Form I-864 and form I-765 for I-485

[froggie112 0]

Hi everyone, 

I am F-1 Student and just got married with a US citizen. We are both students and he only has a part-time job. My uncle will be a joint sponsor for me. Can someone please tell me in this case how should I file the I-864 form? Does my spouse need to file it too? and if so, which box he should select for Part 1 and which box should my uncle select for part 1? 

For the I-765 employment form, I selected (c)(9) for question 16, is this correct? and If I submit it with the I-485 form? Do I need to pay the filing fee for it too?

[A'n'L 735]

Your husband (USC) files i130.

You (immigrant) file i485 +i765+i131. Eligibility category for i765 is c9. You do not pay for i765 and i131 when filed with a i485.

Your husband AND your uncle (US resident?) will each file a i864. Your husband chooses 1a and your uncle 1d.

 

[froggie112 0]

1 minute ago, A'n'L said:

Your husband (USC) files i130.

You (immigrant) file i485 +i765+i131. Eligibility category for i765 is c9. You do not pay for i765 and i131 when filed with a i485.

Your husband AND your uncle (US resident?) will each file a i864. Your husband chooses 1a and your uncle 1d.

 

Thank you very much for your quick response! Yes they are both US citizens. Because we are still students and he lives with his family. We do not really have many financial evidences, only a car and a joint bank account. What else can I use to prove our marriage?

[A'n'L 735]

9 hours ago, froggie112 said:

Thank you very much for your quick response! Yes they are both US citizens. Because we are still students and he lives with his family. We do not really have many financial evidences, only a car and a joint bank account. What else can I use to prove our marriage?

Mail addressed to both of you at the same address. In a young marriage, relationship evidence is also more relevant (due to understandable lack of co-mingling). Evidence of traveling together, going to events together, pictures together and with family/friends.

[froggie112 0]

6 hours ago, A'n'L said:

Mail addressed to both of you at the same address. In a young marriage, relationship evidence is also more relevant (due to understandable lack of co-mingling). Evidence of traveling together, going to events together, pictures together and with family/friends.

Thanks! we do have those evidences. Just wonder for the pictures should I write description in the back of the photo? for example, the date it was taken and where? 

[A'n'L 735]

2 hours ago, froggie112 said:

Thanks! we do have those evidences. Just wonder for the pictures should I write description in the back of the photo? for example, the date it was taken and where? 

Yes, you should include explanations for the pictures (location, date and who is in it). The best way to organize pictures is to copy them onto a blank page (in word or powerpoint) and add explanatory text.

[froggie112 0]

18 minutes ago, A'n'L said:

Yes, you should include explanations for the pictures (location, date and who is in it). The best way to organize pictures is to copy them onto a blank page (in word or powerpoint) and add explanatory text.

Thanks, by the way I have one more question about the EAD. How long does it usually take to get it after I send all the package? Because I will graduate in mid of June and I plan to send the package in Mid of April. I need work permit for some jobs I am applying. So I wonder Should I apply for OPT also or just wait for the EAD through AOS?

[A'n'L 735]

5 minutes ago, froggie112 said:

Thanks, by the way I have one more question about the EAD. How long does it usually take to get it after I send all the package? Because I will graduate in mid of June and I plan to send the package in Mid of April. I need work permit for some jobs I am applying. So I wonder Should I apply for OPT also or just wait for the EAD through AOS?

The EAD usually take about three months to receive.

[froggie112 0]

Just now, A'n'L said:

The EAD usually take about three months to receive.

will I be able to stay legally after I graduate while waiting for EAD?

[A'n'L 735]

1 minute ago, froggie112 said:

will I be able to stay legally after I graduate while waiting for EAD?

With AOS in processing, you are in a "period of authorized stay". Remember that you cannot travel in and out of the US during this time (before you have AP). 

[froggie112 0]

1 minute ago, A'n'L said:

With AOS in processing, you are in a "period of authorized stay". Remember that you cannot travel in and out of the US during this time (before you have AP). 

Thank you for all your help!! highly appreciate