I130 and 485 question

[frommirage 0]

Hi,

We got married couple of months back. She's a USC and i'm a H1B holder already in US.

These are the forms i'm filing:

I 130 with following docs

• Photocopy of her US Passport

• Photocopy of her Naturalization Certificate

• My Translated Birth certificate with photocopy of original birth certificate and Certificate of Translation

• Marriage certificate

• Photocopies of my Passport

• Completely filled and signed G-325A(all four pages) and One passport size photograph of hers

• Completely filled and signed G-325A(all four pages) and One passport size photograph of mine

I 485 with following docs

• My Translated Birth certificate with photocopy of original birth certificate and Certificate of Translation

• Marriage certificate

• Photocopies of my Passport

• Completely filled and signed G-325A(all four pages) and two passport size photographs of mine

• I 693 Medical Examination form

• Employment offer letter from my employer

• IRS tax return for year 2005 and 2006 (filed by me and she's not on these returns)

• Last two months of my pay stubs

As i'm already in US and holds H1 B i'm not requesting EAD and advance parole for travel. I have following questions:

• Where should i send this applications? It is been said on USCIS that i've to send both applications at Chicago but just want to confirm.

• Do I have to send both application in one mail packet or do i have send separately?

• Do I have to file I 864 which is affidavit of support? I am already working here for 3 years and have filed return for last 6 yrs on the contrary she's a student and can't support me but i can support both of us and that's why i'm attaching my pay stubs with the application.

Please suggest.

Thanks

[YuAndDan 153]

Your question is answered in the guides.

Where to File Everything:

Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office). The only case in which you may file at a local office is for the following locations: Dallas District Office, El Paso District Office, and the Oklahoma City Sub Office. Please read this notice if your local USCIS office is any of these locations.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Dr_LHA 3]

As i'm already in US and holds H1 B i'm not requesting EAD and advance parole for travel. I have following questions:

• Where should i send this applications? It is been said on USCIS that i've to send both applications at Chicago but just want to confirm.

Correct, send to the Chicago Lockbox, the address on the front of the I-485 form.

• Do I have to send both application in one mail packet or do i have send separately?

Send them all together in the same envelope.

• Do I have to file I 864 which is affidavit of support? I am already working here for 3 years and have filed return for last 6 yrs on the contrary she's a student and can't support me but i can support both of us and that's why i'm attaching my pay stubs with the application.

No problem, I was in the exact same situation as you (H-1B, wife a student with zero income) and used my income to "self sponsor". Note that even though I used my own income, my wife was still the main sponsor on the I-864, that is required. You should send in your last tax return and W-2 with the I-864 to prove your income. Your income can be included with your spouses as if you were a household member, although you do not have to fill in I-864A.

[frommirage 0]

• Do I have to file I 864 which is affidavit of support? I am already working here for 3 years and have filed return for last 6 yrs on the contrary she's a student and can't support me but i can support both of us and that's why i'm attaching my pay stubs with the application.

No problem, I was in the exact same situation as you (H-1B, wife a student with zero income) and used my income to "self sponsor". Note that even though I used my own income, my wife was still the main sponsor on the I-864, that is required. You should send in your last tax return and W-2 with the I-864 to prove your income. Your income can be included with your spouses as if you were a household member, although you do not have to fill in I-864A.

Dear Dr. LHA,

Thanks for your response. I have one more question on the same line. We got married in this april only and my wife was not claimed by me on any of my tax return and we don't have any tax return filed jointly. Can I still use her as a primary sponsor in I864?

Thanks,

[Dr_LHA 3]

You have no choice, she has to be your primary sponsor, regardless of whether she earns enough money.

You can still use your income to meet the requirement however, no problem. Download the I-864 and read the instructions, I believe they detail your case in the instructions. Basically just add your income onto your wife's and include both your wife and your tax returns. If she didn't file a tax return, then include a letter from her explaining why.

