questions about change of status packet to send

[jwh2323 1]

Hello all,

 

1st post - new here. 

 

We are preparing packet for my new wife's ( married 3 days ago) change of status.

 

basic info. about us

me - US born - us citizen

her - Japanese - status is student

we live together now in Colorado for 1.5 years.

she graduated this year doctorate and begins her post doctoral paid training tomorrow with OPT visa. She already has EAD allowing to work for 1 year.

 

We have the 1st draft of all forms filled out. but nothing sent yet.

I-130

I-864

I-485

I-130a

I-131

I-765

G-1145

 

 

questions:

 

1. Does she need to obtain and send medical exam and I-693 with initial packet? This website says yes. However, I have also heard "no" from a local immigration attorney who says it may expire before interview and to wait so as not to have to pay for exam twice. I thought I also read the same somewhere else.

 

I guess I will start with this question - I do have others.

 

thanks in advance for any help.

 

Joe

 

 

 

[geowrian 22,338]

12 minutes ago, jwh2323 said:

1. Does she need to obtain and send medical exam and I-693 with initial packet? This website says yes. However, I have also heard "no" from a local immigration attorney who says it may expire before interview and to wait so as not to have to pay for exam twice. I thought I also read the same somewhere else.

Check the I-485 instructions...

https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf

Quote

You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination

 

[Ontarkie 14,517]

~~Moved to AOS from Work, Student, & Tourist Visas, from K1 P&P - The OP is married and will be following the AOS from student visa.~~

[jwh2323 1]

thank you for the replies - ok so I understand medical is not required in packet but is it better to do so or if we do not should me make note in our cover letter saying we are waiting as to not have to purchase exam twice? 

[geowrian 22,338]

2 minutes ago, jwh2323 said:

thank you for the replies - ok so I understand medical is not required in packet but is it better to do so or if we do not should me make note in our cover letter saying we are waiting as to not have to purchase exam twice? 

There is no benefit in sending it alongside the I-485, if that's what you're asking. There is a risk of it expiring if you do.

No comment as to why is needed in the cover letter.

[jwh2323 1]

thanks again geowrian. here are several more questions? 

 

1 we filled out pdf applications - on the areas that do not apply to us is it ok to leave blank? I have read that you need to put n/a everywhere that does not apply. the pdf  does not allow this in certain fields.

 

2 passport photos - how many for each of us in total need to be included in the packet ?

 

questions about  (I-864)  

 

Background

I am self employed - 2018 income from tax 37 k, 2017 47k, 2016 7k - she has income also for internship for 2018 - 14 k. and will have 42k annual income starting today. I own my home with quite a bit of equity, own rental property with equity, we both have savings and investments. 

 

3. what is best course of action on I-864 to show  for qualifying for income? 

 

I was told several different things that are in opposition to each other. Examples. - don't include assets since 37 k is enough, - don't include her income as it can't be demonstrated to continue. - show only liquid assets along with tax return, show liquid assets and primary home mortgage and assessed value and zillow value. - include her income. I was also told I probably should get a co-petitioner due to being self employed with low income. (this seems wrong).

 

4. with any of these scenarios what should we send as proof.

 

5. For packet do we need to get letters from friends and/or family saying we are really a couple etc? if so how many? do they need to be notorized?

 

thanks,

Joe

[geowrian 22,338]

3 minutes ago, jwh2323 said:

1 we filled out pdf applications - on the areas that do not apply to us is it ok to leave blank? I have read that you need to put n/a everywhere that does not apply. the pdf  does not allow this in certain fields.

It's fine if those fields are disabled and left blank. But if you really want to be sure, write it in as well.

The I-864 and I-131 use a 2D barcode. You can see this at the bottom of each page on those forms. This has all the typed information in it, so written-in  information is unlikely to ever be seen (they just scan the barcode).

 

3 minutes ago, jwh2323 said:

2 passport photos - how many for each of us in total need to be included in the packet ?

I-130: 2 photos of petitioner, 2 photos of beneficiary

I-485: 2 photos of applicant (the I-130 beneficiary)

I-131: 2 photos of applicant

I-765: 2 photos of applicant

 

3 minutes ago, jwh2323 said:

Background

I am self employed - 2018 income from tax 37 k, 2017 47k, 2016 7k - she has income also for internship for 2018 - 14 k. and will have 42k annual income starting today. I own my home with quite a bit of equity, own rental property with equity, we both have savings and investments. 

 

3. what is best course of action on I-864 to show  for qualifying for income? 

