Question about assembling our I-130/I-485 packets

[doctorbeat 6]

We've been reading the extremely helpful checklist:

http://www.visajourney.com/content/i130guide2

...for assembling our documents, and for the most part they are self explanatory.

One thing we're puzzled about is that the instructions for the I-130 and I-485 packets both ask for certified copies of our marriage certificate.

The part we don't get is the I-485.

If we already have a certified copy of our marriage certificate in the I-130 packet, do we still need to include one in the I-485?

The checklist says:

"7. A certified copy of your marriage certificate. (If filing for your spouse)"

I thought the I-485 was the intending immigrant's (me) application, so how could the person filing the I-485 be filing for their spouse?

Also, does certified copy mean that we have to request official certified copies of our certificate from the registry office, or can we use a photocopy for one or both?

I'm sorry if this sounds like a dumb question, but we want to be really sure we don't mess this up, as time is very much of the esscence

[pixie77 2]

The part we don't get is the I-485.

If we already have a certified copy of our marriage certificate in the I-130 packet, do we still need to include one in the I-485?

I don't know what visa you're adjusting from I adjusted from a B1B2 visa and did not include a copy of our marriage certificate in my the I-485 packet.

The checklist says:

"7. A certified copy of your marriage certificate. (If filing for your spouse)"

This is perhaps for K1 AOS because they need to be married within 90 days before they can adjust their status.Refer to the instructions on the uscis.gov website too. I stand corrected on this.

I thought the I-485 was the intending immigrant's (me) application, so how could the person filing the I-485 be filing for their spouse

?

It is your application, you are correct.

Also, does certified copy mean that we have to request official certified copies of our certificate from the registry office, or can we use a photocopy for one or both?

I did not request a certfified copy from the registry. I had the original document certified against the photocopy through the notary public. I submitted all our personal documents notarized. I was told that photo copies were fine.

If you are adjusting from a B1B2 visa I can send you a copy of my table of contents and cover letter .

Good luck on your Visa Journey.

Edited February 18, 2011 by pixie77

[doctorbeat 6]

I did not request a certfified copy from the registry. I had the original document certified against the photocopy through the notary public. I submitted all our personal documents notarized. I was told that photo copies were fine.

If you are adjusting from a B1B2 visa I can send you a copy of my table of contents and cover letter .

Good luck on your Visa Journey.

Ah, so photocopies of our original documents are ok as long as they are notarized?

That makes it much easier and cheaper.

A guy my wife works with is a notary public, so we can get him to do it.

What does the notary have to do? Check the photocopy is genuine and sign it?

[pixie77 2]

What does the notary have to do? Check the photocopy is genuine and sign it?

Yes, they sign it, write their notary number and stamp their seal.

What visa are you adjusting from?

Edited February 18, 2011 by pixie77

[doctorbeat 6]

VWP with an overstay

That's why we're in such a hurry to get the papers filed.

We only found out on Wednesday about the policy changes that are happening, so we're rushing to get the application entered while NY is still 'safe'.

We've got a lot done in the last few days. My wife spoke to her boss about the pay raise she needed to sign the affidavit of support (that was what held us back until now) and now we're trying to get all our ducks in a row.

We've got most of the stuff together, as we originally started filling out the forms over a year ago, but we still have quite a lot to do...

[Harpa Timsah 13,258]

A normal, non-notarized photocopy of the "official marriage certificate" is fine (VJ guides are wrong in saying a certified copy is required). The instructions specifically state a photocopy is fine. We only submitted one photocopy of it for the whole I-130/I-485 package. Good luck.

[doctorbeat 6]

I thought so, but then I read that thing and it made me wonder...

We're so worried we'll get something silly wrong and delay the process unnecessarily.

I might as well include photocopies in both packets because it's pretty easy to do.

We'll get them notarized too, even if it is unnecessary, as my wife's work colleague can do it no problems.

What about the other documents such as birth certificates etc?

Thanks for your help, I'm sure we'll have plenty of other questions before we get it sent off...

Edited February 18, 2011 by doctorbeat

[Harpa Timsah 13,258]

Just photocopies of everything. You will show the originals at the interview.

[Myopia 93]

This is what I have in my packet if it helps.

U.S. Citizenship and Immigration Services

P.O.BOX 805887

Chicago, IL 60680-4120 (This address is if you send through USPS. Im sending mine via fedex or ups as I dont trust USPS personally)

To Whom It May Concern:

Please find enclosed my application for Permanent Residence based on marriage.

