Can't figure out if you should submit Form I-485

[CitizenJ 5]

I am a USC trying to get a green card for my Chinese wife - we are both currently living in China.

When submitting form I-130, should you also submit form I-485? Some sites I that I have read say it is an option but they don't specify what the benefits of doing so are.

Also, can I use my step-father (who lives in America) as a sponser for my wife on the affidavit of support? Obviously I would not be able to sponser her as I am not working in America.

One last question for any people who have gone through this process in China. I've heard from many people that I can only send my documents to the USCIS office in Guangzhou but I read on a website that I can also send my documents to the USCIS office in Beijing. Do you guys know anything about this？

Thanks.

[Ian H. 207]

The I-485 is only to adjust status within the US.

You can use whomever would agree to be your joint sponsor, they do not have to be related to you. They do, however have to make the 125% of the poverty level on their own or with an eligible household member that is willing to combine incomes. You cannot combine any income you have with a joint sponsor, unless they are part of your household.

About filing directly from China, I am unfamiliar with the process, but hopefully another member will comment soon.

[Ryan H 3,829]

***Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.***

**Moderator hat off**

When a spousal visa is being sought, the I-485 is a form that is never used at any time.

You can submit your file to the USCIS office in Beijing if you currently reside in the jurisdiction of that office. The jurisdiction for this office is as follows:

• Beijing
• Shanghai
• Tianjin
• Hebei Province
• Jilin Province
• Liaoning Province
• Shanxi (山西) Province
• Inner Mongolia Autonomous Region

If you do not reside in any place on the above list, then you will have to submit your file to the USCIS field office in Guangzhou.

[CitizenJ 5]

Thanks a lot guys. I really appreciate it.

You cannot combine any income you have with a joint sponsor, unless they are part of your household.

But if my joint sponsor makes 125% of the poverty level it's OK that I have no income, correct?

And Ryan H: I read on you signature that even though you reside in China you mailed form I-130 to Chicago. Why is this? Is there any benefit to having your I-130 form processed by the Chicago office? And it is OK to mail your form? - even to a Chinese USCIS office?

Thanks again.

[Ryan H 3,829]

But if my joint sponsor makes 125% of the poverty level it's OK that I have no income, correct?

Yes

And Ryan H: I read on you signature that even though you reside in China you mailed form I-130 to Chicago. Why is this? Is there any benefit to having your I-130 form processed by the Chicago office? And it is OK to mail your form? - even to a Chinese USCIS office?

Thanks again.

I've never resided in China, only visited there. After my wife and I got married, I had to fly home (was downright miserable when I arrived back) and return to work.

Neither field office will accept a file by mail, you must go in-person. If you are filing at the Beijing field office, you will have to make an appointment prior to going. No appointment is necessary if you have to go to the Guangzhou field office but you can only appear during their open hours which are 0830-1030.

Edited August 11, 2014 by Ryan H

[CitizenJ 5]

Yes

I've never resided in China, only visited there. After my wife and I got married, I had to fly home (was downright miserable when I arrived back) and return to work.

Neither field office will accept a file by mail, you must go in-person. If you are filing at the Beijing field office, you will have to make an appointment prior to going. No appointment is necessary if you have to go to the Guangzhou field office but you can only appear during their open hours which are 0830-1030.

Thanks a heep man. Really appreciate the help. Good luck in the future.