Starting the process for my wife - questions

[SomeGuyInBoston 0]

Hi all. I'm a US Citizen that married a Chilean last August and we've been working on the paperwork on and off this year. We have a few questions about her specific situation that I'm looking for some information on. Here's the background:

- She's been here for most of the past 8 or so years as a teacher, under an H1B1 visa

- We dated for about 4 years before getting married

- Her visa has expired and her i94 will expire in July

- Her LCA expires in June 2019

- We live together in the US

I can provide more info if needed...

 

So our questions are:

- Exactly which forms do we need to submit and in what order? We know about the i130 and i485. We also know that i765 and i864 will be needed. Are there others?

- I also know the i130 and i485 can be filed concurrently, but I don't know about the other two. If the others are filed separately - when should they be filed?

- When the i130 and i485 are filed concurrently, does the evidence need to be duplicated, or is one copy of each item enough?

- For the affidavit of support (i864), since we filed jointly this year (for the 2017 tax year), what do I use for my W2?

- What is needed for a smooth transition from her employer as her sponsor to me as her sponsor (currently LCA/i129)?

- When will she be able to leave the country (and return) after submitting the i130 and i485? (A friend suggested filing i131 - when would this be done?)

 

I think that's it for now - I'll post more questions as we have them.

 

Thanks!

 

 

 

 

Edited May 7, 2018 by SomeGuyInBoston

[pushbrk 13,179]

You would follow the instructions for a concurrent filing of the I-130 and I-485 and ask your questions in the forum for adjusting status from other visas.

 

No immigrant visa is needed in your case.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procrdures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[azblk 338]

2 hours ago, SomeGuyInBoston said:

Hi all. I'm a US Citizen that married a Chilean last August and we've been working on the paperwork on and off this year. We have a few questions about her specific situation that I'm looking for some information on. Here's the background:

- She's been here for most of the past 8 or so years as a teacher, under an H1B1 visa

- We dated for about 4 years before getting married

- Her visa has expired and her i94 will expire in July

- Her LCA expires in June 2019

- We live together in the US

I can provide more info if needed...

 

So our questions are:

- Exactly which forms do we need to submit and in what order? We know about the i130 and i485. We also know that i765 and i864 will be needed. Are there others?

- I also know the i130 and i485 can be filed concurrently, but I don't know about the other two. If the others are filed separately - when should they be filed?

- When the i130 and i485 are filed concurrently, does the evidence need to be duplicated, or is one copy of each item enough?

- For the affidavit of support (i864), since we filed jointly this year (for the 2017 tax year), what do I use for my W2?

- What is needed for a smooth transition from her employer as her sponsor to me as her sponsor (currently LCA/i129)?

- When will she be able to leave the country (and return) after submitting the i130 and i485? (A friend suggested filing i131 - when would this be done?)

 

I think that's it for now - I'll post more questions as we have them.

 

Thanks!

 

 

 

 

Follow this guide. 

http://www.visajourney.com/content/i130guide2

[tato2017 41]

Easy checklist for you and also read the guides for the documents:

 

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).
 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.