Starting the process in July

[Frannyglass 10]

Thank you for the reply... So even though none of her income would be valid (does she have to write zero as income?), she would still have to fill out her own? I know she can have two joint sponsors, but they both have the same household, I'm a bit confused about that. I think the household counts both adult children (my spouse and her sister) living in same roof and both getting ssi, so it would be household of 5 including me. The minimum is $34,000 which the parents definitely make if they combine both incomes. However I am unsure whether either of them makes $34,000 on their own... and they file their taxes together so the tax return paper would mention both, i think? I have yet to discuss it with them...

I wonder if it would be easier to use a different sponsor, a friend of mine who agreed to it as a back up. He lives alone and has a high income, so it would definitely cover the $20,000 needed to cover him and me as "household of two", which is what they say if using a sponsor outside of the immigrant's household.

Edited June 30, 2013 by Frannyglass

[KayDeeCee 4,893]

Yes, the petitioner/sponsor must always fill out an I-864, even if they have zero income. The parents would not be two joint sponsors. One parent fills out an I-864 and the other fills out an I-864A as the qualifying household member of the one filling out the I-864. Their incomes would be combined together on the I-864 and together act as joint sponsorship. They do not have to qualify with their income separately.

The household size is not based on whether or not you live with someone. Household count details are in the I-864 form instructions and is the sponsor themselves, any spouse, any minor children, anyone else they claim on their taxes plus the intending immigrant. If the parents do not claim the adult children on their taxes, then they are not included in their household count.

[Frannyglass 10]

Thank you, that clears everything up for us!

I was following the steps from the big Nolo book Fiancé and marriage visa. However I have an older version, 2010 or 2011 I think, and it says nothing about sending proofs of bona fide marriage in there, it says those will be required at the interview. However, reading here and on the official site, it does say it has to be sent with the I-130.

Now I need help with what to send. All we have is a joint bank account that we've had for two months, because we both have limited incomes (her being disabled, and me being a student). We live together but with her parents, they pay the bills and they're under their names. I am on the family phone plan since December 2011 though, that could help? I also have plenty of letters, emails, photos, etc. do I make copies of those? Do I send originals of envelopes addressed to both of us?

[KayDeeCee 4,893]

In place of a lease, you can have her parents write an affidavit attesting to the fact that you two live as a married couple in their home. There are some sample affidavits in the example forms here on VJ, or you could do a search here and probably find others. The shared phone plan works. Do you have drivers licenses/state IDs showing the same address? You can make copies of those if you do. Make copies of the mail addressed to you both and some of your photos, emails, letters, etc. No originals needed. Hang onto those. Hmm, any shared insurances? Anyone listed as beneficiary on life insurance or retirement plan of the other? Just put together what you can that shows co-mingling of finances and living together as a married couple.

[Frannyglass 10]

Thank you again!

What we have:

- a joint bank account for everyday expenses (groceries, etc.) that we have been using together for two months

- life insurance policy, my name has her as beneficiary, hers as me as beneficiary

- I'm on the phone family plan since 2011

- affidavits from: her parents, twin sister (she lives with us too), and 4 friends we have in common

- magazine subscriptions with both our names

- our ids have the same address, since early 2012

- all my mail comes to her family house too

- we printed photos to send

- receipts for gifts we bought each other, and purchases we made together (bed, new mattress, dollhouse we built together, etc.), although it is under my name, but to the same address

- receipts from all the trips we took together (flights and hotels)

- paperwork from a cryobank about the donor we picked for our future child, paid for and keeping in storage for two years,and photos of the donor who looks like my spouse

- we have about 200 letters we sent each other, a lot of them are postcards that are on our wall, as we used to send each other a postcard a day for every day we spent apart. Do I make a copy of all of them or do I take a photo of the lot, either on the wall or on the floor showing the back (writing) of them, does it matter

- we have about 4000 emails from her in my inbox, a lot of them are Facebook conversations... Do I print them out from Facebook? It's a mess to sort out! (And often very personal)

- we have matching tattoos (bride of frankenstein and frankenstein monster) and I also have her name tattooed.

