Visa overstay - concurrent filing - final questions before submitting

[ac8238 8]

Hi Everyone...I finished my Naturalization journey not too long ago, and now I am getting ready to start another one for my wonderful wife.

This forum has been invaluable to me and I hope once I complete my journey I can help everyone too.

 

I hope all of you can help me clarify some questions as we finalize her AOS package for concurrent filing (i130, i130a, i485, i131, i765 & i693) . I am petitioning her and she is currently out of status on her H2B visa. 

Here we go, hope it is as concise as it can be:

 

I131 Form

• Part 3: Date of intended departure and Expected Length? Do we need to put a date if we don't know it? If not, can we leave it blank?
• Part 4: 1a: Purpose of Trip: In case of Emergency. 1b: List the countries: To be determined. Are these responses okay?

 

I485 Form

 

Part I

• Question 23b - Expiration Date of Authorized Stay Shown on i-94. This is the "class until" date on the white card (i94) correct? Not the Visa expiration date?
• Question 23c - Status on Form i94. Is this asking about current status or Status of the form i94? Should I put H2B or "out of status"?
• Question 24 - What is your current immigration status. Okay to write "out of status"?

 

Part 1 & 3 General question: For the Physical address history and Employment history, do I need to list all in the last 5 years? Or just within the space available of the application?

 

Part 8

• Question 15 - Have you ever been denied a Visa to the US? Wife was denied the H2B the first time in her home country, does this need to be disclosed? She doesn't recall ever submitting any formal application. It was just a quick window interview at the embassy and denial same day.
• Question 16 - Worked without authorization? Initially worked with the H2B, but she continued to work various legal jobs (Receive W2s) when she became overstay status. What do I answer for this? 
• Question 17 -  Have you ever violated terms of your non-immigrant status? I guess Visa overstay is "violating terms" If I answer no here, what further support should we provide?
• Question 61 - Public Assistance: Have you ever received public assistance? Wife received county health care assistance before marriage due to medical emergency. Her hospital bills were paid via a county program for low income. What should we answer here? I don't think this falls under Public Charge, but if we answer yes, will it jeopardize the AOS?

 

I864 Form

• 07/02/15 edition okay? This is the only version on USCIS but it says expires 07/31/2017 on the top right. 

 

General Question

 

• I am planning on attaching two G1145, one for i130 and one for i485. For the i130 I am putting my name (petitioner), but for i485 do I put my spouse (beneficiary) or still myself? Am I complicating matters? Is submitting one on the very top of the package sufficient?

 

If you made it this far, I really appreciate the time and effort it took for your feedback and answers. Thank you all so very much.

 

 

[ColoradoBeauty 79]

10 hours ago, ac8238 said:

Hi Everyone...I finished my Naturalization journey not too long ago, and now I am getting ready to start another one for my wonderful wife.

This forum has been invaluable to me and I hope once I complete my journey I can help everyone too.

 

I hope all of you can help me clarify some questions as we finalize her AOS package for concurrent filing (i130, i130a, i485, i131, i765 & i693) . I am petitioning her and she is currently out of status on her H2B visa. 

Here we go, hope it is as concise as it can be:

 

I131 Form

• Part 3: Date of intended departure and Expected Length? Do we need to put a date if we don't know it? If not, can we leave it blank? Yes, https://www.avvo.com/legal-answers/which-date-do-i-have-to-mention-as-intended-depart-1867073.html
• Part 4: 1a: Purpose of Trip: In case of Emergency. 1b: List the countries: To be determined. Are these responses okay? Not sure, but here is an alternative:

 

I485 Form

 

Part I

• Question 23b - Expiration Date of Authorized Stay Shown on i-94. This is the "class until" date on the white card (i94) correct? Not the Visa expiration date? Yes
• Question 23c - Status on Form i94. Is this asking about current status or Status of the form i94? Should I put H2B or "out of status"? H2B (as written on i94)
• Question 24 - What is your current immigration status. Okay to write "out of status"?  Yes, https://www.avvo.com/legal-answers/my-current-immigration-status-for-form-i-485-and-i-1579827.html

 

Part 1 & 3 General question: For the Physical address history and Employment history, do I need to list all in the last 5 years? Or just within the space available of the application? All (put the extra in the last page or separate addendum). Also 5 years is from the date you completed the form (i.e. Nov 2012 - Nov 2017).

 

Part 8

• Question 15 - Have you ever been denied a Visa to the US? Wife was denied the H2B the first time in her home country, does this need to be disclosed? She doesn't recall ever submitting any formal application. It was just a quick window interview at the embassy and denial same day.  Yes, it's safer to be honest.
• Question 16 - Worked without authorization? Initially worked with the H2B, but she continued to work various legal jobs (Receive W2s) when she became overstay status. What do I answer for this? Yes

• On 1/26/2012 at 7:46 AM, Harpa Timsah said:

  Anyway, OP, most illegal work is irrelevant/forgiven for spouses of USCs who adjust in-country. The exception is if you stole a SSN or if you claimed to be a US Citizen on your employment forms, that is not forgiven. You should be honest, and you should have proof of taxes paid. Good luck.

• Question 17 -  Have you ever violated terms of your non-immigrant status? I guess Visa overstay is "violating terms" If I answer no here, what further support should we provide? Yes, it's a violation, but typically forgiven.
• Question 61 - Public Assistance: Have you ever received public assistance? Wife received county health care assistance before marriage due to medical emergency. Her hospital bills were paid via a county program for low income. What should we answer here? I don't think this falls under Public Charge, but if we answer yes, will it jeopardize the AOS? Yes, it was at the government expense.

  On 1/7/2009 at 3:12 PM, Eshansmommy said:

  I went through the same. I heard it does not automatically gives you a denial. They just want to know and it depends on the kind of help you received. I filled out yes and attached a paper where I explained them the situation.