Form I-130

• Copy of petitioner’s US Birth certificate

• Copy of beneficiary’s UK Birth Certificate

• Copy of Marriage Religious Certificate/Civil Marriage Certificate

• Copy of beneficiary’s UK Passport

• Copy of beneficiary’s Change of name document (Statutory Declaration of change of name)

• Copy of form I-94

• G-325A form for petitioner

• G-325A form for beneficiary

• One color photograph of petitioner

• One color photograph of beneficiary

• Filing fee of $420

• Copy of petitioners NYS ID

• Copy of petitioners Social Security Card

Supporting Documents

• Letter from landlord confirming joint residence

• Letter from New York State Department of Taxation to both beneficiary and petitioner

• Letter from IRS to petitioner showing address and home business

• Copy of Aflac NY Accident Policy showing Named Insured/Spouse coverage

Form I-485

• Copy of beneficiary’s UK passport

• Copy of form I-194

• Filing fee of $985 + $85 Biometrics Fee. ($1070)

• Copy of Beneficiary’s Uk Birth Certificate

• Copy of Beneficiary’s change of name document (Statutory Declaration of change of name)

• Copy of Religious Marriage Certificate/Civil Certificate

• G-325A form for petitioner

• G-325A form for beneficiary

• Four passport pictures of beneficiary

• I-864 (Affidavit of support ) Hubby

• Supporting Documents for I-864( US Birth certificate for Hubby,2009 W2, Tax transcripts for 2009 and 2008, Letter explaining why no tax transcript for 2007,Employment letter, Last three pay stubs)

• I-693

• I-765

Supporting Documents for I-765 (Copy of I-94, 2 passport pictures of beneficiary)

• Form G-1145

All copies attached are exact photocopies of original documents.

Thankyou.

@Doctorbeat, I had two marriage ceremonies, one was religious and one was civil. The religious was in 2009 and the civil this year 2011, I included my husbands NYS ID and SSN card as my friend recently successfully petitioned her B1 husband and she got a RFE for those two items. She interviewed in Philly.

Edited February 18, 2011 by Myopia

[doctorbeat 6]

Thanks Myopia, you came through for us again

We have most of this stuff already, the only things that are going to take time are filing my wife's tax return (she's late filing!) and getting my medical done.

[Myopia 93]

Thanks Myopia, you came through for us again

We have most of this stuff already, the only things that are going to take time are filing my wife's tax return (she's late filing!) and getting my medical done.

You are like my filing twin! If you were close to NYC, I could direct you to a doctor that charges $150 for everything including shots, tests etc but if you arent close then it wouldnt be practical as you have to visit the doctors twice in order to get the results of the TB. If you file before the 18th April 2011 then you wont have to include the tax return for 2011. I really wanted to be able to get my EAD before the 18th April so we could take advantage of the EITC which we couldnt get last year because I didnt have a SSN.

Actually thats a FYI for you and your wife also. When you file your tax return as joint married then you will not be able to get the EITC for your daughter because you wont have a SSN. Do you have a ITIN? If you dont then you will need to get one in order for your wife to file with you this year.

[doctorbeat 6]

We were taling about that today.

My wife's aunt's neighbour is a tax accountant, so she's going to go to him and explain everything.

In other news, we realized to our horror that my wife's ss card and non-driver's ID are still in her old name!

How serious is this? She's going to try to get the ss card changed on monday, but she needs to wait for that to arrive before she can change her ID.

The reason she hasn't got around to it yet is that the ss office is quite far away and we don't have a car.

It's one of those things she kept meaning to get around to...

How important is this? Everything else is in her new name except these two items. Will they see this as evidence that our marriage isn't real?

[Myopia 93]

We were taling about that today.

My wife's aunt's neighbour is a tax accountant, so she's going to go to him and explain everything.

In other news, we realized to our horror that my wife's ss card and non-driver's ID are still in her old name!

How serious is this? She's going to try to get the ss card changed on monday, but she needs to wait for that to arrive before she can change her ID.

The reason she hasn't got around to it yet is that the ss office is quite far away and we don't have a car.

It's one of those things she kept meaning to get around to...

How important is this? Everything else is in her new name except these two items. Will they see this as evidence that our marriage isn't real?

I dont believe that it would affect the packet seeing as I only put the NYS ID and SSN for my own benefit. It isnt something that is required in the instructions for the packet but of course changing the names on all legal ID is something that should be gone once undergoing a legal name change such as when married.

[Romancita 3]

What policy changes are you talking about?

[doctorbeat 6]

I think what we're going to do is get the name change done on her ss card early this week, because apparently that only takes 7-10 business days. We'll send a copy of that off and in the meantime apply for the ID (you need the ss card for the ID)

Hopefully if we do get an RFE for the ID, it will have arrived by then.

We're on Long Island, but the city is pretty easy to get to.

Since we don't have a car, it might actually be easier to get to the city than to a civil surgeon tht is geographically closer, so if you could PM me the address that would be awesome