Student Visa to Residency Through Marriage

[Alonso Ramirez 32]

Hello everyone,

 

I hope this is the correct place to post this. My friend who came into the United States from Brazil with a student visa years ago has recently married her fiancee who is a U.S. Citizen. He wants to petition for her to become a U.S. resident. We are a bit confused as to what documents they need to file. 

 

I saw on here that she may need to file the I-130 and I-485 (https://www.visajourney.com/guides/i130-spouse-inside-usa/), but they are a bit confused because when they tried to file online there was no place to file the I-130A, I-864, or I-485.  So my question is, for people are going from student visa to marriage green card, can you file online? Or do you have to file everything via paper? 

 

Also, the step-by-step guide is not clear as to who needs to file the I-864. Does everyone need to file one? 

 

Anyways, if there's anyone on here who is going through or went through the student visa to marriage process that can shed some light on what needs to be filed, we'd greatly appreciate it.

 

Thanks! 

[Timona 4,207]

Count your lucky stars. I did F-1 to GC and just happened to see your post. Anyway, any VJer could have still answered your question.

 

Anyway,  just file everything on paper. I do not see the point of mailing some papers and submitting one online.

 

I-864 is filed by US spouse. However, if US spouse doesn't have enough $$ to sponsor, they'll need a joint sponsor.  Just make sure the joint sponsor meets the USCIS poverty threshold. If a joint sponsor is used, 2 I-864 would be filed. 

1. For the joint sponsor 

2. For the US spouse who's not making enough $$$. This was my case. USCIS sent me an RFE requesting my spouse to file her own I-864 though she wasn't making $$$..

 

You need I-864, I-130, I-465, I-765, and I think G-325a is optional. If you include it, as I did, you'd have to include one for petitioner and beneficiary.  Then if you plan to travel, file I-131 with everything at once (Concurrent filing..this eliminates fee for some individual forms)

 

Just FYI. I'd suggest you put your papers before October 2nd as there is a 60% or so fee hike

[HRQX 4,145]

2 hours ago, Timona said:

and I think G-325a is optional.

Times have changed. G-325A is only appropriate to be used as part of I-821D (DACA) packet.

 

And I-130A, Supplemental Information for Spouse Beneficiary, is a required part of I-130 packet. I-130A is filled out with the beneficiary's info. https://www.uscis.gov/sites/default/files/document/forms/i-130a.pdf

[HRQX 4,145]

2 hours ago, Timona said:

with everything at once (Concurrent filing..this eliminates fee for some individual forms)

What matters is that I-485 is filed before 10/02/20 and full I-485 fee is paid. If that is done, I-765 and/or I-131 can still be filed later without fee. Renewals and replacements are also free in those cases. See "Table 4: Filing Fee Exemptions" on Pages 161-171: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf That is why filing I-130 and I-485 packets before 10/02/20 is important.

2 hours ago, Timona said:

Just FYI. I'd suggest you put your papers before October 2nd as there is a 60% or so fee hike

OP should send it at the fastest shipping speed with FedEx, UPS, or DHL. USPS is having major delays in Chicago area. Even "next day" packages are taking weeks there.

 

Edited September 16, 2020 by HRQX

[HRQX 4,145]

3 hours ago, Alonso Ramirez said:

but they are a bit confused because when they tried to file online there was no place to file the I-130A,

When I-130 is filed online it will eventually ask the US citizen: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When "Spouse" is selected it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

Then, later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[Timona 4,207]

15 hours ago, HRQX said:

Times have changed. G-325A is only appropriate to be used as part of I-821D (DACA) packet.

 

And I-130A, Supplemental Information for Spouse Beneficiary, is a required part of I-130 packet. I-130A is filled out with the beneficiary's info. https://www.uscis.gov/sites/default/files/document/forms/i-130a.pdf

Really? Times have indeed changed.

[HRQX 4,145]

2 hours ago, Timona said:

Really? Times have indeed changed.

Actually I shouldn't have said DACA. USCIS said in October 2018, "USCIS has now incorporated all versions of Form G-325 into USCIS forms that separately required them. Form G-325A is now used only for deferred action requests for certain enlistees and designated family members of certain military personnel, veterans, and enlistees. Accordingly, USCIS renamed Form G-325A, “Biographic Information (for Deferred Action)”. https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20181025-G-325A.pdf So I should have said the bolded part.

[Timona 4,207]

1 hour ago, HRQX said:

Actually I shouldn't have said DACA. USCIS said in October 2018, "USCIS has now incorporated all versions of Form G-325 into USCIS forms that separately required them. Form G-325A is now used only for deferred action requests for certain enlistees and designated family members of certain military personnel, veterans, and enlistees. Accordingly, USCIS renamed Form G-325A, “Biographic Information (for Deferred Action)”. https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20181025-G-325A.pdf So I should have said the bolded part.

Good to know. I was just about to tell someone to fill it.