Legal permanent resident married F-1 visa holder

[Marian&Gus 0]

Dear friends,

I (Gus) became legal permanent resident in 05/2012 as a derivative of my mother's case. CSPA applied to my case. I got my green card, SSN and everything is great so far; I found my first job, I have a stable salary, health insurance and so on. Marian (girlfriend at that time, now she is my wife) and I knew for a few years. She entered the U.S in June, 2011 with a F-1 visa, she received a SSN that says not authorized to work without approval of DHS (or something similar). Our relationship became stronger and we decided to marry in the U.S. we haven't go out of the country. We married on Nov, 25th 2012.

I knew that we had a lot of paperwork to do, but I'm very confused right now, because all the information I find is regarding U.S. citizens married to non-residents.

So this is what I think i need to fill, please correct me if I'm wrong:

1. I-130 Petition for Alien relativeG-325-A Biographic information for both of us.
2. I-485 Application for adjust status. this is where it gets confusing. Is she eligible to adjust status at this point? Remember, I am a LPR, not citizen. Should I send this form with the required documents in the first envelope, along with I-130, I-765, I-864? Page 3. Initial evidence, 1. Criminal history: what document should I include here, she has not committed any crime. Is there a document that shows no criminal records that I'm not aware of? Page 4, 7. Medical examination: should I send this report in the first envelope?
3. I-864 Affidavit of support. I have not filled taxes in the U.S. yet, what to do to when filling this form?
4. I-765 Application for Employment Authorization. Should I send this form with the required documents in the first envelope, along with I-130, I-485, I-864?
5. G-1145 E-notification. This one was my favorite.

More questions:

1. Should I send all of this forms TOGETHER in the same envelope but clearly identified to the Chicago lockbox? 2. What about the change of name? Should I fill the forms with my last name and her first name? at what point should she take my last name? (Her passport, f-1 visa, drivers license, SSN have her maiden name.)3. Regarding translations. My uncle worked as translator for many years in the U.S. (he is an u.s. citizen) can he translate our documents from Spanish to English? Does he need have any sort of license or certification to do it?

Thank you very much for taking the time to read my post,

Marian&Gus

[ceadsearc 516]

She's not eligible to adjust status now. You file the I-130, wait for approval, then wait for a visa number to become available - about 2-3 years. She needs to either maintain lawful status in the US the whole time or return home until her visa number is current.

[canadian_wife 1,829]

Agreed, how long are her studies? How long is her student visa valid for?

good luck

[Marian&Gus 0]

1355094806[/url]' post='5863129']

Agreed, how long are her studies? How long is her student visa valid for?

good luck

Thanks for your response, that was fast!

She has f-1 until 04/2016 and she is currently studying Bussiness management and has no intention to stay out of status. She has an I-20 an she renew it often. She still has at least two and a half years to graduate.

Any advice for us?

Marian&Gus

[Marian&Gus 0]

1355093862[/url]' post='5863116']

She's not eligible to adjust status now. You file the I-130, wait for approval, then wait for a visa number to become available - about 2-3 years. She needs to either maintain lawful status in the US the whole time or return home until her visa number is current.

Thank you for your response,

So what should I include in the first envelope? What forms?

Thanks again,

Marian&Gus

[VanessaTony 3,567]

Thank you for your response,

So what should I include in the first envelope? What forms?

Thanks again,

Marian&Gus

Just the I-130 and it's associated forms. NOT the I-485 because she's not eligible yet.

[VanessaTony 3,567]

1. I-130 Petition for Alien relative yes
   
2. G-325-A Biographic information for both of us.yes
   
3. I-485 Application for adjust status.no this is where it gets confusing. Is she eligible to adjust status at this point? no
   
4. I-864 Affidavit of support. I have not filled taxes in the U.S. yet, what to do to when filling this form? No. When the time comes and you are given petition approval (2-3 years as previously stated) you will submit one. You will have filed taxes by then. If you don't make enough you will need a co-sponsor.
   
5. I-765 Application for Employment Authorization. no. She's not eligible for a work permit based on AOS
   
6. G-1145 E-notification. This one was my favorite.

More questions:

1. Should I send all of this forms TOGETHER in the same envelope but clearly identified to the Chicago lockbox? No. just the I-130 and it's supporting documents

2. What about the change of name? Should I fill the forms with my last name and her first name? at what point should she take my last name? (Her passport, f-1 visa, drivers license, SSN have her maiden name.) if she is planning on taking your name, yes

3. Regarding translations. My uncle worked as translator for many years in the U.S. (he is an u.s. citizen) can he translate our documents from Spanish to English? Does he need have any sort of license or certification to do it?no

[Boiler 46,144]

She has to keep her F1 going until a visa number is available.

[Marian&Gus 0]

1355096060[/url]' post='5863156']

She has to keep her F1 going until a visa number is available.

Yes, she is studying and she won't go out of status.

Thanks for your reply,

Marian&Gus

[TBoneTX 46,167]

*** Thread moved from AOS/Family-Based main forum to the AOS from Work, Student, & Tourist Visas main forum. ***

Edited December 10, 2012 by TBoneTX