Adjustment Of Status - Questions

[lillyout 0]

Hi,

Please let me know if this is not the correct forum and I will move this post.

I am filing for Adjustment of Status and need guidance from the community to the right direction.

Background:

1. I am currently in H1B status (beneficiary)
2. My wife is US citizen. She is currently unemployed.
3. I came to US on a F1 student visa and have traveled outside once while on F1. I haven't been outside the US after I received H1B status

Forms and related questions:

I-765:

1. Do I choose "Permission to accept employment or Renewal? (I worked on OPT and OPT extension after school and then got H1B later).
2. Qestion 11 - where do I get this date - Should I take the date from my H1B document received date

I-131

1. Part.1.6 - Class of Admission? - I am guessing F1 Student here, but currently I am in H1B.
2. Part.2.1 - Application type? Which one should I select?
3. Part.3-4.a. - Have you ever been issued a reentry permit? - what should be my answer to this after I came in as a student I have travelled outside of US only once - I was still on F1 then.

I-130

1. C.14-> Date Arrived? - Should it be the date I arrived the first time as F1 or the second time when I traveled outside on F1.
2. C.19 -> I have been in US for 7 years now - is this address required?
3. C.22 -> Is this the Chicago Lockbox or my local USCIS office address?

I-864

1. Part 6.5 - this will be 0 because wife is unemployed right now.
2. Part 6.13a-13c - What values should I fill here - what if the latest one was filed as a joint income tax return
3. Do I need to file form I-864A? I am the intending immigrant. Or do I just submit my tax returns and pay stubs (my income meets the poverty guideline).

G-325A - Wife

1. Is the alien registration number required for my wife? She was naturalized and is US Citizen now. She used to have A-number.

[Ontarkie 14,394]

I'll move your post to the right forum for you

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from What Visa Do I Need - Family Based Immigration~~

[lillyout 0]

Thanks you Ontarkie.

Can anyone please help me with these questions.

[Harpa Timsah 13,258]

You would get more help if you put the questions here instead of the numbers. To answer your questions, someone has to open up all the forms and look at the question numbers.

Without looking at the form, I can tell you it is permission to accept and that you have not applied for a reentry permit.

[lillyout 0]

You would get more help if you put the questions here instead of the numbers. To answer your questions, someone has to open up all the forms and look at the question numbers.

Without looking at the form, I can tell you it is permission to accept and that you have not applied for a reentry permit.

Thanks for your reply.

Sorry about the long list of questions below. Your help is much appreciated.

I did not find an option to update my original post. Please find the updates with details on each question below:

I am filing for Adjustment of Status and need guidance from the community to the right direction.

Background:

1. I am currently in H1B status (beneficiary)
2. My wife is US citizen. She is currently unemployed.
3. I came to US on a F1 student visa and have traveled outside once while on F1. I haven't been outside the US after I received H1B status

Forms and related questions:

I-765:

1. At the top of the form there are check boxes with three options:
   1. Permission to accept employment
   2. Replacement (of lost employment authorization document).
   3. Renewal of my permission to accept employment (attach previous employment authorization document).

Do I choose "Permission to accept employment or Renewal? (I worked on OPT and OPT extension after school and then got H1B later).

1. Question 11 – Have you ever before applied for employment authorization from USCIS? Yes/No, Which USCIS office? Date?

I guess my answer would be yes because I have H1B – although it was applied by my employer. Where do I get this date - Should I take the date from my H1B document received date?

I-131

1. Part.1 Information about you. Question 6 - Class of Admission?

I am guessing I should put F1 Student here as that was my status when I last entered in US, but currently I am in H1B.

