Please advise with filing for my wife ... please

[Sunil 0]

Hello,

I want to ask for advice before I possibly do something silly. I have done some reading but looks like the laws have got a whole lot tougher.

I am a naturalized US citizen and want to file the whole Adjustment of Status package for my wife of 2.5 years now. As I said, I have done a fair amount of reading but I don't to mess up with the paperwork. So maybe you guys here can clarify.

My wife entered the US as a visitor back in 2005. She didn't come here to marry me. But we met, fell in love and got married the same year. After studying the necessary forms I discovered I couldn't file because I was unemployed at the time and our bank account didn't cover the necessary gap to sponsor her. I started looking for a normal job but then got sick. I knew before I had a health problem, just didn't know it would come to haunt me. I went to the hospital, had a surgery (the health insurance from my last job covered it, thank God) and luckily, my problem got fixed. While all of this was happening, her visitor visa ran out. Then I got a temporary job to support us that lasted through late 2005 and all of 2006.

Starting 2007 I went to school to improve our lives through better employment. The school went well, I got certified, and now I finally got a real, nice job in the field I was employed in for 6 years before meeting my wife. Now I can easily qualify as a sponsor and I also have a statement from my employer, on company stationery and all.

We have been happily married for almost 2.5 years, nicely together and want to continue. We have a better apartment and a better job. Turns even out that our joint tax filing for 2006 satisfies the 125% poverty level requirement. Financially, I could file now but ... she's been out of status for close to 2 years now :-(

I was under the assumption that I could file for her adjustment paying the $1000 penalty (I think it was form I-485A). I don't want to do anything wrong, I realize I already did but I don't want to make it any more worse...

Can we file and do we stand any kind of chance with the adjudicating officer? Or is everything lost?

Any advice, please! I’m sorry if this has been asked over and over again.

Sunil

[Dakine 26]

Hello,

I want to ask for advice before I possibly do something silly. I have done some reading but looks like the laws have got a whole lot tougher.

I am a naturalized US citizen and want to file the whole Adjustment of Status package for my wife of 2.5 years now. As I said, I have done a fair amount of reading but I don't to mess up with the paperwork. So maybe you guys here can clarify.

My wife entered the US as a visitor back in 2005. She didn't come here to marry me. But we met, fell in love and got married the same year. After studying the necessary forms I discovered I couldn't file because I was unemployed at the time and our bank account didn't cover the necessary gap to sponsor her. I started looking for a normal job but then got sick. I knew before I had a health problem, just didn't know it would come to haunt me. I went to the hospital, had a surgery (the health insurance from my last job covered it, thank God) and luckily, my problem got fixed. While all of this was happening, her visitor visa ran out. Then I got a temporary job to support us that lasted through late 2005 and all of 2006.

Starting 2007 I went to school to improve our lives through better employment. The school went well, I got certified, and now I finally got a real, nice job in the field I was employed in for 6 years before meeting my wife. Now I can easily qualify as a sponsor and I also have a statement from my employer, on company stationery and all.

We have been happily married for almost 2.5 years, nicely together and want to continue. We have a better apartment and a better job. Turns even out that our joint tax filing for 2006 satisfies the 125% poverty level requirement. Financially, I could file now but ... she's been out of status for close to 2 years now :-(

I was under the assumption that I could file for her adjustment paying the $1000 penalty (I think it was form I-485A). I don't want to do anything wrong, I realize I already did but I don't want to make it any more worse...

Can we file and do we stand any kind of chance with the adjudicating officer? Or is everything lost?

Any advice, please! I’m sorry if this has been asked over and over again.

Sunil

You need to file the I-485 and everything that goes with it plus a I-130.

Don't let your wife leave the country until she has her GC.

[saratara 0]

Hi,

You can file AOS for your wife, no problem. She doesn't need to fill I-485A form because she entered in this country legally. That is for the certain people that entered illegally.

Even if you wife overstay her visa, and if you can approve that you live together all this time she can still file for AOS.

