Came on VWP running out of time to file i130/i485

[MrMadCat 18]

Hi guys I am from the UK. I came here a couple of months ago on VWP and married around 35 days after I arrived. I had no intention to marry or stay it just happened and, well, here I am. I have around 20 days left until my VWP runs out and I end up overstaying. I am in Pittsburgh, PA. Anyway my wife and I have known each other since October last year and it progressed really fast. WE first planned to submit an i130 on its own due to time and financial constraints since my medical check is on the 10th this month, then we read that it would STILL make me go out of status so we have to file the i130 and i485 concurrently. We just about have the documents togehter for the i130 so now I said to my wife, we gotta do the i485 too and send them off together. My questions are as follows...

1. Our evidence of a bonafide marriage is an affidavit from her mom, her close friend. SHe had been to UK in January and we met. She has the tickets from there and we have only one pic of us actually together in England, but she was still there with me. SHould we submit this one pic with our i130 application? We also have a joint bank acoount here we set up after we got married. She put me on her health insurance as a dependant. Should we send in copies of that as well?

2. In the i130/i485 guide 2 it says for i130 to submit a certified copy of marriage certificate, and same in i485. Do we just duplicate it and have 2? Same with g325a, do we both fill out the 2 required in the i130 and the one (me) a duplicate of what I filled out in the i130 one?

3. When I entered on the VWP the guy stamped my passport with something that is pretty much unreadable (like there is very faint almost non visible ink and his initial). It's unreadable. Will this be an issue? It says to make copes of biographic page and the entry stamps. Well this is my only "stamp" so I just make a copy of that page even though it's almost invisible? What will happen if causes problems? Will this delay things to the point that I will go OoS?

4. On the g325a, it asks for applicants last address for 5 years. Well since I've been here since april do I put at the top (blah to present) my address im staying at in pittsburgh from april to present, then below that my address i lived at in England? Same with my wife, she's a USC so does she need to put in all her addresses for the g325a she is filling in?

5. The main concern for me right now is trying to make sure I don't go oos and overcomplicate things. I don't want to be away from my wife and we need to be together. If I get this off, by say, the 13th, that leaves me 8 or so days before going oos. I know that's pushing it but I need to know, is this DOABLE? Even if they send an RFE or something more does te actual application being pending or whatever still put me safe? Please help. Wrote this in a bit of a hurry, so apolgoies for being confusing at any point.

[Harpa Timsah 13,258]

1. One photo and plane stub? No. Health insurance and joint account? Yes. Read the I-130 instructions for suggestions of evidence of a bona fide marriage.

2. Yes to duplicates. You don't need a certified copy, just a regular photocopy (VJ guide is wrong on this. I can link to USCIS instructions if you want).

3. Try a color copy so that it is more readable. Nothing you can do about it.

4. Yes.

5. When your application is accepted for initial review, you will begin a NEW period of authorized stay. If you overstay between your VWP expiration and your submission, nothing will happen. Overstay is irrelevant/forgiven for spouses of US Citizens who adjust in-country. There are certainly other effects of overstaying, and it is generally not a good thing, but if you have one or two days in this situation (applying for permanent residence based on marriage to a citizen), it makes no difference.

[SOflaherty 40]

Your status will be considered pending once they get the package, so you are good. Overstay is forgiven for spouses of USC's, so it won't affect anything, just don't plan on leaving the country while your case is being processed. My own husband overstayed 2 years before we could file, so I understand the stress, but no worries, is all good.

As far as your passport, make copies of all pages, even if they are blank. It's slight overkill, but better safe than sorry IMO. With the stamp, send what you have, but I'm pretty sure the ESTA's are all electronic now anyways, so they will have record of your flight. I wouldn't stress too much over that.

Marriage certificate - b/w copies of a certified document are fine, you don't have to pay for multiple certified copies. Keep the one you pay for, and just make regular copies of those, they just want to be able to see the info and the stamps showing they are authentic. In fact you can send b/w copies of anything that the packet says 'certified' copies of, so long as what you are copying was certified, and take that copy to the interview.

