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Filed: F-1 Visa Country: Ecuador
Timeline
Posted

Hello there,

I am currently an OPT student in the US. I am getting married in two weeks, and my OPT does not expire until October 23rd.

I am completely unfamiliar with the paper work and process that needs to take place. I just found the Step by Step guide on how to file an I-130 for a spouse in the US, so I will be taking a look at it.

I was just wondering if anyone out there could give me some tips, suggestions, etc on what to do and what not to do.

Also, my fiancé finished school two years ago.. She worked for a while and now she is back in school (since January 2013). She has a part time job, but she is not making much right now...

Would that be a problem?

We bought a house last year July 2012, but since I am in F1 VISA we put the loan and the house on her name only. Should I put my name there as well?? I guess it will help.

Thank you for your time and help.

Sincerely,

Felipe

Posted

Hello there,

I am currently an OPT student in the US. I am getting married in two weeks, and my OPT does not expire until October 23rd.

I am completely unfamiliar with the paper work and process that needs to take place. I just found the Step by Step guide on how to file an I-130 for a spouse in the US, so I will be taking a look at it.

I was just wondering if anyone out there could give me some tips, suggestions, etc on what to do and what not to do.

Also, my fiancé finished school two years ago.. She worked for a while and now she is back in school (since January 2013). She has a part time job, but she is not making much right now...

Would that be a problem?

We bought a house last year July 2012, but since I am in F1 VISA we put the loan and the house on her name only. Should I put my name there as well?? I guess it will help.

Thank you for your time and help.

Sincerely,

Felipe

I did mine almost one and a half year ago, so my memory is not so fresh, but you need to file i-130, i-485, i-851 and ead card and advanced parole if you need it. You cannot travel outside US without approved parole while your GC is under processing or your status is considered abandoned, if I'm not wrong.

Since you said your fiance only works part time, I am assuming she doesn't make more than 125% of the poverty limit? If she doesn't you will need to find a co-sponsor for your I-851.

The forms are pretty straight forward and you can do all of them yourself and attach the necessary documents and evidence. If it gets too overwhelming, you can hire a lawyer.

My congratulations to you on your marriage and good luck on your journey!

Filed: Timeline
Posted

Follow the guide: http://www.visajourney.com/content/i130guide2

You will file I-130, I-485, and probably I-765 and I-131. Supporting documents for I-485 will include I-864 and I-693. You will also need several G-325A, one for each of you for I-130 and one for the beneficiary for I-485.

She can get a co-sponsor if her income is not enough.

You do not need a lawyer.

Filed: F-1 Visa Country: Ecuador
Timeline
Posted (edited)

I did mine almost one and a half year ago, so my memory is not so fresh, but you need to file i-130, i-485, i-851 and ead card and advanced parole if you need it. You cannot travel outside US without approved parole while your GC is under processing or your status is considered abandoned, if I'm not wrong.

Since you said your fiance only works part time, I am assuming she doesn't make more than 125% of the poverty limit? If she doesn't you will need to find a co-sponsor for your I-851.

The forms are pretty straight forward and you can do all of them yourself and attach the necessary documents and evidence. If it gets too overwhelming, you can hire a lawyer.

My congratulations to you on your marriage and good luck on your journey!

Herp Derb,

Thank you very much for your response. I really appreciate you taking the time to help me.

Here are a few more questions...

My fiance and I are getting marry on the 14th of April, and we will submit the paper work by the end of that month. Therefore, by the time that we are submitting the papers, we will officially be husband and wife. I found a section under the I-864 Instruction that says:

"If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status."

How can this apply to me? What does it exactly mean? Right now I have a good where I am planning on staying for at least one more year. Would that be acceptable?

Also, what is the 125% of poverty level?

I found that for a household of two the guideline is $15510. So if we need 125%, would that be 15510*1.25 = $ 19387.5??

If 19387.5 is what my fiance needs to show, I think we should be okay with her part time job only.

Also... We own a house, and her taxes for 2012 show more income than $20k. Can we use that?

I hope to hear from you soon.

Once again, thank you for your time and help.

Sincerely,

Felipe

Edited by Felipesrt
Filed: F-1 Visa Country: Ecuador
Timeline
Posted

You will file I-130, I-485, and probably I-765 and I-131. Supporting documents for I-485 will include I-864 and I-693. You will also need several G-325A, one for each of you for I-130 and one for the beneficiary for I-485.

She can get a co-sponsor if her income is not enough.

You do not need a lawyer.

Newacct,

Thank you for the link.. I am using right now and it gives lots of good/useful info.

However, I still have a few questions...Maybe you can give me your thoughts on this:

My fiance and I are getting marry on the 14th of April, and we will submit the paper work by the end of that month. Therefore, by the time that we are submitting the papers, we will officially be husband and wife. I found a section under the I-864 Instruction that says:

"If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status."

How can this apply to me? What does it exactly mean? Right now I have a good where I am planning on staying for at least one more year. Would that be acceptable?

Also, what is the 125% of poverty level?

I found that for a household of two the guideline is $15510. So if we need 125%, would that be 15510*1.25 = $ 19387.5??

If 19387.5 is what my fiance needs to show, I think we should be okay with her part time job only.

Also... We own a house, and her taxes for 2012 show more income than $20k. Can we use that?

Please let me know what your thoughts are.

Once again, thank you for your time and help.

Sincerely,

Felipe

 
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