AOS for F1 with TA

[RavenOfBog 0]

Dear altruists,

My current Visa status is F1 and I am a Teaching Assistant in my department. I will have this status for more than 2 years. I got married to an USC last year.

My questions:

What forms do I have to submit in addition to I-130, I-130a, I-485 and I-864?

Can I use my income in addition to the income of my wife in I-864?

Do I need to submit I-765?

If the questions are answered before can you please give me the links?

Edited February 14, 2019 by Noor1999

[Colorred 30]

Hi, I’m an F1 student as well, research assistant. We file all the forms you mentioned i-130 (130a) I-485, I-131, I-765. I think you should file for all of them.  I just got the EAD/AP card, haven’t used it yet but I think it’s good to have in case you need to travel. Since you work on campus like I do, you don’t need to use your EAD for that, at least that’s what my ISO informed me. 

 

As for I-864, we use only my husband’s income but I have read cases where both spouses incomes were included (joint sponsorship), hopefully someone with more experience with that can  comment to assist you. 

 

[elmers 293]

14 hours ago, Noor1999 said:

Dear altruists,

My current Visa status is F1 and I am a Teaching Assistant in my department. I will have this status for more than 2 years. I got married to an USC last year.

My questions:

What forms do I have to submit in addition to I-130, I-130a, I-485 and I-864?

Can I use my income in addition to the income of my wife in I-864?

Do I need to submit I-765?

If the questions are answered before can you please give me the links?

Forms: I recommend including I-864A (if combined income is needed to break the poverty threshold) as well although it is not needed if you file I-864 and you don't have kids

Income: you can but not necessary if your wife makes enough.

I-765: better to file it too, no harm in having it in hand and its cost is included with the I-485 anyway

 

To give you my experience, I am on J-1 and married a USC with no income (still in school). We showed only my income and even though we have no kids, we thought let's file I-864A anyway. For I-864A, I submitted all immigration documents (visa, all DS-2019s, I-94, etc), job offer letter, all tax returns, bank statements, and on top of that I had my department write a letter for me saying there is financial support until at least the end of 2020. Got my EAD and parole documents within 5 months I believe and now we are waiting for our interview to be scheduled.

 

[RavenOfBog 0]

Thank you guys.

Follow-up question:

What will be my 'Documentation of your Immigrant Category'?

-It is required for form I-485

I am copying some lines from the instructions file:

5. All Form I-485 applicants must submit evidence showing that they are eligible for adjustment of status in a particular

   immigrant category.

   Filing as a Beneficiary of an Immigrant Petition

   If you are filing as a beneficiary of an immigrant petition, you generally must submit a photocopy of Form I-797, Approval Notice, for your petition (or the principal applicant’s petition, if you are a derivative applicant), as appropriate.

   If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your petition is approved, you may submit your Form I-485 together with:

   1. Your immigrant petition; or

   2. A photocopy of Form I-797, Receipt Notice, for your immigrant petition.

[elmers 293]

16 hours ago, Noor1999 said:

What will be my 'Documentation of your Immigrant Category'?

um... family based (if/since you are married)? I don't have the form in front of me but pretty sure all categories are listed in I-485