Newbie with questions

[bokins 63]

Hello all,

I hope is the correct place to post this but I have some questions and I'd like some light.

First of all my current situation:

I'm inside the US since 2014 with a F-1 visa (student) that ends in 2019, so I'm lawfully present here.

I'm currently engaged with my girlfriend and we will marry next month in Virginia.

I know (correct me if I'm wrong please) what I have to file is I-130 together with I-485 and everything else as I've been reading at the USCIS page and in the guide of this page (very helpful tho, thank you for having such a helpful information), but I don't know if, as this entitles me directly to a greencard, I'm posting on the correct subforum, as I don't see a section with direct adjustment of status.

So, I have a couple questions so far:

On the guide you have, it shows how to make the package for Adjustment of status by making the I-130 package and the I-485 package, but when I file the documents do they need to be separate packages? If so then I need to attach a form G-325a on each package even though are the same? And do I need to file the document G-1145 on each package or if I do it on the main package it will account for all the notifications needed?

Last question for now and the most important is about the Affidavit of support I-864. First I explain the background so you can give me the answer as accurate as possible.

My fiancee is living with a roommate, who owns the house, and until I'm able to work we won't be able to move to our own place, and she currently (has a business, so not a regular income) doesn't meet the income requirements. Also My mother who is a US citizen lives with my step-father here in virginia too.

She will need to find a joint sponsorship I-864, the question is, does she need to file it with her roommate as they share the same household or can my step-father file the joint I-864 with her? I've been reading the instructions and I don't have it crystal clear yet.

Any advise would be appreciated.

Thank you.

[TBoneTX 45,319]

*** Thread moved from CR-1 Process forum to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum, where the topic better applies. ***

[DeKi 10]

Hello all,

I hope is the correct place to post this but I have some questions and I'd like some light. Yes, this is the right place. You will be adjusting status from a student visa, based on marriage to a US citizen.

First of all my current situation:

I'm inside the US since 2014 with a F-1 visa (student) that ends in 2019, so I'm lawfully present here.

I'm currently engaged with my girlfriend and we will marry next month in Virginia. I assume you know this, but just to be clear -- you will do all the filing you're describing below AFTER you get married and get your marriage certificate. Given that you have the F-1 status until 2019 (and plan to keep it), you might even be better off filing at the end of 2017, so that you will have been married for more than 2 years by the time you apply. This will result in an unconditional green card (permanent residency) if you are approved. Additionally, in the meantime you can all think about how to change the financial situation so that your potential sponsors are best positioned to fill out the I-864. They should 1) meet the required poverty level, but also 2) should have filed taxes for the previous three years and have clear records of those (or why they were legitimately exempt from that requirement). The third thing to think about is that the two of you with your wife should ideally reside at the same address after your marriage. It is not immediately clear from what you wrote that this is or will be the case. You could have good reasons why this is not the case, but it does become a potential red flag.

I know (correct me if I'm wrong please) what I have to file is I-130 together with I-485 and everything else as I've been reading at the USCIS page and in the guide of this page (very helpful tho, thank you for having such a helpful information), but I don't know if, as this entitles me directly to a greencard, I'm posting on the correct subforum, as I don't see a section with direct adjustment of status. ​You don't HAVE TO file the two together, but you can. Reading the guides on this site is helpful, but I would advise you to also read the full instructions for each of the forms you will be filling out directly on the USCIS page. Assuming that you choose the concurrent filing, in addition to the I-130 and I-485, you might want to fill out I-131 (which gives you Advance Parole that facilitates travel out of the US during your waiting process) and I-765 (work authorization). Look at the instructions for all of those.

So, I have a couple questions so far:

On the guide you have, it shows how to make the package for Adjustment of status by making the I-130 package and the I-485 package, but when I file the documents do they need to be separate packages? No, assuming that you choose the concurrent filing, you can mail the two packages in the same envelope to the same Chicago lockbox address.

If so then I need to attach a form G-325a on each package even though are the same? And do I need to file the document G-1145 on each package or if I do it on the main package it will account for all the notifications needed? Yes, you should attach copies of the G-325a for each person to each form that asks for them. Think about the two packages as separate (so each needs to be fully complete on its own) that you just put in the same envelope together. Same thing with the G-1145 -- attach one for each of the applications (two or even potentially four, if you file for the travel and work documents) you are sending. This will ensure you get the best communications from the USCIS when there is some development or question on any one of your applications.

Last question for now and the most important is about the Affidavit of support I-864. First I explain the background so you can give me the answer as accurate as possible.