You need: I-130, I-485, I-765, I-864, I-693 and Vacctination Supplement called I-693A you need to go to the Civil Surgeon, you can find one on uscis.gov put your zip, and see who is close to you, called more of them and ask for price since they have different price. You also need G-325A for you and your wife.

Take time, collect everything, ask on this web for anything that you don't understand and you will be fine!!!

Since you are married for more that 2,5 years you wife is going to get green card on 10 years.

Also she can't leave the country until she get GC because she is overstay, so there is no need to apply for I-131.

Good luck

[Sunil 0]

Thanks for getting back to me. And thanks for the kind words. Saratara, I don't understand a few points in your post.

First, are you sure that we don't have to pay the penalty? Not that we want to pay but my understanding from reading the instructions was that her overstay made her ineligible for adjustment under normal conditions (after all, she is no longer in status) but these can be overcome by paying the penalty. I don't want to argue by no means, don't get me wrong here. This path is all unknown to me.

Second, you said that since we've been married for 2.5 years, she'll get her GC in 10 years. Why 10? Getting a GC in her status takes 7.5 years?

Finally, why can't she apply for AP (I-131)? I'm sorry; I'm still new at this. Please elaborate.

Also, on a different note, I have a question about filling out I-864. In part 2 it lists the principal immigrant, that is, her. In part 3, I put a check on line 8 where I confirm it. Then I put 1 (her) on line 10 where it asks about the total number. Next, when I move on to part 5, line 21, things get strange. I carry 1 person (her) over from 10, in box a. Box b is for me or 1. Box c "if you are currently married" I guess I have to put another 1 (I'm married to her). So that makes THREE PEOPLE in our household with only two people, me and her. What am I doing wrong, where should I leave the checkmark out? Maybe you can shed some light on this.

Thank you,

Sunil

[Ian + Anne 0]

Thanks for getting back to me. And thanks for the kind words. Saratara, I don't understand a few points in your post.

First, are you sure that we don't have to pay the penalty? Not that we want to pay but my understanding from reading the instructions was that her overstay made her ineligible for adjustment under normal conditions (after all, she is no longer in status) but these can be overcome by paying the penalty. I don't want to argue by no means, don't get me wrong here. This path is all unknown to me.

Second, you said that since we've been married for 2.5 years, she'll get her GC in 10 years. Why 10? Getting a GC in her status takes 7.5 years?

Finally, why can't she apply for AP (I-131)? I'm sorry; I'm still new at this. Please elaborate.

Also, on a different note, I have a question about filling out I-864. In part 2 it lists the principal immigrant, that is, her. In part 3, I put a check on line 8 where I confirm it. Then I put 1 (her) on line 10 where it asks about the total number. Next, when I move on to part 5, line 21, things get strange. I carry 1 person (her) over from 10, in box a. Box b is for me or 1. Box c "if you are currently married" I guess I have to put another 1 (I'm married to her). So that makes THREE PEOPLE in our household with only two people, me and her. What am I doing wrong, where should I leave the checkmark out? Maybe you can shed some light on this.

Thank you,

Sunil

Sunil,

Your wife will be issued a 10 year GC as you have been married for over 2 years, just file the forms as listed by saratara.

As for the I-864, you don't need to put her in Box 'C' -- it's not required as you have her placed in Box 'A' (see the example form here)

Form I-131 <<< This form is only used if she needs to leave the country for some reason, best for her not to leave the country until the GC comes though.

Hope this helps

[CB82 1]

Thanks for getting back to me. And thanks for the kind words. Saratara, I don't understand a few points in your post.

First, are you sure that we don't have to pay the penalty? Not that we want to pay but my understanding from reading the instructions was that her overstay made her ineligible for adjustment under normal conditions (after all, she is no longer in status) but these can be overcome by paying the penalty. I don't want to argue by no means, don't get me wrong here. This path is all unknown to me.

