Change of status for husband while in America [merged threads]

[HRQX 4,145]

On 11/6/2020 at 8:48 AM, Andie R said:

advice on how to apply and what’s needed ?

In general, send the following four packets (*I-765 and I-131 packets are optional but free) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[TBoneTX 45,998]

Similar-themed threads have been merged.

[Andie R 0]

Hello! I was told to read instructions for each form I’m suppose to file but it never really makes sense or gives me the answer when I read it.

 

On page 14 of form I-485 #61 did not make any sense to me even through reading the instructions.

I’m applying for my husband to stay her as an adjustment of status and he has a sponsor who’s supporting him,

he’s filing for his workers form also 

but it says “Are you exempt from the public charge of inadmissibility?”

I wasn’t even sure what this means even after reading who must file I-944 or I-864

i thought he would file the I-864

but it says  I also must file a form I-140?

it’s all really confusing to me? 
If. I could get some help I’d really appreciate it!

[Chancy 6,243]

On 2/7/2021 at 2:39 AM, Andie R said:

I’m applying for my husband to stay her as an adjustment of status and he has a sponsor who’s supporting him,

he’s filing for his workers form also

 

I-140?  If your husband is doing employment-based adjustment of status, then his company should have an immigration lawyer on retainer to help him with this process.  There should be nothing that you need to file for your husband.  But based on your previous posts, it seems you actually intend for your husband to adjust status based on his marriage to you.  So which is it?

 

[Andie R 0]

11 hours ago, Chancy said:

 

I-140?  If your husband is doing employment-based adjustment of status, then his company should have an immigration lawyer on retainer to help him with this process.  There should be nothing that you need to file for your husband.  But based on your previous posts, it seems you actually intend for your husband to adjust status based on his marriage to you.  So which is it?

 

We will be adjusting his status based on his marriage to me. We are adjusting because I came for severe healthy problems and the treatment is taking longer than expected. 

[Andie R 0]

Hello, I’m applying for an adjustment of status for my husbands b-2 visa . He has about a month left on his visa to stay in the states but I am currently receiving treatment after being very sick for over a year, and so we decided to apply for him to change his status since things haven’t improved as quickly as we thought for my health.

the problem is the instructions on each form are difficult to understand.

I just had a few questions: 

If I am not the sponsor can I be the petitioner or should the sponsor fill out the I-130 petition form?

On the I-485 form it says “Are you exempt from the public ground of inadmissibility ?”

he answered no to all the questions and I’m not sure what makes him exempt ? 
he is here completely legally as well. 
It also says if I answered no to that question to file form I-944 and I-864 but how can you be self sufficient if you don’t work and have a sponsor?

If I have evidence of my health is it wise to submit them with my paperwork ?

 

 

I know it’s a lot of questions but this decision has come kind of sudden since my health has not improved so if I could get some help I’d really appreciate it!

thank you so much.

[Crazy Cat 42,158]

You are the sole petitioner for the I-130.  You are also his primary sponsor.  You must complete an I-864.  It sounds as if you will need a joint sponsor also. who also must complete an I-864 with supporting documents.  

 

 

Edited February 8, 2021 by Lucky Cat

[NancyNguyen 1,658]

I-130 is your form no matter what. 
 

i944 is your spouse’s form, not yours.
 

With your health right now, it is better to get well first and you might need help from a immigration service.

[Boiler 45,981]

Do you have a joint sponsor?

 

You realise it will be a long time before he can work.

[Andie R 0]

5 minutes ago, Boiler said:

Do you have a joint sponsor?

 

You realise it will be a long time before he can work.

Yes we have a sponsor .

I actually did not sign myself as the sponsor.  

[Boiler 45,981]

You are always the Sponsor

[Crazy Cat 42,158]

Just now, Andie R said:

Yes we have a sponsor .

I actually did not sign myself as the sponsor.  

You ARE the primary sponsor.  You can add a joint sponsor.  

[Andie R 0]

1 minute ago, Lucky Cat said:

You ARE the primary sponsor.  You can add a joint sponsor.  

Okay that makes sense. So the other sponsor must file a separate form

or the same one?

[Crazy Cat 42,158]

16 minutes ago, Andie R said:

Okay that makes sense. So the other sponsor must file a separate form

or the same one?

The joint sponsor must fill out a separate I-864 and provide supporting documents.  

[Rocio0010 5,616]

8 hours ago, Andie R said:

I am not the sponsor can I be the petitioner or should the sponsor fill out the I-130 petition form?

You ARE the primary Sponsor whether you’re working or not. So you fill out i864, and your joint sponsor does so too. I- 130 is yours.

 

8 hours ago, Andie R said:

n the I-485 form it says “Are you exempt from the public ground of inadmissibility ?”

he answered no to all the questions and I’m not sure what makes him exempt ? 

He is not. Read this: 

Q. Who is subject to the public charge inadmissibility ground? 

A. Unless specifically exempted by Congress, aliens seeking immigrant or nonimmigrant visas abroad; aliens seeking admission to the United States on immigrant or nonimmigrant visas; and aliens seeking to adjust their status to that of a lawful permanent resident from within the United States are subject to the public charge ground of inadmissibility.  

While most lawful permanent residents are not subject to inadmissibility determinations, including public charge inadmissibility, upon their return from a trip abroad, some lawful permanent residents can be subject to the public charge ground of inadmissibility because specific circumstances dictate that they be considered applicants for admission.  

8 hours ago, Andie R said:

t also says if I answered no to that question to file form I-944 and I-864 but how can you be self sufficient if you don’t work and have a sponsor?

some people that have assets and hefty savings can. But it doesn’t seem to be your case.

8 hours ago, Andie R said:

f I have evidence of my health is it wise to submit them with my paperwork ?

not really. In fact it can be regarded as a red flag in the sense that it can be seen that you want to marry him just to be your caregiver. And also, whether it’s unpaid and out of love, USCIS can interpret that as work. Big no no.

8 hours ago, Andie R said: