Applying for AOS - Questions

[wilcouk 7]

So since i last posted, ive got married to my USC girlfriend at a very lovely personal ceremony with many friends attending, we been dating since last year and decided to get married a month ago after much happy thought!

Now i'm filing out all the paperwork that i was advised to print forms - i-130 / i-485 / i-864 / i-693 / I-765 & I-131.

couple of questions

On form i-485 part 3: it asks me if i ever applied for an immigrant visa to obtain permanent resident status... now i have and still in progress (although probably now invalid) green card application through my American Citizen Mother i.e I-130, Petition for Alien Relative that was approved in 2014, do i tick "yes" on this box and state the city & country i.e London, UK? 

Additionally do i have to state my previous employment of work in the UK or can i leave blank? Kinda left on bad terms in a way...

Part 8 on the same form question 17: Have you ever violated the terms or conditions of your non immigrant status? Since i am an overstay, i presume i tick yes?

Finally questions 72a and 72b - Since April 1st 1997 have you been unlawfully present in the United States...

72a. For more than 180 days but less than a year and then departed the United States

72b. For one year or more and then departed the United States.

i'm still residing in the states so i presume i tick No for both of these?

 

Supporting evidence also asks for two passport photos of me and my wife, is that together picture or seperare one of us each?

Edited May 14, 2019 by wilcouk

[eckoin 211]

14 hours ago, wilcouk said:

So since i last posted, ive got married to my USC girlfriend at a very lovely personal ceremony with many friends attending, we been dating since last year and decided to get married a month ago after much happy thought!

Now i'm filing out all the paperwork that i was advised to print forms - i-130 / i-485 / i-864 / i-693 / I-765 & I-131.

couple of questions

On form i-485 part 3: it asks me if i ever applied for an immigrant visa to obtain permanent resident status... now i have and still in progress (although probably now invalid) green card application through my American Citizen Mother i.e I-130, Petition for Alien Relative that was approved in 2014, do i tick "yes" on this box and state the city & country i.e London, UK? 

Yes 

14 hours ago, wilcouk said:

Additionally do i have to state my previous employment of work in the UK or can i leave blank? Kinda left on bad terms in a way...

... Yes state your previous employment when asked. USCIS couldn't care less if you left on good, bad, or average terms, but they sure do care about lying on forms. 

14 hours ago, wilcouk said:

 

Supporting evidence also asks for two passport photos of me and my wife, is that together picture or seperare one of us each?

Have you ever seen passport photos that feature multiple people? Of course they are separate, they are photos made for passports. 

[wilcouk 7]

Thanks for the reply

 

On the I-485 part 8 question 17 "Have you EVER violated the terms or conditions of your nonimmigrant status"? I presume that's also yes? If overstay is considered as a violation of my ESTA WT?

 

With the i-130... There is a part in the In the form which questiona 'The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in'. 

 

would that be where i am living now i.e closest uscis office to me? 

 

And finally, there's a part that says

 

"Has anyone else ever filed a petition for the beneficiary"

 

i guess that's also yes on the account my mother filed for me 4 years ago? Do i need to explain this anywhere?

Edited May 21, 2019 by wilcouk

[eckoin 211]

On 5/21/2019 at 3:42 AM, wilcouk said:

Thanks for the reply

 

On the I-485 part 8 question 17 "Have you EVER violated the terms or conditions of your nonimmigrant status"? I presume that's also yes? If overstay is considered as a violation of my ESTA WT?

Yes, an overstay is a violation for any status, including ESTA. It won't be an issue, but you have to disclose that. 

On 5/21/2019 at 3:42 AM, wilcouk said:

With the i-130... There is a part in the In the form which questiona 'The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in'. 

 

would that be where i am living now i.e closest uscis office to me? 

If I recall correctly, that's where they want your local field office? Yes, get the local field office info by your zip code. 

On 5/21/2019 at 3:42 AM, wilcouk said:

And finally, there's a part that says

 

"Has anyone else ever filed a petition for the beneficiary"

 

i guess that's also yes on the account my mother filed for me 4 years ago? Do i need to explain this anywhere?

If it doesn't ask you to explain, no need. Too much info with USCIS can be a bad thing too. 

[HRQX 4,145]

On 5/14/2019 at 2:38 AM, wilcouk said:

On form i-485 part 3: it asks me if i ever applied for an immigrant visa to obtain permanent resident status... now i have and still in progress (although probably now invalid) green card application through my American Citizen Mother i.e I-130, Petition for Alien Relative that was approved in 2014, do i tick "yes" on this box and state the city & country i.e London, UK?