- I made her a special gift when we got engaged, it's still in our room, should I mention it? (A vending machine with 300 vintage toy rings, little love note and 1 engagement ring)

- toys I made her throughout the years

- we have a cat that we adopted together, vet bills have both our names on them

I just want to weed out what isn't necessary...

I have time to work on this while waiting for medical results. Will get it all ready, so in the meantime I appreciate all the help I can get.

[KayDeeCee 4,893]

You are welcome!

The stuff you have looks solid. I would choose a few of the postcards to send copies of, or take the picture of all of them at once. If you can just print out the inbox showing the emails between you with the dates and your email addresses, that should be enough. No need for all of them. Or, just select a few from over the entire time of your relationship that do not contain anything too personal you would not want to share.

Edited July 2, 2013 by Jay-Kay

[Little_My 464]

I think your evidence looks more than solid - I'd hold off on sending pages and piles of FB correspondence and/or cards and letters. Pick a few spanning over time, and send copies of those for now.

Also, I wanted to send you the warmest of Congratulations. Personally, the day DOMA was repealed, my "traditional" marriage felt stronger than ever to me and my husband. It was about time for US to take this step towards actual marriage equality. In Finland we have a saying: "Shared joy is double the joy".

[Frannyglass 10]

Thank you for all the help! I have received the result from the Civil Surgeon and made most of the copies needed for the application. I was advised to check with an attorney before sending everything, and am awaiting an appointment from an attorney company offering free consultations for same sex binational couples applying for the green card. I should be hearing back from them this week. They are busy since everyone is sending their application at the same time.

In the meantime, while getting everything ready, I would appreciate some extra advice and help.

I am trying to write the cover letters, I picked an example from this forum, but am having trouble wording the evidence: here is what it looks like so far:

Nature of the submission: I-130 Petition

Dear Sir/Madam,

Enclosed, please find the form I-130, Petition for Alien Relative for (alien spouse) and supporting documents.

Content include:

1. Check for $420.00 (Filing fee for I-130)

2. Cover letter of the content

3. Form I-130, Petition for Alien Relative

4. Copy of US Citizens birth certificate

5. Copy of US Citizens Passport (Biographical page)

6. Copy of Alien Spouse Birth Certificate with certified translation

7. Copy of Alien Spouse Passport (Biographical page and Entry Stamps)

8. Copy of Marriage Certificate

9. Form G-325A, Biographic Information for US Citizen Petitioner

10. Two Passport style Photograph for US Citizen (Placed on a plastic bag, attached to a blank sheet paper)

11. Form G-325A, Biographic Information for Alien Spouse

12. Two Passport style Photograph for Alien Spouse (Placed on a plastic bag, attached to a blank sheet of paper)

13. Evidence of Bonafide Marriage

Copy of marriage certificate

Joint bank statements

Copies of Life insurance contracts

Affidavit stating same address

Affidavit from both spouses (telling the story of how we met)

Affidavits of bona fide relationship

Copies of flight receipts from trip taken to visit each other

Copies of flight and hotel receipts from trips taken together

Copies of paperwork from Fairfax Cryobank

Copies of bills

Copies of selection of receipts from purchases made together

Copies of selection of receipts from gifts made to each other

Copies of selection of emails and letters sent to each other

Copies of mail addressed to both spouses

Selection of pictures taken during span of relationship with descriptions

Also, do I just put all the sheets together as is, or do I separate each category? Do I staple those together, can I paper clips to pin them together? Should I add a note for each explaining what it is (example, what said gift was for), or/and some cover letter per category, example "selection of emails sent to each other between xx and xx (dates)", and is it ok to hand write on the photos to explain the situation and dates (I made real copies of our photos that I will enclose). Is it advised to take our passport photos ourselves (I have done that for my visa) or should we get them professionally done? As it seems I need 6 for myself.

Finally, I have two passports: my expired passport has all the stamps, and entry paper, and my visa in it. The new passport was issued last summer and I have never used it. Do I make copies of all the pages from the old one, and just the biographical page for the new one?

Thank you!