My fiancee is living with a roommate, who owns the house, and until I'm able to work we won't be able to move to our own place, and she currently (has a business, so not a regular income) doesn't meet the income requirements. Also My mother who is a US citizen lives with my step-father here in virginia too.

She (not clear here whether "she" is your fiancee or your mom) will need to find a joint sponsorship I-864, the question is, does she (based on this part of the sentence, I am going to assume it is your fiancee) need to file it with her roommate as they share the same household or can my step-father file the joint I-864 with her? I've been reading the instructions and I don't have it crystal clear yet.

If you do file right after your planned wedding and the situations you describe are still the same (these kinds of things change), it seems to me your future wife will not be able to sponsor you solely. You are probably better off having her and your stepfather as joint co-sponsors. Separately, your fiancee's living arrangement is not what determines who should be the co-sponsor. She might reside with a roommate, but that does not mean they are considered one household for tax purposes -- this depends on how they file their taxes. It is very uncommon for roommates to have joint taxes or claim each other as dependents or anything like that. Please review this with your fiancee, as well as what your stepfather's tax situation is (how many people he claims as dependents in his household) -- this will be critical for filling out the I-864.

Any advise would be appreciated.

Thank you.

I hope these answers/thoughts were helpful. Good luck!

Edited October 23, 2015 by DeKi

[bokins 63]

Hello all,

I hope is the correct place to post this but I have some questions and I'd like some light. Yes, this is the right place. You will be adjusting status from a student visa, based on marriage to a US citizen.

First of all my current situation:

I'm inside the US since 2014 with a F-1 visa (student) that ends in 2019, so I'm lawfully present here.

I'm currently engaged with my girlfriend and we will marry next month in Virginia. I assume you know this, but just to be clear -- you will do all the filing you're describing below AFTER you get married and get your marriage certificate. Given that you have the F-1 status until 2019 (and plan to keep it), you might even be better off filing at the end of 2017, so that you will have been married for more than 2 years by the time you apply. This will result in an unconditional green card (permanent residency) if you are approved. Additionally, in the meantime you can all think about how to change the financial situation so that your potential sponsors are best positioned to fill out the I-864. They should 1) meet the required poverty level, but also 2) should have filed taxes for the previous three years and have clear records of those (or why they were legitimately exempt from that requirement). The third thing to think about is that the two of you with your wife should ideally reside at the same address after your marriage. It is not immediately clear from what you wrote that this is or will be the case. You could have good reasons why this is not the case, but it does become a potential red flag.

I know (correct me if I'm wrong please) what I have to file is I-130 together with I-485 and everything else as I've been reading at the USCIS page and in the guide of this page (very helpful tho, thank you for having such a helpful information), but I don't know if, as this entitles me directly to a greencard, I'm posting on the correct subforum, as I don't see a section with direct adjustment of status. ​You don't HAVE TO file the two together, but you can. Reading the guides on this site is helpful, but I would advise you to also read the full instructions for each of the forms you will be filling out directly on the USCIS page. Assuming that you choose the concurrent filing, in addition to the I-130 and I-485, you might want to fill out I-131 (which gives you Advance Parole that facilitates travel out of the US during your waiting process) and I-765 (work authorization). Look at the instructions for all of those.

So, I have a couple questions so far:

On the guide you have, it shows how to make the package for Adjustment of status by making the I-130 package and the I-485 package, but when I file the documents do they need to be separate packages? No, assuming that you choose the concurrent filing, you can mail the two packages in the same envelope to the same Chicago lockbox address.

If so then I need to attach a form G-325a on each package even though are the same? And do I need to file the document G-1145 on each package or if I do it on the main package it will account for all the notifications needed? Yes, you should attach copies of the G-325a for each person to each form that asks for them. Think about the two packages as separate (so each needs to be fully complete on its own) that you just put in the same envelope together. Same thing with the G-1145 -- attach one for each of the applications (two or even potentially four, if you file for the travel and work documents) you are sending. This will ensure you get the best communications from the USCIS when there is some development or question on any one of your applications.

Last question for now and the most important is about the Affidavit of support I-864. First I explain the background so you can give me the answer as accurate as possible.

My fiancee is living with a roommate, who owns the house, and until I'm able to work we won't be able to move to our own place, and she currently (has a business, so not a regular income) doesn't meet the income requirements. Also My mother who is a US citizen lives with my step-father here in virginia too.

She (not clear here whether "she" is your fiancee or your mom) will need to find a joint sponsorship I-864, the question is, does she (based on this part of the sentence, I am going to assume it is your fiancee) need to file it with her roommate as they share the same household or can my step-father file the joint I-864 with her? I've been reading the instructions and I don't have it crystal clear yet.