[YuAndDan 153]

You have no choice, she has to be your primary sponsor, regardless of whether she earns enough money.

You can still use your income to meet the requirement however, no problem. Download the I-864 and read the instructions, I believe they detail your case in the instructions. Basically just add your income onto your wife's and include both your wife and your tax returns. If she didn't file a tax return, then include a letter from her explaining why.

Correct, The US Citizen files I-864 because they have to be the primary sponsor, you can file I-864A, that form is used in situations like that.

[Dr_LHA 3]

Correct, The US Citizen files I-864 because they have to be the primary sponsor, you can file I-864A, that form is used in situations like that.

Wrong. I-864A should not be filled out in this case, as I said above. That is only if a household member who is not the intended immigrant is adding their wages to the I-864.

Edited June 11, 2007 by Dr_LHA

[frommirage 0]

Well, she doesn't file her return but her father claims her as a dependent on his return. So can I have attach her dad's tax return or do I have to explain in a sheet that she doesn't make enough so she doesn't file her tax return?

thanks a lot for your help. I greatly appreciate it.

[Dr_LHA 3]

No need to attach her fathers return. Simply write a letter explaining that she didn't earn enough to file a tax return.

[YuAndDan 153]

Correct, The US Citizen files I-864 because they have to be the primary sponsor, you can file I-864A, that form is used in situations like that.

Wrong. I-864A should not be filled out in this case, as I said above. That is only if a household member who is not the intended immigrant is adding their wages to the I-864.

I beg to differ on this one.

I-864A instructions:

Who May Be Considered a "Household Member" for Purposes of This Form?

For purposes of this form, a "household member" is:

• A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
  
• A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;
  
• The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a Household Member"?)
  

How Can the Intending Immigrant Be Considered a Household Member?

Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Affidavit of Support requirements:

• The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of permanent residence.
  
• The intending immigrant is the sponsor's spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of permanent residence.
  

http://www.uscis.gov/files/form/I-864A.pdf

[Dr_LHA 3]

Regardless of what that form says, it is not required to fill out I-864A if the intended immigrant spouse's income is being used to meet the poverty level requirements. Read the instructions for I-864, the immigrant's income can be included and they are not classified as a household member, they don't even have to live with the sponsor for their income to be counted.

What If I Cannot Meet the Income Requirements?

Income from the intending immigrant, if that income will

continue from the same source after immigration, and if the

intending immigrant is currently living in your residence. If

the intending immigrant is your spouse, his or her income

can be counted regardless of current residence, but it must

continue from the same source after he or she becomes a

lawful permanent resident.

See? No mention of them having to fill out an I-864A, where it does for household members.

Edited June 11, 2007 by Dr_LHA

[wheeler04 0]

I 485 with following docs

• My Translated Birth certificate with photocopy of original birth certificate and Certificate of Translation

• Marriage certificate

• Photocopies of my Passport

• Completely filled and signed G-325A(all four pages) and two passport size photographs of mine

• I 693 Medical Examination form

• Employment offer letter from my employer

• IRS tax return for year 2005 and 2006 (filed by me and she's not on these returns)

• Last two months of my pay stubs

You'll also want to include photocopies of HER passport with your I-485 AS WELL as the I-130. We got an RFE for our I-1485 this asking us to prove not only are we married, but that I was a US Citizen, that including it with the I-130 wasn not enough.

I debated sending them a copy of my mom's DAR membership info proving we've been here since this was still England, but didn't.

[frommirage 0]

Does it harm if I submit I864A? I mean if they don't need it they will ignore it and in case they need they will use it.

Thanks,

[Dr_LHA 3]

Does it harm if I submit I864A? I mean if they don't need it they will ignore it and in case they need they will use it.

I'm sure it wouldn't hurt to include it. The documentation isn't exactly clear that immigrants don't need to fill this form in (even though I know for a fact that they don't), so I'm sure people submit it all the time. If it makes you more comfortable, by all means, send it in!