 

I864 Form

• 07/02/15 edition okay? This is the only version on USCIS but it says expires 07/31/2017 on the top right. Yes

 

General Question

 

• I am planning on attaching two G1145, one for i130 and one for i485. For the i130 I am putting my name (petitioner), but for i485 do I put my spouse (beneficiary) or still myself? Am I complicating matters? Is submitting one on the very top of the package sufficient? I heard 1 G1145 will give you notification for the whole package.

 

If you made it this far, I really appreciate the time and effort it took for your feedback and answers. Thank you all so very much.

 

 

see answers and related discussion topics above

[ac8238 8]

Thank you so much ColoradoBeauty! Especially taking time to cite your answers...really appreciated. 

 

Do I have to provide any explanation of these if I write Yes? 

5 hours ago, ColoradoBeauty said:

• Question 15 - Have you ever been denied a Visa to the US? Wife was denied the H2B the first time in her home country, does this need to be disclosed? She doesn't recall ever submitting any formal application. It was just a quick window interview at the embassy and denial same day.  Yes, it's safer to be honest.
• Question 16 - Worked without authorization? Initially worked with the H2B, but she continued to work various legal jobs (Receive W2s) when she became overstay status. What do I answer for this? Yes

• On 1/26/2012 at 6:46 AM, Harpa Timsah said:

  Anyway, OP, most illegal work is irrelevant/forgiven for spouses of USCs who adjust in-country. The exception is if you stole a SSN or if you claimed to be a US Citizen on your employment forms, that is not forgiven. You should be honest, and you should have proof of taxes paid. Good luck.

• Question 17 -  Have you ever violated terms of your non-immigrant status? I guess Visa overstay is "violating terms" If I answer no here, what further support should we provide? Yes, it's a violation, but typically forgiven.
• Question 61 - Public Assistance: Have you ever received public assistance? Wife received county health care assistance before marriage due to medical emergency. Her hospital bills were paid via a county program for low income. What should we answer here? I don't think this falls under Public Charge, but if we answer yes, will it jeopardize the AOS? Yes, it was at the government expense.

 

I also want to make sure I have enough evidence for Bona Fide marriage, can some one take a look? Thanks in advance. 

 

Evidence of Bona Fide Marriage:
Copy of Marriage License/Certificate.
Copy of Our Auto Insurance policy together
Copy of 2016 Joint Federal Tax Account Transcript.
Copy of Letter from Landlord confirming joint residency
Copy of 401k Statement showing Spouse as beneficiary

Copy of Roth IRA showing Spouse as beneficiary

Copy of Tax Form 1095C showing joint Health care coverage

Copy of various Letters addressed to us individually showing same residency
Selected pictures that documents our wedding and relationship

[ac8238 8]

On 11/16/2017 at 12:09 PM, ColoradoBeauty said:

• Question 15 - Have you ever been denied a Visa to the US? Wife was denied the H2B the first time in her home country, does this need to be disclosed? She doesn't recall ever submitting any formal application. It was just a quick window interview at the embassy and denial same day.  Yes, it's safer to be honest.
  • My supporting answer: My first time applying for H2B Visa was denied because I did not provide sufficient documents from school. I was approved the second time once school records and other academic documents were provided to prove ties to my home country and that I was studying with intent on returning. 
• Question 16 - Worked without authorization? Initially worked with the H2B, but she continued to work various legal jobs (Receive W2s) when she became overstay status. What do I answer for this? Yes
  • Supporting answer: I continued to work in legal jobs receiving W2s even though my Work Authorization had expired. I have filed all required taxes while working.

• On 1/26/2012 at 6:46 AM, Harpa Timsah said:

  Anyway, OP, most illegal work is irrelevant/forgiven for spouses of USCs who adjust in-country. The exception is if you stole a SSN or if you claimed to be a US Citizen on your employment forms, that is not forgiven. You should be honest, and you should have proof of taxes paid. Good luck.

• Question 17 -  Have you ever violated terms of your non-immigrant status? I guess Visa overstay is "violating terms" If I answer no here, what further support should we provide? Yes, it's a violation, but typically forgiven.
  • My answer: I overstayed my H2B visa and currently reside in the US.
• Question 61 - Public Assistance: Have you ever received public assistance? Wife received county health care assistance before marriage due to medical emergency. Her hospital bills were paid via a county program for low income. What should we answer here? I don't think this falls under Public Charge, but if we answer yes, will it jeopardize the AOS? Yes, it was at the government expense.
  • Supporting answer: I was involved in an auto accident where I injured my head and had to receive emergency medical treatment. At the time, my income was below the poverty and I did not health coverage. The County health program provided relief by providing one-time emergency medical coverage and health services to treat my injury. 

• On 1/7/2009 at 2:12 PM, Eshansmommy said:

  I went through the same. I heard it does not automatically gives you a denial. They just want to know and it depends on the kind of help you received. I filled out yes and attached a paper where I explained them the situation.

 

Can anyone help review my supporting responses for my "yes" answers of my i485 as indicated on green above? 

 

 

On 11/16/2017 at 5:54 PM, ac8238 said:

Evidence of Bona Fide Marriage:
Copy of Marriage License/Certificate.
Copy of Our Auto Insurance policy together
Copy of 2016 Joint Federal Tax Account Transcript.
Copy of Letter from Landlord confirming joint residency
Copy of 401k Statement showing Spouse as beneficiary

Copy of Roth IRA showing Spouse as beneficiary

Copy of Tax Form 1095C showing joint Health care coverage

Copy of various Letters addressed to us individually showing same residency
Selected pictures that documents our wedding and relationship

Also, are these documents sufficient for evidence?

 

Thank you everyone.