If you do file right after your planned wedding and the situations you describe are still the same (these kinds of things change), it seems to me your future wife will not be able to sponsor you solely. You are probably better off having her and your stepfather as joint co-sponsors. Separately, your fiancee's living arrangement is not what determines who should be the co-sponsor. She might reside with a roommate, but that does not mean they are considered one household for tax purposes -- this depends on how they file their taxes. It is very uncommon for roommates to have joint taxes or claim each other as dependents or anything like that. Please review this with your fiancee, as well as what your stepfather's tax situation is (how many people he claims as dependents in his household) -- this will be critical for filling out the I-864.

Any advise would be appreciated.

Thank you.

I hope these answers/thoughts were helpful. Good luck!

Hello DeKi, and thank you so much for your answers. Last couple of weeks have been a bit stressful and I never found the time to thank you nor respond to your message, but better late than never I guess

The main reason of not waiting util 2017 is that I am already an engineer and I can work here, so since my fiancee has not a regular income we would use mine to be able, for example to move to a place of our own. In the meantime, her roommate and owner of the house has no problems of me moving in, so is what we are going to do, at least we will live together, yay!

I know I don't HAVE TO file everything together, it's just my bad English, sorry And yes, we have read all the instructions and all over the internet, and my fiancee is a tax accountant, so I am confident that she knows all we can do in this aspect

And Thank you about the questions regadring the filing of the applications, it was what I suspected but I was not sure. I will file the I-130, I-485 and the I-765 together, so I will attach a G-1145 to each one.

More clarification about the I-864: Yes my question was that if there were any way my sponsors could be both, my fiancee and my step-father, since he has enough money to support me (He was the one filing my affidavit on my student visa) But I was going through the instructions of the form and on the part 1 I had not clear enough what checkbox we should choose (Have doubts about 1a, 1d or 1e), but I know we should file 2 I-864, one from my fiancee and another from my step father

Once again Thank you for your fast answers and I hope the best for you.

[DeKi 10]

Hello DeKi, and thank you so much for your answers. Last couple of weeks have been a bit stressful and I never found the time to thank you nor respond to your message, but better late than never I guess

Thanks; I appreciate it.

The main reason of not waiting util 2017 is that I am already an engineer and I can work here, so since my fiancee has not a regular income we would use mine to be able, for example to move to a place of our own. In the meantime, her roommate and owner of the house has no problems of me moving in, so is what we are going to do, at least we will live together, yay!

That makes sense. Moving in together after your marriage (and after you get your EAD allowing you to work) will also create the evidence for co-mingling of life and finances, which is necessary for the AOS interview.

I know I don't HAVE TO file everything together, it's just my bad English, sorry And yes, we have read all the instructions and all over the internet, and my fiancee is a tax accountant, so I am confident that she knows all we can do in this aspect

And Thank you about the questions regadring the filing of the applications, it was what I suspected but I was not sure. I will file the I-130, I-485 and the I-765 together, so I will attach a G-1145 to each one.

Sounds good.

More clarification about the I-864: Yes my question was that if there were any way my sponsors could be both, my fiancee and my step-father, since he has enough money to support me (He was the one filing my affidavit on my student visa) But I was going through the instructions of the form and on the part 1 I had not clear enough what checkbox we should choose (Have doubts about 1a, 1d or 1e), but I know we should file 2 I-864, one from my fiancee and another from my step father

So, I personally only had my husband as both petitioner and only sponsor, so he was able to use the I-864EZ, but we did read the other forms and the instructions for them, so I feel I can give some advice on the point you are confused about. (And if I interpreted the instructions incorrectly, a person who has been in the same situation as you can correct me).

You are right that your fiancee (by then wife) and your step-father will be filling out two separate I-864 forms. She will have to select 1a in Part I (she is the petitioner) in hers, while he will select 1d in the same section (he is the joint sponsor) in the other form. Here is a good general set of instructions for this form: http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter8-5.html. (All of this is assuming that both your future wife and your step-dad are US citizens/nationals/lawful permanent residents whose domicile is in the US, which from your earlier messages seems is exactly the case. Just remember that each of them will have to include evidence about this status.)

Once again Thank you for your fast answers and I hope the best for you.

Once again, you are welcome and I hope I was able to help you a little bit more.

Edited November 10, 2015 by DeKi

[bokins 63]

Hi DeKi,

We were getting ready to file the paperwork, and I came across the thread, and realized I never replied to your last comment, so I'm thanking you again for your replies.