Marriage-Based Adjustment Of Status From H1B

[h1bgreencard 0]

Hello all,

I've been out of status (H1B expired in 2010) and I'm planning to straighten up all of my paper work myself and I need your advice/help as I can't afford to hire an attorney. Is this all the paperwork and money that is needed or am I still missing something?

Attach Form G-1145 separately in front of each Application Form Package.

Passport copy (Should all copies be notarized? And which ones should be original?)

Two Photographs (myself and wife)

Birth Certificate copy (wife)

Marriage certificate copy

Divorce decree copy (previoius marraige of myself and wife)

Utility Bills copy (cable)

Home rental lease copy

Marriage/Home pictures

G-325A (for both)

Form I-130

$420 (Money Order in the name of U.S. Department of Homeland Security)

Form I-864

Should I attach my own and my wife's tax returns as well in addition to my sponsor's? My wife is on Government benefits living below poverty line and she can't sponsor me financially. Can I have my friend fill this form up? If so, will my wife also become his responsibility in addition to me?

- Proof of current employment or self employment (copy)

- W2, 1099, IRS-issued Tax Returns for last 3 years (copy)

Form I-485

$985 + $85 biometric fee (Should I make separate money orders?)

Address: USCIS

P.O. Box 805887

Chicago, IL 60680-4120

Should I file for I-131 concurrently with the above?

Thanks for your help.

[SouthernComfort 13]

Hello all,

I've been out of status (H1B expired in 2010) and I'm planning to straighten up all of my paper work myself and I need your advice/help as I can't afford to hire an attorney. Is this all the paperwork and money that is needed or am I still missing something?

Attach Form G-1145 separately in front of each Application Form Package.

YES

Passport copy (Should all copies be notarized? And which ones should be original?)

Photocopies are OK. No need to notarize

Two Photographs (myself and wife)

USC one passport photograph. Intending Immigrant at least 4(2 for EAD,2 for I-485 and 2 for biometrics)

Birth Certificate copy (wife)

YES

Marriage certificate copy

YES.certified copy

Divorce decree copy (previoius marraige of myself and wife)

YES

Utility Bills copy (cable)

GOOD

Home rental lease copy

GOOD

Marriage/Home pictures

GOOD

G-325A (for both)

YES

Form I-130

$420 (Money Order in the name of U.S. Department of Homeland Security)

YES

Form I-864

Should I attach my own and my wife's tax returns as well in addition to my sponsor's? My wife is on Government benefits living below poverty line and she can't sponsor me financially. Can I have my friend fill this form up? If so, will my wife also become his responsibility in addition to me?

- Proof of current employment or self employment (copy)

- W2, 1099, IRS-issued Tax Returns for last 3 years (copy)

YES

Form I-485

$985 + $85 biometric fee (Should I make separate money orders?)

You can make 1 money order

Address: USCIS

P.O. Box 805887

Chicago, IL 60680-4120

YES

Should I file for I-131 concurrently with the above?

YES,if you need to travel during AOS adjudication. Its free if filed concurrently

Thanks for your help.

[ChrisPG 30]

Attach Form G-1145 separately in front of each Application Form Package.

You only need one G-1145.

Passport copy (Should all copies be notarized? And which ones should be original?)

Do not send your original passports and there is no need to notarize the copies. Just send a photocopy of the information page plus any visas or stamps.

Two Photographs (myself and wife)

If you are referring to the passport photos then you will need more than one each. Read the instructions to Forms: I-485, I-130, I-131 & I-765 because each one has photo requirements.

Birth Certificate copy (wife)

Marriage certificate copy

Divorce decree copy (previoius marraige of myself and wife)

Utility Bills copy (cable)

Home rental lease copy

Marriage/Home pictures

All good evidence.

G-325A (for both)

You will need three G-325A's. One for your wife and two for you. Again this read the instructions to Forms I-130 & I-485.

Form I-864

Should I attach my own and my wife's tax returns as well in addition to my sponsor's? My wife is on Government benefits living below poverty line and she can't sponsor me financially. Can I have my friend fill this form up? If so, will my wife also become his responsibility in addition to me?

- Proof of current employment or self employment (copy)

- W2, 1099, IRS-issued Tax Returns for last 3 years (copy)

Your wife will need to complete and sign Form I-864 and send in her tax returns/W2 etc regardless of if she meets the financial requirements. If she does not meet the requirements then your friend will also need to file an I-864 and submit their tax returns/w2 etc.

Your tax information is irrelevant since you are out-of-status and thus your income cannot be used.

Form I-485

$985 + $85 biometric fee (Should I make separate money orders?)

No need for separate money orders. However you may need to make them anyway since I believe that the USPS only issue MO's up to $1,000.

Should I file for I-131 concurrently with the above?

There has been a recent discussing on filing an I-131 and leaving the country while out-of-status. File it if you want, but IMHO I wouldn't leave the country until you have your GC in hand. You should however file Form I-765 so that you can legally work.

[h1bgreencard 0]

Thanks for your kind feedback. My final package looks pretty much something like this. See if I'm still missing something before I actually mail them?

Form G-1145

- Twelve Photographs Each of USC (US Citizen) and Myself (2"x2" print name with pencil on back of each photo)

- Passport and visa stamp copy

- Birth Certificate copy (wife)

- Marriage certificate original

- Divorce decree copy

- Utility Bills copy

- Marriage/Home pictures

- Joint Bank Account

- Joint Term Life Insurance

- Copies of Christmas/holiday/birthday cards addressed to both

G-325A (two for myself, one of wife)

Form I-130

$420 (Money Order in the name of U.S. Department of Homeland Security)

Form I-864 (wife and sponsor both need to fill separate forms)

- Proof of current employment or self employment

- W2, 1099, IRS-issued Tax Returns for last 3 years

Form I-485

$985 + $85 biometric fee

Form I-765

Form I-131

Two or more affidavits by friends/relatives of couple

Name-change proof (marriage certificate or court order)

Address: USCIS

P.O. Box 805887

Chicago, IL 60680-4120