 

I was told several different things that are in opposition to each other. Examples. - don't include assets since 37 k is enough, - don't include her income as it can't be demonstrated to continue. - show only liquid assets along with tax return, show liquid assets and primary home mortgage and assessed value and zillow value. - include her income. I was also told I probably should get a co-petitioner due to being self employed with low income. (this seems wrong).

Since you are self employed, your tax returns represent your current income, so that's pretty straightforward for you.

As for if that will be sufficient or not, that's a judgemental call by the IO based upon the totality of the circumstances. Where you live (COL), ages, work history, education, skills, etc. are all part of the consideration.

 

Assets are optional if income is sufficient. Assets for a spouse of a USC are considered at a 1:3 ratio ($3 assets = $1 income).

A primary home can be listed, but generally it's not  beneficial as it would be a hardship to sell it to support the individual.

Bank accounts (w/ 12 months of statements) is fine to include if deemed necessary.

 

Her income may or may not be considered. What is her current status in the US? F-1 (w/ or w/o OPT?)? J-1?

 

3 minutes ago, jwh2323 said:

4. with any of these scenarios what should we send as proof.

Loaded question - anything that shows a bona fide marriage. Time spent together is primary, then things like living together, financial commingling (joint accounts, credit cards together, beneficiaries on insurances, ect.). Basically, anything that normal married couples do.

 

3 minutes ago, jwh2323 said:

5. For packet do we need to get letters from friends and/or family saying we are really a couple etc? if so how many? do they need to be notorized?

Definitely optional, and are basically not worth the paper they're printed on. Anybody can write an affidavit - the IO has no way to verify its authenticity (not just who wrote it but that it's true) nor does anybody ever submit a negative one. A running joke here is that somebody (like myself) can write one for like $20.

[jwh2323 1]

awesome thanks - just to confirm total of 8 photos for her and 2 for me- correct?

 

(Her income may or may not be considered. What is her current status in the US? F-1 (w/ or w/o OPT?)? J-1?)

 

she is F-1 with OPT which she started today - 9/17/2019 to 9/16/2020 

 

ok so affidavits basically a waste of time

 

(Loaded question - anything that shows a bona fide marriage. Time spent together is primary, then things like living together, financial commingling (joint accounts, credit cards together, beneficiaries on insurances, ect.). Basically, anything that normal married couples do.)

 

issue is we just got married 4 days ago. we have lived together for 1.5 years. - we just opened a joint checking yesterday, I just added her name to utilities today. I added her to auto policy and hone owners insurance. I will be added to her medical insurance soon. but for the packet we can't really demonstrate any history of this because it is recent.

 

We have tons of photos of us on trips and so forth. She does have her mail coming to our address for the last year and half. 

 

thoughts?

 

 

 

 

 

 

[geowrian 22,338]

1 hour ago, jwh2323 said:

awesome thanks - just to confirm total of 8 photos for her and 2 for me- correct?

2+2+2+2 = 8

2 = 2

Looks right to me. 👍

 

1 hour ago, jwh2323 said:

she is F-1 with OPT which she started today - 9/17/2019 to 9/16/2020 

I would say include it. Others on OPT have had success in it being considered. If it was just F-1, then generally they are reluctant to do so as it won't continue from the same source.

 

1 hour ago, jwh2323 said:

issue is we just got married 4 days ago. we have lived together for 1.5 years. - we just opened a joint checking yesterday, I just added her name to utilities today. I added her to auto policy and hone owners insurance. I will be added to her medical insurance soon. but for the packet we can't really demonstrate any history of this because it is recent.

Include the evidence from the 1.5 years prior. That's how the relationship evolved and turned into a marriage. The other items (joint accounts, policies, etc.) can be added to show that you are now establishing those ties. USCIS knows what to expect from newlyweds vs those who have been married for some time already, and nothing you noted is cause for worry to me. You can bring more evidence with you to the interview as well.

 

1 hour ago, jwh2323 said:

We have tons of photos of us on trips and so forth. She does have her mail coming to our address for the last year and half. 

Great. Include some (don't go overboard) photos from various trips, evidence showing you lived together, etc.

 

All of this (+ coming from a low fraud country) wouldn't worry me.

[jwh2323 1]

thanks again - really appreciate you help. 

[jwh2323 1]

So can I ask you why you are so helpful? Also, how you are so well informed? What do you do for a living for example? -  I mean no offense - everything you have said makes perfect sense but I am still trying to decide which sources are the most credible since I am getting conflicting information. I certainly appreciate your help just curious about who you are.