1. Part.2.1 - Application type? Which one should I select? Options are:
   1. I am a permanent resident or conditional resident of the United States, and I am applying for a reentry permit.
   2. I now hold U.S. refugee or asylee status, and I am applying for a Refugee Travel Document
   3. I am a permanent resident as a direct result of refugee or asylee status, and I am applying for a refugee travel document
   4. I am applying for a Advanced Parole Document to allow me to return to the United States after a temporary foreign travel.
   5. I am outside the United States, and I am applying for an Advanced Parole Document.
   6. I am applying for an Advanced Parole Document for a person who is outside the United States.

1. Part.3 Processing Information –
   1. 4.a. - Have you ever been issued a reentry permit?
   2. 4.b – Date Issues
   3. 4.c – Disposition (attached, lost, etc.)

What should be my answer to this after I came in as a student I have travelled outside of US only once - I was still on F1 then.

I-130

1. C. Information about your relative (that is me)
   1. Question 14 – If your relative is currently in US, complete the following:
      1. He or she arrived as a?
      2. I-94
      3. Date Arrived?

Should it be the date I arrived the first time as F1 or the second time when I traveled outside on F1.

1. C. Information about your relative (that is me)
   1. Question 19 – Your relative’s address abroad.

I have been in US for 7 years now - is this address required?

1. C Information about your relative (that is me)
   1. Question 22 –Your relative is in US and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:
      1. City
      2. State

Is this the Chicago Lockbox or my local USCIS office address?

I-864

1. Part 6 Sponsor’s Income and Employment
   1. Question 5 – My current individual annual income is:

This will be $0.00 because wife is unemployed right now.

1. Part 6 Sponsor’s Income and Employment
   1. 13a Tax year – Total Income
   2. 13b Tax year – Total Income
   3. 13c Tax year – Total Income

What values should I fill here - what if the latest one was filed as a joint income tax return. Also wife worked partially in 2013.

1. Do I need to file form I-864A? I am the intending immigrant. Or do I just submit my tax returns and pay stubs (my income meets the poverty guideline).

G-325A - Wife

1. Alien Registration Number.

Is the alien registration number required for my wife? She was naturalized and is US Citizen now. She used to have A-number.

[Harpa Timsah 13,258]

1. Permission to accept. (I said this already)

2. No, you did not get an EAD before, did you? H1B is wrk authorized, no EAD needed.

3. H1B.

4. Advance Parole. , #4

5. no (I said this too)

6. second time you travelled on F1, and also give change to H1B date and info (on a separate sheet).

7. No.

8. either.

9. Okay.

10. I don't know your salary so I cannot tell you what to put. If you are qualifying based on your employment, you can add your income to your wife's affidavit, no need to a I-864A. And you won;t be a joint sponsor. You'll have to read the instructions again for more details.

11. No I-864A for you.

12. Yes, if you have it.

[lillyout 0]

1. Permission to accept. (I said this already)

2. No, you did not get an EAD before, did you? H1B is wrk authorized, no EAD needed.

3. H1B.

4. Advance Parole. , #4

5. no (I said this too)

6. second time you travelled on F1, and also give change to H1B date and info (on a separate sheet).

7. No.

8. either.

9. Okay.

10. I don't know your salary so I cannot tell you what to put. If you are qualifying based on your employment, you can add your income to your wife's affidavit, no need to a I-864A. And you won;t be a joint sponsor. You'll have to read the instructions again for more details.

11. No I-864A for you.

12. Yes, if you have it.

Thank you very much. This is very helpful

2. I had an EAD during my OPT before I got H1B. But no EAD after that.

3. Ok. I thought the class of admission meant the way I was admitted in US.

10. By "If you are qualifying based on your employment" do you mean to say if my salary meets the required poverty guideline. If so then yes. (I am wondering if I need another joint sponsor as well or is my salary/job sufficient.)

[Harpa Timsah 13,258]

Okay, if you had EAD, then it is still permission to accept (new category) and yes to having one before.

If you are the immigrant, currently working in a legal capacity, and married to a USC, and if you have no other immigrating dependents, then you can add your income to your spouse's affidavit, and you do not need another sponsor.