Edited July 8, 2013 by Frannyglass

[Little_My 464]

You should assemble the different packages separately - i.e. put I-130 and accompanying documents together as one package and I-485 and accompanying documents together as another package. I also separated I-131 and I-765 into separate "packages". I put each application with accompanying documents in a separate manila folder with a separate cover letter on top, then everything together into a big envelope with one main cover letter for the whole thing.

I wouldn't advise stapling anything together, as it will most likely make things more difficult for USCIS. Paper clips are fine. If you feel like some pieces of evidence require an additional note/post-it to explain what they are, then attach that, but you don't necessarily have to. I wouldn't go overboard with the receipts of purchases and gifts, i.e. don't send tens of them - you can always bring more evidence to the interview.

You'll need a copy of your current passports bio page, and copies of all passport pages with entry stamps on them, despite which passport they are from. Maybe it's a good idea to also add the bio page of the expires passport, since that is where all your entry stamps are in.

[Frannyglass 10]

sorry, it posted while I was editing!

Edited July 11, 2013 by Frannyglass

[Frannyglass 10]

Thank you for all the help!

We are almost ready to send out the application, we are planning on shipping it on Monday. I am finishing the cover letters and other letters, would someone mind taking a look and letting me know if they look ok? I am a perfectionist, and having trouble with what terms to use to describe myself (applicant? Non US Citizen Spouse? Alien?) and my wife. Also, whether or not to put our address and the date on the top, and do we handwrite our name with our signature and date at the bottom or can the name be printed out?

Here it is:

1. Overall cover letter:

USC and Non USC address on the top right corner

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Immediate Relative (Spouse) Family Based Adjustment of Status Application with Concurrent I-130 Filing.

Dear Sir/Madam,

Enclosed, please find the following content:

• I-130, Petition for Alien Relative and evidence

• I-485, Application to Register Permanent Residence or Adjust Status and evidence

• I-765, Application for Employment Authorization and evidence

• I-131, Application for Travel Document and evidence

Please contacts us if you have any questions. Thank you very much for your help.

Sincerely,

Her name My name

U.S. Citizen Spouse (Petitioner) Alien Spouse

I-130 cover letter:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Nature of the submission: I-130 original submission

Dear Sir/Madam,

Enclosed, please find form I-130, Petition for Alien Relative for (my name - non US applicant) and supporting documents.

Content includes:

1. Check for $420.00 (Filing fee for I-130)

2. Cover letter of content

3. Form I-130, Petition for Alien Relative

4. Copy of US Citizen’s birth certificate

5. Copy of US Citizen’s passport (all pages)

6. Copy of Alien Spouse's birth certificate with certified translation

7. Copy of Alien Spouse's expired passport and current passport (all pages)

8. Copy of Marriage Certificate

9. Form G-325A, Biographic Information for US Citizen petitioner

10. One passport style photograph of US Citizen (Placed in a plastic bag, attached to a blank sheet paper)

11. Form G-325A, Biographic Information for Non US Citizen Spouse

12. One passport style photograph of Non US Citizen Spouse (Placed in a plastic bag, attached to a blank sheet of paper)

13. Evidence of Bonafide Marriage

• Copy of marriage certificate

• Most recent joint bank statement

• Copies of life insurance contracts

• Affidavit of bona fide relationship

• Copy of US Citizen's and Non US Citizen Spouse's driver’s license with same address

• Flight receipts from trip taken to visit each other

• Flight and hotel receipts from trips taken together

• Paperwork from Fairfax Cryobank

• Selection of emails and letters sent to each other

• Mail addressed to both spouses

• Bills including most recent family plan cellphone bill

• Selection of receipts from gifts and purchases made together

• Selection of pictures taken during span of relationship with descriptions on back

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date. Please feel free to contact me if you have any questions. Thank you for your time and patience.

Sincerely,

Name / signature and date

U.S. Citizen Spouse (Petitioner)

I-485 cover letter:

My name, address and phone number on top right corner

USCIS

Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Nature of Submission: I-485 Application for Immediate Relative (Spouse) Family-Based Adjustment of Status (Filed concurrently with I-130 Form)

Concurrently filing: - I-765 Form: Application for Employment Authorization

- I-131 Form: Application for Travel Document/Advance Parole

Dear Sir/Madam,

Enclosed, please find Form I-485 Application for Immediate Relative (Spouse) Family-Based Adjustment of Status and Supporting Documents.

