Filing for status change (I 485) along with I 130

[vgupt 0]

Hi all,

Not sure if this is the right forum but I need help related to filling up of the form I-130. I have been in US on valid H1B for last 4+ years and got married in Mar'12 to a US citizen whom i know since last one year now. She's a student and in Mississippi while I am working and living near Chicago. Her graduation is due in Jul'12 and then she plans to move to Chicago with me. Till now, we been spending time over weekends and whenever she has vacation (like in May'12 she had 2 weeks with me) by visiting each other's place. In I 130, for the section B,2 for the 'Address', I am giving her Mississipi's address and my Chicago's address. Will this cause any issue for our application by having different addresses? Should I attach additional note with my application stating the reason for different address for now and then her moving in permanently with me after Jul'12? Please advice what needs to be done here. Appreciate any assistance.

Thanks!!

[Inky 1,110]

Moved from K-3 spousal visas to adjustment of status from work student tourist.

[Harpa Timsah 13,258]

Yes, I would include a note of your future plans to live together. You will also have a chance to explain at your mandatory joint interview. (she will have to travel for that).

[vgupt 0]

Yes, I would include a note of your future plans to live together. You will also have a chance to explain at your mandatory joint interview. (she will have to travel for that).

ok. Thank you very much for the quick response. Should i attach some proofs like Flight Itineraries for travel to each other's place and photographs together etc to show we been meeting quite often even if our addresses are different?

[ceadsearc 516]

ok. Thank you very much for the quick response. Should i attach some proofs like Flight Itineraries for travel to each other's place and photographs together etc to show we been meeting quite often even if our addresses are different?

Since you are required to include proof of a bonafide relationship with your application, I would include a couple of things like that for sure.

[vgupt 0]

Since you are required to include proof of a bonafide relationship with your application, I would include a couple of things like that for sure.

ok, thank you! I will include those and other proofs as much as possible. Also for form I-864 which my wife is filling along with I-130, I am attaching my Federal Tax copies for last three year. Should we just leave the question 25 unchecked (as wife is not attaching any return copies as she's unemployed and student) or should i hand write on the form mentioning i have attached my return copies?

[grrrrreat 109]

ok, thank you! I will include those and other proofs as much as possible. Also for form I-864 which my wife is filling along with I-130, I am attaching my Federal Tax copies for last three year. Should we just leave the question 25 unchecked (as wife is not attaching any return copies as she's unemployed and student) or should i hand write on the form mentioning i have attached my return copies?

Leave question 25 unchecked. Your wife should include a written statement that explains (1) why she wasn't required to file (e.g., because she had no income in any of those years), (2) that she was recently married in March 2012, and so hasn't had the chance to file jointly yet, and (3) that the intending immigrant/spouse's income will continue from the same source, so she is including it and attaching tax returns from the intending immigrant.

Also I recommend obtaining tax return transcripts instead of sending the tax returns. They are free and come reasonably quickly. USCIS prefers them and there's less risk you will leave out a worksheet or schedule that is required (or omit a W-2, etc.) http://www.irs.gov/individuals/article/0,,id=232168,00.html

Edited June 6, 2012 by grrrrreat

[vgupt 0]

Leave question 25 unchecked. Your wife should include a written statement that explains (1) why she wasn't required to file (e.g., because she had no income in any of those years), (2) that she was recently married in March 2012, and so hasn't had the chance to file jointly yet, and (3) that the intending immigrant/spouse's income will continue from the same source, so she is including it and attaching tax returns from the intending immigrant.

Also I recommend obtaining tax return transcripts instead of sending the tax returns. They are free and come reasonably quickly. USCIS prefers them and there's less risk you will leave out a worksheet or schedule that is required (or omit a W-2, etc.) http://www.irs.gov/individuals/article/0,,id=232168,00.html

Okay, thank you very much! I have attached additional information/sheet with the I 864 for question 25 mentioning details. Also I got the tax transcripts from the IRS so attached them to the form instead of copies of tax returns. Thank you!