Serious questions about i-130 / G-325a and the procedure

[Babar 0]

Hi everyone,

as we are filling the forms i-130 / i-485 / G-325a, I have some specific questions that remain unanswered on certain things:

1) when my wife (she is the USC) and I got married, she took my name additional to her maiden name (ex: John Doe, and Jane Smith get married, Jane's new name on the marriage certificate is now Jane Smith Doe).

However, she has not changed her documents yet (passeport, Social security card, driver's licence). everything is still on Jane Smith...

Is it ok that her passeport's name is still on her maiden name?

What should she write on the forms regarding:

- her name

- other names used (box 7 on i-130).

2) I am a VISA J1, on my I-94 is written D/S as the expiration date. Everyone has told me to write this as the expiration date of my VISA.

On the i-130, my wife can't type D/S on the form (it only accepts a date). Can she print it out and write it by hand ? Is it ok to mix computer typing and hand writing on these forms?

Same for the G-325A, there is not enough space for my hometown + country, so I would have to print it out and write it by hand.

3) After reading many posts on the forum, I am still confused with the payements regarding i-130, i-485 and biometric fees.

Do I have to pay the i-130 fees as we are sending everything together?

In any case, should i write one single check or send 3 different checks with the payements addressed to "Department Of Homeland Security" ?

4) My Visa expires on June 18th and I can stay in the country up to July 10th. When does my status will be ok after I send the package ? I know processing everything takes time but my time is limited...

5) Regarding the bonafide of marriage, can I put both our joint bank account AND the lease we share for our apartment or it will bother them to have too much information ?

Sorry if some of these questions be seem ridiculous, but I really want to have everything correct the first time.

Thank you so much for your help !

Edited April 24, 2013 by Babar

[goodbar 1]

1. She should use the new name "Jane Smith Doe" on the form and get her documents changed asap before the interview. If she can't get something due because of lack of time I'm almost sure they would understand as it's a recent marriage

2. Yes you should print it and write it by hand. D/S means duration of stay which is a good thing for you in this case because it's not a date set in stone at the time you entered and was inspected at the POE. It's rather set by another factor. For example a student's I-94 would say D/S and the actual date their legal status expires is determined by their I-20 and or EAD/OPT/STEM-Extension. Type as much as you can and write in the rest that cannot fit.

3. Fees are as follows:

I-485 $985 + Biometric $85 = $1070

I-130 $420

I-765 Free when filed with I-485 or after a NOA for I-485 is received

I-131 Free when filed with I-485 or after a NOA for I-485 is received

You are free to do one check or two or three. I've noticed most persons did two. $1070 and $420. Make the check or money order payable to U.S. Department of Homeland Security (not "USDHS" or "DHS").

4. I'm not exactly sure what you are asking here. Please explain

5. You can definitely put all you evidence of bona fide marriage in the package. Some people will advise this some people say take it to the interview. I only sent my marriage certificate BUT the instructions on the form is to include all evidence of bona fide marriage. Crossing my fingers I dont get an RFE for this ;-)

NB. No questions here are ridiculous. We all come here to help each other. Cheers!

Edited April 24, 2013 by goodbar

[Babar 0]

1. She should use the new name "Jane Smith Doe" on the form and get her documents changed asap before the interview. If she can't get something due because of lack of time I'm almost sure they would understand as it's a recent marriage

2. Yes you should print it and write it by hand. D/S means duration of stay which is a good thing for you in this case because it's not a date set in stone at the time you entered and was inspected at the POE. It's rather set by another factor. For example a student's I-94 would say D/S and the actual date their legal status expires is determined by their I-20 and or EAD/OPT/STEM-Extension. Type as much as you can and write in the rest that cannot fit.

3. Fees are as follows:

I-485 $985 + Biometric $85 = $1070

I-130 $420

I-765 Free when filed with I-485 or after a NOA for I-485 is received

I-131 Free when filed with I-485 or after a NOA for I-485 is received

You are free to do one check or two or three. I've noticed most persons did two. $1070 and $420. Make the check or money order payable to U.S. Department of Homeland Security (not "USDHS" or "DHS").

4. I'm not exactly sure what you are asking here. Please explain

5. You can definitely put all you evidence of bona fide marriage in the package. Some people will advise this some people say take it to the interview. I only sent my marriage certificate BUT the instructions on the form is to include all evidence of bona fide marriage. Crossing my fingers I dont get an RFE for this ;-)

NB. No questions here are ridiculous. We all come here to help each other. Cheers!

Thank you so much for your answer.

Regarding the question 4, I was mentioning the fact that my visa expires on June 18th. I know I can overstay my visa once my application is processing. Does my application needs to be accepted and "pending", or does the fact that I just sent my application is sufficient ?

[goodbar 1]

Thank you so much for your answer.

Regarding the question 4, I was mentioning the fact that my visa expires on June 18th. I know I can overstay my visa once my application is processing. Does my application needs to be accepted and "pending", or does the fact that I just sent my application is sufficient ?

4. To answer your question correctly it needs to be accepted and pending BUT it doesn't have to be accepted and pending before June 18th or any particular date as a matter of fact. Now understand that you will need EAD to work and AP to travel but as far as just "being here" it doesnt matter when your visa expires if you have intentions of sending in the application. I will say If for some reason you decide to wait until after june 18th to mail off your application and you dont have any other status here, then you are out of status but that will be forgiven once you do file the application. IF you are currently out of status, stay as far away from legal issues as possible. Tickets can get you deported in some states..

[Babar 0]

Thank you so much goodbar! these are great answers.