Adjusting from student to permanent resident

[Aussielad 37]

Just had a friend get married today and they are wanting to know what are the "exact" forms needed to fill out to adjust his status from student to permanent resident as they dont want to use a lawyer (they also have no money for that lol)

What are the forms needed to do that?? do they need both birth certificates/marriage certificates/photos of wedding and relationship and all that other fancy stuff???

Thanks for your help and input, look forward to hearing the replies.

Aussielad

[Silke 1]

They have to file package I-130 (petition for alien relative) and package I-485 (application to register permanent residence/AOS). At the same time they can apply for Advanced Parole (if he wants to travel before he receives his greencard) and EAD (if he wants to work before he receives his greencard). Have a read here:

http://www.visajourney.com/forums/index.ph...page=i130guide2

If you want, pm me, I'm also adjusting from F1.

Good luck.

Silke

[Alex+R 0]

In other words, it's the same thing as we're all going through. Adjusting from a different status, but ultimately adjusting to the same status (LPR)

[mawilson 2,133]

  Aussielad said:

What are the forms needed to do that?? do they need both birth certificates/marriage certificates/photos of wedding and relationship and all that other fancy stuff???

Lots and lots of forms:

The I-130 package:

1. Form I-130: Petition for Alien Relative, filled out, signed and dated by the U.S. citizen.

2. Copy of the U.S. citizen's full Birth Certificate (front and back) and/or a copy of ALL pages

of his/her US passport. This is used to establish citizenship.

3. A copy of the beneficiary's Birth Certificate and/or passport *along with English translation*.

(If the Birth Certificate is in a foreign language.) Everything has to be in English - it's VERY

important.

4. A certified copy of the marriage certificate. They should go to the court house and order

several certified copies - they will need one for the I-130 and one for the I-485.

5. If either of them has been divorced before - a certified official copy of their divorce documents.

6. G-325A (*all 4 pages*) biographical info form, filled out by the U.S. citizen, signed and dated.

7. One passport-type photo (spec here: http://travel.state.gov/pdf/Photo%20Guide%2010-01-04.pdf)

of the U.S. citizen. Write his/her full name on the back. Place it in a plastic bag and label the bag

"Photo of <U.S. citizen's full name>". Attach the bag to a sheet of paper and place behind the

corresponding G-325A.

8. G-325A (*all 4 pages*) biographical info form, filled out by the beneficiary, signed and dated.

9. One passport-type photo (spec here: http://travel.state.gov/pdf/Photo%20Guide%2010-01-04.pdf)

of the beneficiary. Write his/her full name on the back. Place in a plastic bag and label the bag

"Photo of <Beneficiary's full name>". Attach the bag to a sheet of paper and place behind the

corresponding G-325A.

10. Payment as required by USCIS. Use a money order so you can track the payment.

11. Cover Letter. Include a description of what you are petitioning for (I-130), a table of contents

(list everything in the packet). If you need additional room to explain your case, attach a

separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

The I-485 Package:

1. Form I-485: Adjustment of Status Form, filled out, signed and dated by the beneficiary.

2. Copy of the beneficiary's passport (biographical page as well as entry stamps)

3. Copy of the beneficiary's I-94 (front and back copies)

4. A copy of the beneficiary's Birth Certificate and/or passport along with English translation (if needed.)

5. A certified copy of the beneficiary's marriage certificate.

6. G-325A (all four pages) for the beneficiary, filled out, signed and dated

7. Two passport-type photos (see specification, link above) of the beneficiary. Write the full

name on the back. Place in a plastic bag and label the bag "Photo of <the beneficiary's full name>".

Attach the bag to a sheet of paper and place behind the G-325A.

8. I-693, Medical Examination of Aliens Seeking Adjustment of Status - the beneficiary should

schedule a doctor's appointment and get the form signed by one of the USCIS-approved

doctors.

9. I-864, Affidavit of Support filled out and signed by the U.S. citizen (see poverty limits here:

http://www.uscis.gov/files/form/I-864p.pdf)

10. Supporting documentation for the U.S. citizen's I-864: last year's tax return (better:

tax returns from the last three years). If he/she didn't file taxes, include a signed statement

from him/her explaining why he/she didn't file taxes.

11. I-864, Affidavit of Support filled out and signed by a co-sponsor (if the U.S. citizen doesn't

meet the requirements.)

12. Supporting documentation for the co-sponsor's I-864: last year's tax return (better:

tax returns from the last three years), employment pay stubs, a recent bank statement

(e.g. a savings account). If the co-sponsor didn't file taxes, include a signed statement from

him/her explaining why he/she didn't file taxes.

Optional:

13. I-765, Application for Employment Authorization, filled out, signed and dated by the

beneficiary.

14. Additional required supporting documentation for I-765, photos and payment as per

USCIS instructions.

15. I-131, Application for Travel Document, filled out, signed and dated by the beneficiary.

16. Additional required supporting documentation for I-131, photos and payment as per

USCIS instructions.

17. Payment for the I-485, as required by USCIS. Be sure to include the payment for

both the I-485 and the the fingerprinting fee*. Use a money order so you can track the

payment.

18. Cover Letter. Include a description of what you are petitioning for (I-485), a table

of contents (list everything in the packet). Make sure to sign and date the cover letter.

Add an overall cover sheet with the description of the package and pertinent information

such as your name and address. Make sure the cover sheet indicates the package is an

"Immediate Relative (Spouse) Family Based Adjustment of Status Application with a

concurrent I-130 filing." List the major contents of the package (i.e. I-485 and evidence,

I-130 and evidence, I-765, I-131, etc.)

Mail everything to the right place, as stated on the form (most likely the Chicago lockbox)

Be sure to mail the package with return receipt requested and delivery confirmation.

Send via USPS.

IMPORTANT!

Make TWO copies of the entire package before you send it in. This includes the money

orders too. You want to have a perfect replica of the package you are sending in. Retain

ALL originals. The USCIS has the right to check them by issuing an RFE (Request For

Evidence). If you receive an RFE, follow the directions exactly, and make two copies of

what you send back.

Source: VisaJourney FAQ / Guide section

[Hilarious Clinton 452]

  Alex+R said:

In other words, it's the same thing as we're all going through. Adjusting from a different status, but ultimately adjusting to the same status (LPR)

E pluribus unum

[sparkofcreation 0]

  Alex+R said:

In other words, it's the same thing as we're all going through. Adjusting from a different status, but ultimately adjusting to the same status (LPR)

Yeah, but the forms have to be filed all at once instead of in a certain order.

To the OP, it's in the Guides up top. There's a section called When Both the USC and Foreign Spouse Live in the United States. Or something like that.

[Aussielad 37]

thanks for the information, im going to help them fill it out aswell.

One other question, can we send EVERYTHNG at once? like the I-130,I-485,G-325A,I-864 all that stuff can be sent all in one pack????

And once its prepared,...what address does it get sent to??? living in Puerto Rico so it goes to the Vermont Service centre?

[mawilson 2,133]

  Aussielad said:

One other question, can we send EVERYTHNG at once? like the I-130,I-485,G-325A,I-864 all that stuff can be sent all in one pack????

Yes you can and you should! Include separate money orders though - in case they separate them later.

  Aussielad said:

And once its prepared,...what address does it get sent to??? living in Puerto Rico so it goes to the Vermont Service centre?

From uscis.gov:

Family-Based Applications

If you are filing for lawful permanent resident status based on a family relationship with

a U.S. Citizen or lawful permanent resident, file your I-485 at:

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120