 

thanks,

Joe

 

[geowrian 22,338]

2 hours ago, jwh2323 said:

So can I ask you why you are so helpful? Also, how you are so well informed? What do you do for a living for example? -  I mean no offense - everything you have said makes perfect sense but I am still trying to decide which sources are the most credible since I am getting conflicting information. I certainly appreciate your help just curious about who you are.

I can't really give a good answer on "why"...it's just something I do and have been doing. I am not an attorney and please don't take what I said as legal advice (there is no legal advice permitted here). That said, I have read the relevant sections of the INA, FAM, and USCIS AFM + Policy Manual that covers cases like this. There's nothing really complicated in the circumstances you noted...it's a path very well traveled. And I highly encourage others to hop in with their advice as well. That's one great thing about VJ - it is peer reviewed. When somebody says something incorrect or possibly incorrect, you will get those varying opinions and feedback to consider.

 

As for a living, I'm an IT Solutions Architect that works on commercial and government projects (mainly USPS at this time).

 

As for some reasons for the advice above...

• The I-693 issue was addressed via a quote from the instructions
• The reference to the 2D barcodes is via USCIS announcements, and subsequently looking at the PDF as you type it out (it's not a common barcode for most end users, but it is a standard one that you can scan yourself and verify it matches the typed contents of the paper). Logically, they don't hand-type the information when there's a barcode. Anecdotally, people have written in answers that were actually required fields (they mixed and matched electronic filing and handwritten answers) and got an RFE for something that was already answered in the hand written sections.
• The # photos is just counting from the instructions.
• The I-864 is more complicated - it's a mix of the instructions and just experiences that many others have gone through. It's a tough subject as - other than required documents like the most recent year's tax return - everything else is a decision that the IO makes upon the totality of the circumstances. There are some general guidelines on what they normally like to see, but much of it varies from case to case too. No 2 I-864 cases are identical. USCIS has guidelines in the AFM and policy manual, and the FAM has similar (not identical!) guidelines for visa applicants.
  • For somebody self-employed, current income is considered based on the most recent year's tax returns. Money earned within the year is revenue....until claimed on taxes, it's unknown what will be actual income.
• I have seen users post RFEs/RFIEs on the applicant's income not being considered on F-1 status. The notices state which statuses qualify and F-1 was not listed. At the same time, I have seen people with a valid OPT use that income successfully (despite technically still being F-1).
• Affidavits is just an experience thing + logic. USCIS does list them as one form of evidence, but the practicality of it is so minimal for the reasons stated previously.

[jwh2323 1]

I see - well it's great to have this resource - thanks.

 

We have consulted with a couple attorney's here in Denver. Most are unwilling to review the packet that we put together but rather only offer to do the whole thing charging anywhere from as low as $1350. (this guy was rude and made it sound like our case was super difficult because of my self employment. He was the one and only one who said I needed to get a co-petitioner ) to $3500. There were a couple that would review our packet for 1 hour's fee $400 bucks. 

 

So I think we pretty much have it on our own. I plan to use the guides on this site to organize the order of everything in the packet. In your experience, if something minor on one of the applications is off does this have dire consequences ? The reason I ask is because I prefer not to pay an attorney if it's not really necessary. I definitely don't think  $3500 is warranted.

 

Any thoughts on any of that?

 

Thanks,

 

Joe

 

[geowrian 22,338]

Those rates sound fairly normal for a simple AOS. Nothing you described jumps out as something where an attorney is needed...it’s really a very common process and situation.

 

While it always depends on what is wrong, most mistakes would just result in an RFE or RFIE. The key thing is to just make sure the forms are fully completed, signed as needed, and required documents provided. 

[jwh2323 1]

 

 

Also just going over application again and comparing to examples on this site. 

 

here are a couple questions on I-130

 

1. page 2, Part 2

dates of move in - PDF - Does not allow me to enter anything - my physical is the same as mailing address with no previous address needed so do I write in?

 

13a

13b

 

 

2.

 

Page 4,  part 2, employment history

 

49. B - I have a 2nd current self employment  - does not allow to input  “present”  but only numbers - I still do this work so there is not end date at this time. So omit all together the 2nd current job or write in?

 

3

 

PAGE 8, PART 4, 57 a-f

 

Quote: If the beneficiary's native written language does not use Roman letters, type or print his or her name and foreign address in their native written language.

 

• SO I NEED TO WRITE THIS IN JAPANESE ?

 

• She has not lived in Japan in 6 years - write her Japanese address from back then??
•  

 

4  PAGE 8, PART 4, 60-b

Dates of living together - we still live together at this address - present not aloud  in pdf. only dates - hand write?