Evidence - you don't need to send a ton with the initial packet, but anything you have showing co-mingling of finances is great - bank statements, insurance beneficiary stuff, things like that, and send the picture you have. You'll have the next couple of months to gather more. Envelopes from cards sent for your wedding, pictures showing you both with your friends/families would be good, any bills she can have you added to, like a cell phone account would be great too. Don't stress too much, they understand that newlyweds don't usually have a ton of bills together immediately. Really important that she try to get you on the lease ASAP if she is renting, btw. That gives you something substantial and most states require you be on it if you live there.

You both need to list all addresses you've had for the last 5 years on your biographics forms, current one at the very top.

You've not mentioned financial info, so I will say she can send in the copies of her tax returns/w-2's etc, but it's WAY simpler if she orders her tax transcripts for the last few years instead, takes a week or two to get them but tax papers seem to be the most-RFE'd things I've seen.

Most important is double and triple-check everything before you send it against the guides here, and RELAX. Loads of people do this every day, you can too.

Edited July 5, 2012 by SOflaherty

[MrMadCat 18]

Hi guys, thank you so much for getting back. Yours answers were really helpful. I have another question though, on the i485 it asks me stuff about an i94. I don't have that obviously. Like "Give exact name as it appears on your I-94" Do I just put n/a or none into that box? or just leave it blank? Thanks again.

[Harpa Timsah 13,258]

N/A.

[Lisa and Ian 7]

Hi guys, thank you so much for getting back. Yours answers were really helpful. I have another question though, on the i485 it asks me stuff about an i94. I don't have that obviously. Like "Give exact name as it appears on your I-94" Do I just put n/a or none into that box? or just leave it blank? Thanks again.

The i-94 is your landing card from when you arrived in the USA. You don't have it?

[Xanax 349]

It might be a VWP thing- I didn't have one either.

[Harpa Timsah 13,258]

The i-94 is your landing card from when you arrived in the USA. You don't have it?

VWP people don't get I-94s anymore.

[STOCK29 0]

You're best bet is to call USCIS, and speak with a rep:) however,only having a few days left... don't worry too much about that, you're actually classified as an immediate family member (spouse) of a US citizen...

Send everything you have for the forms, you also gotta get a passport style photo (2) of yourself, as also you're wife...

Photocopies of you're marriage certificate,birth certificate, passport, license,

but photos of you two being together isn't required, save those for when you eventually have the interview

Read the instrictions carefully, and follow them

You need to write the address you lived at before you arrived here, UK residence.. and where it ask for current, write where you're living now!!

[STOCK29 0]

I-94 isn't issued to VWP's.... you would have entered you're details on ESTA site before you flew here, that is what replaces I-94....

Remember you're applying for (creation of permanant residency) you officially don't have an actual case (pending) till you submit all you're forms...

Once uscis recieves you're forms, they will send you out a I-797c (notice of action)..

Giving you instructions on what to do next,

On the I-485, make sure you tick an appropriate box under (application type) read over everything before you submit, uscis will send it all back if you have not filled it out right..

Goodluck to you both

[MrMadCat 18]

Hey guys, here is a little update. Been a crazy few weeks trying to get everything together for both concurrent I-130 and I-485. I think we are almost complete. I Have compiled a checklist, but need some help on knowing if I missed anything, and some other questions.

Just to reconfirm, I'm married to my wife, which we got married just after 30 days and she is a USC. Also note that I go OOS on 23rd, so yeah no matter what I'm going OOS since this won't get there in time, but it won't be a problem again, will it? I mean the person looking will note the date it was sent and if on the ball will realise I was still in status while it was sent? We want to get this sent out tonight, so it's all rush and my wife is at work so she can't really help me put this together right now.

For I-130 I have the following...

1 Check of $420 to...We're not sure who we write it to? U.S Department of Homeland Security?

1 I-130 filled by wife

1 G325A wife. In it where it says this is filed in application of, I put in other and "Spouse I-130". Is that correct?

1 G325A wyself. On application of I put status as permanent resident.

1 Photo wife, written on photo her name, and on bag "photo of [her name]". I put a piece of paper behind it and used a paperclip to attach the paper and bag.