If you look on the first page of the I-485A it states:

Note:If you are applying to adjust as the spouse or unmarried minor child of a US Citizen or the parent of US Citizen child at least 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrant status, you do not need to file this form. Therefore since she was lawfully admitted and inspected when she entered the US and she is the spouse of a US Citizen, you do not need to file this form.

Second, you said that since we've been married for 2.5 years, she'll get her GC in 10 years. Why 10? Getting a GC in her status takes 7.5 years?

What she meant is she will get a green card that is valid for 10 years - not it will take 10 years to get it. If you are married less than 2 years when your application for a green card is approved, the green card is only valid for 2 years. You would have to file to remove conditions before your card expires and you would then be issued a green card valid for 10 years. As you are married more than 2 years when you're green card application will be approved she will be issued a green card that is valid for 10 years.

Finally, why can't she apply for AP (I-131)? I'm sorry; I'm still new at this. Please elaborate.

The AP is for Advance Parole which would allow someone who had filed their AOS to be able to travel outside of the US and enter with no problems. However since your wife has been here unlawfully for almost 2 years, if she left the US before she has her green card, she would be banned from entering the US for 10 years. Therefore she should wait til she has received her green card and then she can freely travel in and out of the US without the worry of being banned, as unlawful presence is forgiven if you are the spouse of a US Citizen.

Also, on a different note, I have a question about filling out I-864. In part 2 it lists the principal immigrant, that is, her. In part 3, I put a check on line 8 where I confirm it. Then I put 1 (her) on line 10 where it asks about the total number. Next, when I move on to part 5, line 21, things get strange. I carry 1 person (her) over from 10, in box a. Box b is for me or 1. Box c "if you are currently married" I guess I have to put another 1 (I'm married to her). So that makes THREE PEOPLE in our household with only two people, me and her. What am I doing wrong, where should I leave the checkmark out? Maybe you can shed some light on this.

Part 5 - Question 21 states "Do not count anyone twice". As you are petitioning for your wife she is the principal immigrant. Therefore since you have counted her there you put 0 in Box c. You would only put 1 there for your wife if you were petitioning for a principal immigrant who is someone other than your spouse. If that makes sense.

Thank you,

Sunil

Edited November 19, 2007 by CB82

[Sunil 0]

Thanks a lot for the information. I guess I'll get on it and start working on the package. If I run into something I can't figure out, I'll come back here. This is one great site here!

Sunil

[saratara 0]

Hi Sunil,

I am sorry if you didn't understand me very good, but CB82 explain you everything great! I wish you good luck with papers!!!

[Sunil 0]

A few more questions. I'm reading the step-by-step guide how to file an I-130 for a spouse in the US. I little further down is checklist for I-485. I'm going over both of them and I noticed this: with I-130 it says to file my G-325A and my wife's G-325A. With I-485 it says to file my wife's G-325A. We want to file off both packages together. Does it mean that we have to send essentially 3 copies of G-325A?

Also, I-130 wants one photo of me and one of her. Then I-485 wants two photos of her. Is it all accumulative, e.g. 1 photo of me and 3 of her???

Another one; on I-130 checklist it says CERTIFIED copy of either one of us divorce documents, on I-485 checklist it says just a copy. Does it mean two copies and do they have to be certified. Where do you get a certified copy anyway?

Thanks,

Sunil

[saratara 0]

Yes it is, do everything how they looking for, I did too!!!

You don't need certified copy? I just sent regural copies!

[Sunil 0]

Yes it is, do everything how they looking for, I did too!!!

You don't need certified copy? I just sent regural copies!

Thank you saratara,

Sunil

[miles 0]

Just be sure to complete the forms and filled it up by not leaving any blank space.just put N/A if it is not applied to you. It is very important. Request of Evidence makes the processing pending so, be sure to submit all the documents needed in one pachet.If you mailed the pachet make it overnight mail USCIS will receive it more quickly. Keep all the receipts and be sure to have a copy of everything and make a file so all will be ready upon AOS interview.Gather all necesary evidence from your marriage and living.We are all here in VJ to guide you.Goodluck

Miles