Content includes:

1. Check for $1,070 (filing fee for form I-485, $985 + Biometrics fee, $85)

2. Cover letter of content

3. Form I-485, Application for Immediate Relative (Spouse) Family-Based Adjustment of Status

4. Copy of Applicant’s expired passport (all pages) and current passport (biographical page)

5. Copy of Applicant’s Form I-94 (front and back)

6. Copy of Applicant’s birth certificate with certified translation

7. Copy of marriage certificate

8. Two Passport style photographs of Applicant (Placed in a plastic bag, attached to a sheet of paper)

9. Form G-325A, Biographic Information for (my name/Applicant)

10. l-693, Medical Examination of Aliens Seeking Adjustment of Status (Sealed envelope by the Civil Surgeon)

11. I-864, Affidavit of Support and Supporting Documents for (US citizen's name)

- Form I-864 completed by US Citizen Petitioner

- Written explanation by US Citizen Petitioner with reason for not being required to file taxes

12. Form I-864A, Contract Between Sponsor and Household Member and Supporting Documents

- Form I-864A completed by Father of US Citizen Petitioner

- Copy of Father of US Citizen’s passport (all pages)

-

-

-

- Form I-864A completed by Mother of US Citizen petitioner, and Supporting Documents

- Copy of Mother of US Citizen’s passport (all pages)

-

-

-

- Copy of (US Citizen's name)’s birth certificate to prove family relationship with parents

- Proof of same address: - Copy of US Citizen Petitioner’s driver’s license

- Copy of Mother of US Citizen’s driver’s license

- Copy of Father of US Citizen’s driver’s license

13. Form I-765, Application for Employment Authorization and supporting documents

• Form I-765 filled by Applicant
• Copy of Applicant’s passport (Biographical Page) and driver’s license

• Two Passport style Photographs of Applicant (placed in a plastic bag, attached to a sheet of paper)

14. Form I-131, Application for Travel Document

• Cover letter
• Form I-131 filled by Applicant
• Two Passport style Photographs of Applicant (placed in a plastic bag, attached to a sheet of paper)
• Copy of Applicant’s passport (biographical page) and F-1 Visa
• Copy of Applicant’s driver’s License
• Copy of marriage certificate
• Copy of Applicant’s Form I-94 (front and back)

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration Officer at a later date. Please feel free to contact me, if you have any questions. Thank you for your time and patience.

Sincerely,

(my name)

Non U.S. Citizen Applicant U.S. Citizen Spouse (Petitioner)

Letter for advance parole:

My name, address and phone number on top right corner

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Dear Sir/Madam,

Re: Application for Advance Parole

I have applied to adjust status from F-1 Student Visa to permanent resident. While this application is pending your approval, my wife (US Citizen's name) and I need to travel to France in order to visit my family (my mother is sick and it’s her birthday on October 21st, and my grandfather’s birthday on October 19th) from October 17 to October 28, 2013.

I have enclosed the following documents.

1. Form I-131
2. Two Passport style Photographs (placed in a plastic bag, attached to a sheet of paper)
3. Copy of Passport (Biographical page) and F-1 visa
4. Copy of driver’s license
5. Copy of marriage certificate (for spouse)
6. Copy of I-94 (front and back)

Please feel free to contact me, if you have any questions. Thank you very much for your help.

Sincerely,

Signature and date

Printed name

Written explanation for not filing taxes:

US citizen's name and address, phone number, on top right corner

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Dear Sir/Madam,

I have not included any tax returns for the following reasons:

• I have been receiving Supplemental Security Income since 2010. Before that date, I was unemployed and my income was $0.00, so I did not have to file a return.
• in the tax year 2012 my income was $...... and according to IRS guidelines I was not required to file a return.
• in the tax year 2011 my income was $...... and according to IRS guidelines I was not required to file a return.
• in the tax year 2010 my income was $...... and according to IRS guidelines I was not required to file a return.

I, (name), certify under penalty of perjury under the laws of the United States that the information I have provided in this statement is true and correct.

<Signature and date>