Help Please

[GCQA 0]

Hi,

I’m on H1B Visa and I’m applying for Green Card through family (wife) who is a US citizen & a Student. Can anyone please help me in answering the following questions?

1)      Affidavit of support: Which document (example: I-864) should me & my wife fill? as I earn enough to sponsor myself and my wife is a student.

2)      Application for employment authorization (I-765): Do I’ve to submit this form?

And finally, I want to ask that Is it okay to do the filing process by my own (easy or difficult) Or do I’ve to hire an attorney? I know this is personal preference but I just wanted to know other people opinion as well.

 

Thanks in advance J

[tato2017 41]

1- you can do it yourself.

2- I believe (other can chime in) Your wife needs to fill out I-864 even though you earn enough to support yourself and you should find co-sponsor in case  your wife`s  income is not sufficient.

3- Yes you should file I-765 as well.

 

Here is the starter guide for you:

Form I-130 Completed and signed form by Petitioner (U.S. Citizen).
Form I-130A Completed and signed by spouse beneficiary.
A personal check or Money Order amount of $535 made out to U.S. Department of Homeland Security.
https://www.uscis.gov/forms/our-fees

Two-passport style photo of U.S. Citizen with full name on the back and name on plastic bag.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of U.S. Citizen`s Birth Certificate or Passport Biographical Page, or Naturalization Certificate.
Copy of U.S. Citizen`s Driver License or Passport Biographical Page.
Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).
Copy of beneficiary`s passport biographical page.
Copy of beneficiary`s most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Evidence Showing Bona Fide Marriage:
 ☐ Joint IRS Tax Return Transcripts (if you have it).

 ☐ Birth Certificate of your children (if you have any).

 ☐ Joint Lease or Mortgage showing joint tenancy (if you have it).

 ☐ Joint Bank Statements. (Checking, Saving, Credit Cards etc.).

 ☐ Joint Utility Bills (Or Utility Bills showing the same address for each spouse)

 ☐ Joint Cell Phone Bills.

 ☐ Joint Car title.

 ☐ Joint Car Insurance.

 ☐ Life insurance showing each other as beneficiary.

 ☐ Retirement accounts showing each other as beneficiary.

 ☐ Health, dental Insurance showing you are on one another plan.

 ☐ Photographs (Weddings, Trips, Family gatherings, Friends)

 ☐ Affidavits from your family, friends having personal knowledge of your bona fides marriage.

 Form I-485 Completed and Signed by Beneficiary (Alien Applicant).
A personal check or Money Order amount of $1225 made out to U.S. Department of Homeland Security. (Including biometric fee).
Copy of foreign birth certificate for beneficiary accompanied by full-certified translation.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary`s passport nonimmigrant visa page (if you have)
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).

Copy of your H1B I-797 approval Notice
 Form I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)
“You do not need to send with your initial application but you need have it with you during the interview”
Form I-864, Affidavit of Support Under Section 213A of the INA:
 ☐ Petitioner copies of IRS federal income tax return transcripts for the last one year (Optional last 3 years).
 ☐ Copies of Petitioner`s W2`s or 1040`s forms.

 ☐ Copies of Petitioner`s pay stubs.
 ☐ A letter of employment verification for the petitioner.

 
Form I-765 Completed and Signed by Beneficiary.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
https://i94.cbp.dhs.gov/I94/#/recent-search

*No Filing Fee is required for I-765 since it is being submitted along with I-485.

Form I-131 Completed and Signed by Beneficiary.
Copy of beneficiary`s passport Biographical page.
Copy of beneficiary most recent I-94.
Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

 

 

Good Luck!

 

[GCQA 0]

 

Thank you so much for the very helpful information. 

 

15 minutes ago, tato2017 said:

you should find co-sponsor in case  your wife`s  income is not sufficient.

I don't have anyone to co-sponsor and my wife doesn't earn anything that's the reason I want to sponsor myself. In such regard which docs should be filled by whom?

 

 

[cyanmavi 101]

As the immigrant, you cannot sponsor yourself. You can put down assets if you have enough, instead of wife's income.

[DrEllaNJ 288]

1) your wife is your sponsor, as the primary sponsor needs to be a US citizen. However, I believe she can count your income under 'household income' - see instructions:

 

Item Number 3. - 17. Current Annual Household Income. This section is used to determine the sponsor’s household
income. If your individual annual income listed in Item Number 2. is greater than 125 percent (or 100 percent if you are
on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty
Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member’s
income. See Form I-864P for information on the Federal Poverty Guidelines.
To determine the filing requirements for your relatives included in Part 6., Item Numbers 3. - 14., follow the instructions
below.

 

1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.
2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.
 

So from what I understand, you should get a letter from your employer verifying your employment, and you should include evidence (like a utility bill or something) that you are living in the same house. Since you are on H1B already, you should be able to continue your employment.

 

2) I would get the EAD, if only just for peace of mind, since it'll allow you to work for any employer, not just your current employer. Furthermore, your authorization to work will technically no longer be based on H1B visa but on your AOS. Plus, it's free when filed with i-485. Also, don't forget i-131 which will allow you to travel abroad without abandoning your AOS application (also free).

 

3) you can do it yourself. You may want to seek verification from someone who has also adjusted from H1B and counted their own income. It's different for those who adjust from K1 (fiance) or student visas since they don't have the right to work yet, so it'd be impossible to prove their income will continue from the same source.

Edited September 19, 2017 by DrEllaNJ

[GCQA 0]

Thank you so much cyanmavi

DrEllaNJ :

Thank you so much   very detailed information. I really appreciate it.