Questions on Forms for AOS

[David and Marina 0]

Ok, I have the following questions stump me Anyways here goes, and THANK YOU very much in advance.

I-485 Form:

Part 1: Current USCIS Status: What do we put here, married to a US Citizen, filing for AOS.

Part 2: Application Type: Ok, now I am no rocket scientist, but good Lord, do I check box H: and add in "Spouse of a US Citizen". Didn't see that in the checkboxes..go figure.

I-864:

Question 21: Do I enter "1" for (a) as it is my spouse AND 1 for ©??? That would equal 3 in my total household. Which box do I put "1" for my wife?

Question 24b: Do I put my wife's name down, and then income of ZERO since she is not/can't work currently? OR should I leave it blank?

Thank you again for all your help..

[YuAndDan 153]

Current USCIS Status: K-1 Visa holder.

Application type: C, I entered as a K-1...

I-864 is being used for and immigrant not a spouse, so 1 for the immigrant. If later you sponsored a child or other relative then you count your spouse as a spouse.

If your spouse makes no money you need not list her income and name on 24b

Look at the example forms.

http://www.visajourney.com/forums/index.ph...p;page=examples

If your income exceeds 125% poverty line consider using I-864EZ it requires less financial evidence documentation.

[___ 0]

I-485 Form:

Part 1: Current USCIS Status: If her visa is still valid, I would suggest you put *insert visa name* VISA HOLDER (for example: "K1 visa holder")

[Killer_Clown_2009 0]

Part 1: Current USCIS Status:

I think you said she came on a tourist visa - put tourist visa

Part 2:

Check off "A" - they count your pending I-130 in this category, though it is not clear.

I-864:

Only count each person once, I did not check off the box for spouse (which was me) seeing as i was already counted as the sponsored immigrant. If it's just the two of you - it's "2" for hh size.

Question 24b: Do I put my wife's name .....

Don't add her in, just leave it blank.

Edited November 20, 2006 by jane2005

[Dr_LHA 3]

Part 1: Current USCIS Status:

I think you said she came on a tourist visa - put tourist visa

The poster's timeline says they came as a K-1 visa holder, and therefore should put K-1 visa holder.

Part 2:

Check off "A" - they count your pending I-130 in this category, though it is not clear.

Actually as a K-1 visa holder, the correct answer is "C".

[YuAndDan 153]

Part 1: Current USCIS Status:

I think you said she came on a tourist visa - put tourist visa

Part 2:

Check off "A" - they count your pending I-130 in this category, though it is not clear.

I-864:

Only count each person once, I did not check off the box for spouse (which was me) seeing as i was already counted as the sponsored immigrant. If it's just the two of you - it's "2" for hh size.

Question 24b: Do I put my wife's name .....

Don't add her in, just leave it blank.

Jane2005, From the OP's profile it shows them as a K-1 visa case, so the example forms here on VJ should be the correct guide for a K-1 Visa holder to be adjusting status.

[David and Marina 0]

Part 1: Current USCIS Status:

I think you said she came on a tourist visa - put tourist visa

The poster's timeline says they came as a K-1 visa holder, and therefore should put K-1 visa holder.

Part 2:

Check off "A" - they count your pending I-130 in this category, though it is not clear.

Actually as a K-1 visa holder, the correct answer is "C".

Let me clear that up. She came as TOURIST VISA, not on a K1. We withdrew the K1. Long story, but anyways.

Thank you all for the answers.

Still confused about Part 5: SO I put 01 in (a) and the leave C blank (even though she is my spouse??)

Part 1: Current USCIS Status:

I think you said she came on a tourist visa - put tourist visa

The poster's timeline says they came as a K-1 visa holder, and therefore should put K-1 visa holder.

Part 2:

Check off "A" - they count your pending I-130 in this category, though it is not clear.

Actually as a K-1 visa holder, the correct answer is "C".

Let me clear that up. She came as TOURIST VISA, not on a K1. We withdrew the K1. Long story, but anyways.

Sorry, one more thing. SO do I check (A) for the I485 Part 2 since she is my spouse?

Thank you all for the answers.

Still confused about Part 5: SO I put 01 in (a) and the leave C blank (even though she is my spouse??)

[Dr_LHA 3]

Ah OK. You probably should update your timeline or put something in your sig, because I clicked on that and saw your K-1 app.

Yes, check "A" in that case because a foriegner married to a USC has a visa number immidiately available, rather than having to wait for one like, for example, non-USC spouses of GC holders.

[Killer_Clown_2009 0]

Sorry I wasn't clearer, I had answered some q's for this same couple in another thread, so I knew the spouse was here on a tourist visa, not a K1. There's not really an option for that on the timeline, so probably a lot of people have it filled out incorrectly (I did at first too).

I don't know what the correct format is for counting your spouse on the affidavit of support. I had already been counted as the person being sponsored, so i left the spouse box blank, figuring that they would already know I was the spouse. I don't know if this'll cause an issue (hope not), but it seemed to me the logical thing to do.

Edited November 20, 2006 by jane2005