are now married. Your marriage cancels the petition category under which she applied for you. Your hubby now needs to submit all the relevant forms concurrently.

(1) He has to submit the affidavit of support form to declare his income and give his word that he not only filed/was not qualified to file the last 3 years or any of the last 3 years of federal taxes. It is also a statement of support that makes him financially responsible to you for the next 10 years regardless of the outcome of your marriage - the only thing that can cancel his financial responsibililty is death. The affidavit of support form is very important and it is concerned with the present and future support; not with the past.

(2) Your hubby's current year's tax document should be sent with your I-485. He does not need to send the hard copies of the prior 2 years; however, he needs to record his AGI in the section that requests it. The instructions are clear about that.

All the required vaccinations for your medical should be done. Take your immunization documents and have the civil surgeon look at what is needed.

Also, remember to add the kids to your I-485 petition where they ask about children migrating with you. Note also that separate fees need to be paid for them. It is important to read the instructions that are provided by the USCIS. All the best.

[ceadsearc 516]

It sounds like the OP is already in the US and her kids are with her USC husband. They are most likely already USCs so unless they are still abroad, no fees need to be paid for them or applications submitted to them.

To the OP, your mother was eligible to petition you as the unmarried, over 21 child of an LPR but that is a long wait and you would have had to be in-status the whole time. When you got married, it killed that petition. Since your mom is a USC now she could refile for you as a married child over 21 but again it is a long wait and you have to be in status the whole time (not sure if you are out of status or not). Your best bet is to have your husband petition you. Click the "guide" link at the top of the page and follow the instructions for your situation.

[rethebas 0]

You need to withdraw the old I-130 now. It was a mistake for your lawyer to submit I-485, as you weren't eligible.

i was single by the time we applied through my mom

[rethebas 0]

Your mom needs to withdraw her I-130 petition based on the fact that you are now married. Your marriage cancels the petition category under which she applied for you. Your hubby now needs to submit all the relevant forms concurrently.

(1) He has to submit the affidavit of support form to declare his income and give his word that he not only filed/was not qualified to file the last 3 years or any of the last 3 years of federal taxes. It is also a statement of support that makes him financially responsible to you for the next 10 years regardless of the outcome of your marriage - the only thing that can cancel his financial responsibililty is death. The affidavit of support form is very important and it is concerned with the present and future support; not with the past.

(2) Your hubby's current year's tax document should be sent with your I-485. He does not need to send the hard copies of the prior 2 years; however, he needs to record his AGI in the section that requests it. The instructions are clear about that.

All the required vaccinations for your medical should be done. Take your immunization documents and have the civil surgeon look at what is needed.

Also, remember to add the kids to your I-485 petition where they ask about children migrating with you. Note also that separate fees need to be paid for them. It is important to read the instructions that are provided by the USCIS. All the best.

Thanks for your help!!

My children were born here and my husband is self-employed so he needs to send a copy of his Schedule C, D, E or F from his most recent Federal Tax Return

which establishes his income from his business, right?

I'm going to call my lawyer now to withdraw her I-130 petition. Thanks again!

[jdh 103]

He needs to send his entire tax return...that is all schedules and forms that were sent.

Also you likely don't need to bring the forms to the civil surgeon, most of the ones I contacted provided the forms...and they should for what you have to pay.

Do bring your vaccination records if you have them, it may save you some money and needles you don't need.

[rethebas 0]

Thanks for your help!!

My children were born here and my husband is self-employed so he needs to send a copy of his Schedule C, D, E or F from his most recent Federal Tax Return

which establishes his income from his business, right?

I'm going to call my lawyer now to withdraw her I-130 petition. Thanks again!

I think I have a problem here. My husband is JUNIOR but there is no Junior on his American passport or Certificate of Naturalization. He was born in Brazil so all his Brazilian documents including Certificate of divorce have Junior! The only American document that has Junior is our Marriage certificate. Should I put Junior on the forms even if he doesn't have it on his passport or certificate of naturalization?

Thanks!

[jdh 103]

I think I have a problem here. My husband is JUNIOR but there is no Junior on his American passport or Certificate of Naturalization. He was born in Brazil so all his Brazilian documents including Certificate of divorce have Junior! The only American document that has Junior is our Marriage certificate. Should I put Junior on the forms even if he doesn't have it on his passport or certificate of naturalization?

Thanks!

What is on his birth certificate?

[rethebas 0]

What is on his birth certificate?

Junior!

[rethebas 0]

What is on his birth certificate?

Junior

[grrrrreat 109]

i was single by the time we applied through my mom

You still weren't eligible to adjust status because you were over 21, even if you were single. Unmarried over 21 can file I-130 and wait for an immigrant visa to become available, which can take several years. They are not eligible for immediate adjustment of status, so the I-485 was a mistake.