Can now wife from Uniting for Ukraine file i-485

[Supernatural 19]

My fiancé came here to the USA through the Uniting for Ukraine program. Now that we are married can we file i-485 to adjust her status to permanent resident(green card)? Or do we need to file some more things too? I’m a U.S. citizen too by the way. Thanks

[Boiler 45,467]

! 130 etc as well

 

Just follow the guide

[Dashinka 24,488]

I agree, you should be fine to follow the AOS guide (I130/I485/I765/I131/I864) for adjusting from inside the US.

 

Good Luck!

[Verrou 1,962]

 

[Timona 4,207]

This was brought up a few days ago. I don't think U4U allows for AOS

[Boiler 45,467]

1 minute ago, Timona said:

This was brought up a few days ago. I don't think U4U allows for AOS

U4U is a way of getting Humanitarian Parole.

[Timona 4,207]

1 minute ago, Boiler said:

U4U is a way of getting Humanitarian Parole.

 

I know. But there was a debate here less than 2 weeks ago. It is just parole. It doesn't allow anyone to adjust. 

 

Maybe I'm wrong. I'll look later

[Boiler 45,467]

Just now, Timona said:

 

I know. But there was a debate here less than 2 weeks ago. It is just parole. It doesn't allow anyone to adjust. 

 

Maybe I'm wrong. I'll look later

K1's use parole all the time.

 

Just for example.

[Chancy 6,241]

1 hour ago, Timona said:

It is just parole. It doesn't allow anyone to adjust.

 

OP is a USC, and spouse entered with inspection.  Immediate relatives of USC are allowed to adjust, even while out of status, assuming they entered the US legally.  Legal entry includes "inspected and paroled", as in parole via U4U.

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

 

[Supernatural 19]

When filling out the I-130 and I-485 should I use my wife’s original last name she came here with or with her new last name (mine). The only document we have with her new last name is the marriage certificate. So should I go and update her social security card and ID card first? And her passport form Ukraine will have her original last name too of course. I’m really overthinking this now and got myself confused. Basically I’m wondering what else all needs to be updated with her new last name before I file these forms with uscis and which last name to use for her on the forms. Thanks!

[Supernatural 19]

Also now I see you can file the I-130 online. Should I do that or should I send it physically in the mail with the I-485 at the same time? 

[arken 4,197]

If your wife wants the GC under married name, just fill out the forms using the married name. The marriage certificate is 

enough for the new name proof.

 

Regarding filing, if you file i130 online, include i130 receipt notice in the i485 package when mailing. OR mail i130/i485 all in one package. Don't forget to file for EAD/AP as well.

[Supernatural 19]

So I should file the i130 and i485 now together and when should I do the i765/i131/i864 ?
Also are the i765/i131/i864 even required? Like the i131 is the Application for Travel Document, but she’s already here so what’s the point? And the i765 is the Application for Employment Authorization, but if we are fine living with just my wages is it necessary? And the i864 is Afidavit or Support, but wasn’t that already done when we did the Uniting for Ukraine forms? 
Sorry for the maybe dumb questions, but I just want to be sure if what I’m doing. Thanks!

 

[Boiler 45,467]

Just follow the guides

 

Does she not want a SSN, be able to drive, and what if she has to go back home due to an emergency? All sorts of things need a SSN. And they are free.

 

You filed a I 134 which is meaningless and had nothing to do with this application and the need for an I 864.

Edited September 22, 2022 by Boiler

[Chancy 6,241]

32 minutes ago, Supernatural said:

Also are the i765/i131/i864 even required?

 

I-765 -- Even if your spouse does not need to work, an EAD card is a more widely accepted proof of immigration status, than the I-485 receipt notice.  Also as mentioned above, having EAD will allow your spouse to apply for SSN prior to getting a green card.

 

I-131 -- If your spouse ever needs to travel outside the US without abandoning the I-485 process.  Like for family emergencies or vacations outside the US.

 

Note that filing the I-765 and I-131 are FREE, if filed together with the I-485.

 

I-864 is different from the I-134 you filed for U4U.  The I-485 will be rejected or (worse) denied without an I-864 and supporting financial documents from you.  Also no fee for submitting the I-864.