1 Photo myself, same process as above except my name.

1 Birth Certificate copy of my wife, front and back

1 Birth certificate myself, front (there is no back on UK BC)

1 Biometric Page of my passport (I did print all the other pages including the stamp, but should I save them for the I-485 since it asks for that there?)

1 Copy of our Marriage Certificate

Evidence of bonafide marriage:

- Copy of health insurance card with her new last name, and myself listed as a dependant.

- Copy of statement of joint bank account we opened together. THis is in my name and her maiden name, before she changed her last name. That shouldn't cause a problem, should it?

- Copy of Her drivers license with her new name change.

- Copy of joint credit card we opened together. USing her new last name too.

- 2 affidavits. One from her Mum and one from her close friend, that both support our marriage even though we eloped in vegas.

So that covers the I130, right? Did I miss anything? Now before I go over I485 checklist I have a question. When I compile the forms and cover letter, do I write ONE cover letter since it's concurrent listing all the contents of BOTH i-130 and i-485? Also, how to I seperate the I-130 from I-485. We have like a little cardboard binder and some paperclips, etc. Just don't wanna get the i130 mixed with i485. Is there a standard method? My wife and I had a disagreement about how it should be compiled. SHe said all in one, just use paperclips to seperate the i130 and i485. I said we should use them to keep stuff like all the passport copies and other photocopies that are in bulk together, and seperate by little cardboard folder. Am I wrong?

Anyway, I-485 check list which is what I am about to tackle.....

1 Check for $1070 to (once again, is this U.S Department of Homeland Security?)

1 Form I-485

1 Copy of my passport ALL pages including the biographic page. Stamp is barely visible and faded so, this may cause an RFE? or something?

1 Copy of my birth certificate

1 Copy of marriage certificate

2 passport style photos of myself. Should I cut them into seperate and write individually on each or write once on the 2 I have that are not cut seperate?

1 duplicate of G-325A from I-130. Same as above, put application for status of permanent resident.

1 I-693 medical exam completed

1 I-765 exployment auth

1 I-131 travel

1 I-864 my wife filled this in obviously, but does she need to attach anything with it?

...........

I completed a G-1145 too.

Am I missing anything? I probably have some questons regarding a few questions on some forms I am not sure about still, before sending in, but have I pretty much got it all together? Right now it's all just laying on the floor and table, not sure what to do with it all!!

]Edit: Should I print out my ESTA or anything and include it somewhere?

Edited July 20, 2012 by MrMadCat

[Harpa Timsah 13,258]

Most of your questions will be answered by reading the instructions. It says there very clearly who to make the check out to, and it also says it in the VJ guide. You absolutely need stuff for the I-864... if you have nothing you will get a RFE. That information is also in the instructions. You are also missing photos (you need 4 more, 2 for I-131 and 2 for I-765). It doesn't matter how the package is complied... whatever is neat. They will take it apart and throw away your cardboard folders, so I would skip that bit.

Edited July 20, 2012 by Harpa Timsah

[MrMadCat 18]

Most of your questions will be answered by reading the instructions. It says there very clearly who to make the check out to, and it also says it in the VJ guide. You absolutely need stuff for the I-864... if you have nothing you will get a RFE. That information is also in the instructions. You are also missing photos (you need 4 more, 2 for I-131 and 2 for I-765). It doesn't matter how the package is complied... whatever is neat. They will take it apart and throw away your cardboard folders, so I would skip that bit.

Hey sorry, went over this whole thread again and my question was answered previously. So I was on the right track about who the check gets written out to, I just checked. (no pun). Just gets stressful.

Guess I will just organize with paperclips and let my wife go over it herself.

So I assume the following is correct:

Make ONE cover letter for both I-130 and I-485 that lists the content of the entire package, then just organize it based on what was in the cover letter. So I think, other than that and the extra photos, wifes additional documentation for the i864, we are all set.