The I-130 is just a petition. Did you submit DS-260 Immigrant Visa Electronic Application? If not, then answer "No."

[wilcouk 7]

3 hours ago, HRQX said:

The I-130 is just a petition. Did you submit DS-260 Immigrant Visa Electronic Application? If not, then answer "No."

 

Not sure if i did? I went via a lawyer who did my visa application and the last thing i heard/know of is that it was in the approved stage and on the waiting list i.e waiting for a Visa to become current and then proceed further on... so i'll hazard a guess that a DS-260 would be when the visa becomes current and i proceed?

[Lil bear 4,201]

2 hours ago, wilcouk said:

 

Not sure if i did? I went via a lawyer who did my visa application and the last thing i heard/know of is that it was in the approved stage and on the waiting list i.e waiting for a Visa to become current and then proceed further on... so i'll hazard a guess that a DS-260 would be when the visa becomes current and i proceed?

If you are still waiting for a visa to become available , then this petition has not yet resulted in an application for an Immigrant Visa. 

The DS 260 is very comprehensive .. filling one out is not easily forgotten !! 🤪 

[wilcouk 7]

Hi there again!

 

I'm now about to file my papers but i'm stuck on the form i-864... my spouse does not meet the income requirements as she falls below the income poverty level however i do have a joint sponsor that certainly does do that, my friend has filled out the form and that is good to go but i don't know if the sticky point here is my spouse and not filing her tax returns?

[azblk 338]

16 hours ago, wilcouk said:

Hi there again!

 

I'm now about to file my papers but i'm stuck on the form i-864... my spouse does not meet the income requirements as she falls below the income poverty level however i do have a joint sponsor that certainly does do that, my friend has filled out the form and that is good to go but i don't know if the sticky point here is my spouse and not filing her tax returns?

she needs to file her taxes now albeit late

[wilcouk 7]

So i'm ready to file - 

 

Timelime - 

- Started dating in June 2018
- i proposed over New Years 2018/19
- We got married in March 2019

 

My questions for filing really revolve around the evidence part, my wife has terrible credit, i've tried my hardest to help improve it but she has alot of student debt ($10k) on her file which is delinquent so pretty impossible to get anything with a 500 credit score... but what we do have together

Evidence of Marriage & Cohabitation
---------------

- Marriage Certificate
- Video of the Marriage itself
- Pictures of all our friends (it was quite a big attended wedding) with us at the centre of the picture kissing.
- Pictures the said wedding
- Joint Chase Bank Accounts
- Joint Capital One Credit Card Account (lack of SSN for me, couldnt get a joint bank account with them)
- As mentioned above, Bank statements showing shopping / groceries etc.
- Live together albeit with other friends due to lack of credit for wife and SSN for me, we're both not on the lease, i am however a Occupant on the lease
- Driving Licence for US Citizen Wife showing Address where we both live
- Engraved Wedding rings.
- Voting Record for US Citizen Wife showing same Address of where we live together.
- Shared mail sent to us // Baby Shower invite sent to our address where we live.
- Instagram Pictures of us together at various other places
- Fostering a Bunny together for a short while.
- Internet Bill in my name showing my address (Spectrum, same below for Cell, won't show Joint Acc holders)
- Cell phone bill in my name showing same address

Unfortunately we are hindered alot by her credit and my lackof and my need to legally able to work and get a credit file that starts fresh and helps both of us get further together.

Along with that i have the rest in the packet too -

 

. Financial Support
1) 2016-2019 Tax transcripts - showing she did not earn to file for taxes
2) Joint Sponsor Tax Returns and most Recent tax return for the year
3) Joint Sponsor wage slips for past 3 months

 

I'm not sure what else to include here, my original plan was to do travelling across America and then head to Costa Rica but then lost my passport, i went home for a month and came back to the country where i then met my now wife by chance a few weeks later as my friend was on a date with her friend and he asked me to come along and she was there too and we have pictures of our first date on the beach together and after that all my plans changed and decided to stay to be with her...

We have some evidence living together and i acknowledge there could be alot more but like i said, we are hindered alot by her credit file, only thing i have managed to get so far is a secured credit card from Capital One, it's incredibly hard to get anything without a SSN too.