Question about guide http://www.visajourney.com/content/i130guide2 (guide for filing for I130 when spouse is in US)(merged threads)

[paolodeslaur 0]

Hi all!

My wife and I have been following the following guide: http://www.visajourney.com/content/i130guide2

She is in the US and now she is adjusting her status. She came on a B2 visa and we got married (she didn't have the intention of getting married and staying when she came).

My question is: why does the guideline include that we need to submit an I94 form and a copy of our marriage certificate with the 485 application? I don't see anything about either document on the USCIS instructions form for completing the form I485.

Thanks!

[arken 4,197]

If you look at the i485 instruction, there is the requirement of copy of i94 and marriage certificate for people coming on k1 visa and marrying a US citizen fiancee in the US.

The i485 instruction can't explicitly put similar instructions for people coming on B2 visa and marrying a US citizen here since people coming on such visas are technically supposed to return back. So I guess VJ understood that such will be the requirement for people marrying in the US no matter how they entered.

[paolodeslaur 0]

If you look at the i485 instruction, there is the requirement of copy of i94 and marriage certificate for people coming on k1 visa and marrying a US citizen fiancee in the US.

The i485 instruction can't explicitly put similar instructions for people coming on B2 visa and marrying a US citizen here since people coming on such visas are technically supposed to return back. So I guess VJ understood that such will be the requirement for people marrying in the US no matter how they entered.

I see, thanks very much for your response.

[EM_Vandaveer 2,417]

This is from the page you referenced, in the "assembling the I-485 package" section:

"Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form)

6. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)

7. A certified copy of your marriage certificate. (If filing for your spouse)

8. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before)"

[paolodeslaur 0]

This is from the page you referenced, in the "assembling the I-485 package" section:

"Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form)

6. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)

7. A certified copy of your marriage certificate. (If filing for your spouse)

8. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before)"

Exactly, but my question was why parts 5 and 7 are there.

[EM_Vandaveer 2,417]

You need to prove legal entry for AOS. So you need an I-94 or at least a passport stamp. For the marriage certificate, I believe it's because the AOS is based on marriage.

[paolodeslaur 0]

Hi all! I have a question about the following guide: http://www.visajourney.com/content/i130guide2

My wife is currently in the US, we are married, and she is going to adjust status (so she will be concurrently filing forms I485 and I130).

In the guide, it says that she needs to submit a birth certificate for the I130 form, but reading the instructions for the I130 form I don't see this requirement listed anywhere. My concern is to not put needless documentation in each packet.

Thanks so much!

[rutabaga 209]

I think it used to be required, but isn't anymore. We did not submit my birth certificate when filing the I-130 for my IR-1/CR-1 visa (and it's crossed out as no longer needed in the I-130 section of the IR/CR guide).

[Pitaya 2,577]

~duplicate thread merged~

~Please refrain from multiple posting of same topic~

Pitaya

VJ Moderation

[paolodeslaur 0]

I think it used to be required, but isn't anymore. We did not submit my birth certificate when filing the I-130 for my IR-1/CR-1 visa (and it's crossed out as no longer needed in the I-130 section of the IR/CR guide).

Thank you! I now suspect that it was required at one time but is no longer required. Do you think it would hurt to put one possible needless document there? My inclination is to error on the side of putting more rather than less documentation in this case, just in case.

[rutabaga 209]

It probably won't hurt; at worst they'll just discard it.

[EM_Vandaveer 2,417]

You need it for the I-485 anyway.

[paolodeslaur 0]

Hi all!

My wife is now concurrently filing forms I130 and I485. She came here on a B2 visa (without the intentions of marrying and staying), but married and is now adjusting her status.

My question is: is there any evidence that we need to provide with the I485 document that she is eligible to adjust status? Or is it implied that since she is filing concurrently with I130 that if that is approved it will provide the basis for her eligibility?

Also, on Part 2 of the form I485, I've read that we should be check (a) for the questions 'I am applying for an adjustment to permanent resident status because'. Can anyone verify for me that this is the appropriate box to check in our case?

Thanks in advance for any help!!

Edited April 20, 2016 by paolodeslaur

[Hypnos 6,578]

http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

And your I-130 serves as the basis for filing the I-485, as you suspected.

[paolodeslaur 0]

http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

And your I-130 serves as the basis for filing the I-485, as you suspected.

Thanks Hypnos! You've been very helpful to us recently, we appreciate it. I've double checked all her paperwork a bunch of times now and I think I've cleared up all the uncertainties I had. Thanks again!