Filing I-130 and I-485

[KMArmenta 7]

Hi,

My husband and I are considering doing his I-130 and I-485 applications ourselves, vs. paying a lawyer to do so for us. I have been researching the applications and requirements, and I think I have a pretty good handle on it. I do have a few questions/concerns though and I am hoping someone on this site may have been through the same thing or have suggestions for me.

A little background information on him,

• He was brought into the USA illegally as a child.
• He graduated high school here.
• He has Deferred Action for Childhood Arrivals.
• He has a valid US drivers license. (It has a red line that says "LEGAL PRESENCE - NO LAWFUL STATUS")
• He has an Employment Authorization Card.
• He has a social security number. (The card says "VALID FOR WORK ONLY WITH DHS AUTORIZATION")
• He has no criminal record.
• He has Deferred Action for Childhood Arrivals.
• He applied and was granted advanced parole earlier this year
• He has a stamped I-94. (Under purpose it has "A.O.S.")

My questions for I-130,

1. He was born in Mexico and his birth certificate is in Spanish. Do we need to get a translated copy?
2. Does he have an Alien Registration number?
3. Part C, #14, What should I put here?
4. Part C, #19, He resides in the USA and does not have an address abroad. Do I put N/A here?

and for the I-485,

1. What is the Biometric Services Appointment? What do they do?
2. Does the civil surgeon fill out the I-693 or do I fill it out based on something they will provide?
3. I am not sure what to put as his current USCIS status?
4. Under Part 3, In what status did you last enter? I am unsure of what should go here.
5. Part 3, Non immigrant visa #, I am not sure what this is?
6. If he is fluent in English and will not be using an interpreter do we remove and discard the interpreters statement or just put N/A?

That's all I have for now, and tips or advice will be appreciated.

Thanks!

[Hypnos 6,576]

Has he departed and re-entered the US at least once using his AP? I assume since he has an I-94 then this is the case.

Edited October 6, 2014 by Hypnos

[NikLR 13,227]

~~moved to AOS from work, tourist, or visitor visas from IR1/CR1 process and procedures as that forum will be more appropriate~~

[KMArmenta 7]

Hypnos, Yes he departed and re-entered the US using his Advanced Parole in July, 2014. He has the stamped I-94, it has "A.O.S." and an eleven digit number on it.

[Hypnos 6,576]

Then he's certainly eligible to file for AoS. On to your questions:

I-485

1) It's them taking a photograph and capturing his fingerprints electronically. If it took more than five minutes I'd be surprised, as that's how long it took me.

2) You can fill out the biographical information at the top of the I-693 and then take that copy with you to the civil-surgeon, but they have to fill out all the rest of it. Sometimes they like to fill all of it in themselves.

3) "Paroled" or "Parolee".

4) Same as (3).

5) I would enter "N/A - DACA".

6) Leave that part blank.

I-130

1) Yes, although if you or he is fluent in both languages he can translate a copy himself.

2) Yes. It should be listed on his EAD as "USCIS #".

3) "Parolee".

4) "None".

Edited October 6, 2014 by Hypnos

[KMArmenta 7]

Thank you, Hypnos, for your answers so far!

Here's a tricky question.

We are married with a baby but retain separate addresses. I am in a lease that I cannot break without severe monetary penalties and he is not eligible to move in here without being a permanent resident. On the I-130 number 20, what would be the best way to handle this? With a continuation sheet to explain the situation?

Thanks!

[Hypnos 6,576]

Yes I think so. Don't forget that the I-130 is your application and would need to have your address on it; the I-485 would be your husband's application and would need his address. It's very likely you would asked about these separate living arrangements, so make sure you have a cogent explanation ready, together with as much proof of a bona fide relationship and marriage as you have.

It does sound slightly strange that he cannot live with you.

Edited October 7, 2014 by Hypnos