Feedback from Lawyer on how to prepare package

[106206 15]

Looking for alternative views or comments based on feedback we received from a consultation with an immigration atty.

She reviewed our package as we prepared it.

1. Notes - I had a detailed itemization of everything in the packet. She says they will not read it and blow past it. She says its better to use sticky notes on the forms themselves if you want to point something out. I think this makes sense. I might add a cover letter with a TOC that calls out 'see post-it notes' and that it's a concurrent filing of I-130/I-485.

2. As we are filing I130/I485 concurrently, we just clip everything together into one pile and send it in that way, and in this order. That is different than what is listed in the Guides section, which says to create 2 packets I-130/I-485, some of which includes duplicate info i.e. G325. She said that because we are filing jointly, we bypass the NVC all together and the information goes right to the ATL field office for processing. Hence she says one packet is sufficient.

• I-130 (one pic of Petitioner + one pic of Beneficiary clipped to margin of front page)
  
• G325A for beneficiary (two pics of beneficiary clipped to margin of form)
  
• G325A for petitioner (two pics of petitioner clipped to margin of form)
  
• I-485 (2 pics of beneficiary clipped to margin of form)
  
• I-765
  
• I-131
  
• Petitioner's passport (she claims only front page with signature, photo/etc. is required in our case)
  
• Marriage certificate (she claims a photocopy is sufficient. I have extra certified copies to send + bring to interview)
  
• Divorce decree (again same comments on photocopy)
  
• Photocopy of I-94 both sides
  
• Photocopy of all pages of Beneficiary's current visa
  
• Photocopy of all pages of Beneficiary's expired visa (has her B1/B2 visa inside)
  
• I-693 Medical exam results (sealed in envelope)
  
• Beneficiary's birth cert, cert translated + original (again comments on photocopy is OK)
  
• Supporting evidence of marriage (placement of Beneficiary onto health insurance, beneficiary of petitioner's 401k, life insurance, bank statement, etc.)
  
• I-864 Affidavit of support
  
• 2010 tax return 1040
  
• 2008, 2009, 2010 W2s for Petitioner
  
• No more than 2 pages of photos with time line of relationship, 8 pictures maximum
  

3. Photos - Instead of putting them in baggies and stapling, she says just clip to the margins of the G325 (2 pics of party the G325 covers), I-130 (1 pic of each of us), I-485 (2 pics of beneficiary).

4. Certified / original documents - She stated that for divorce decree, marriage cert, birth cert (translated copy into English) we do not need to send originals, just photocopies (each of these docs is certified, etc.). This one seemed funny to me.

5. USC Passport - says that I only need to send front pages (with picture, etc.) as they only care about the other pages when matching travel stamps, etc. She did say to send all pages of beneficiary's passport. I don't see a problem with sending all pages of all passports myself.

6. Stating employment - As a discussion point, the attorney said if the beneficiary did any type of work that resulted in any type of compensation, i.e. babysitting for housing and food, that it should be disclosed, and that in an AOS situation, there is no problem in stating prior work. This seemed very strange to me, and it seems like inviting problems to the process - all hypothetical of course.

7. For I-693 Affidavit of support - In addition to 1040, 3 yrs W2's she said I should add 2 most recent pay statements to further prove current work.

8. I-485 - She said for Part 2 "a." is the right answer, not "b.". This is because the I-130 would have been approved and therefore "a." becomes the right answer.

9. In general - call out "B2 Visa" as the status, not "B1/B2 (Out of Status)". She says that the out of status will be obvious enough and no need to further call it out.

10. I-765 EA - says that the right status for question 15 is "AOS". Again because at point they do the I-765 the other items would have been approved.

11. Petitioner's G325A - says it should state form is being submitted with an application for "Other: Form I-130 for Wife"

12. Affidavits from friends and family stating marriage is bona fide. She says this is overreaching and we will have plenty of things to show at the interview, and that we should skip this.

All in all the attorney seemed to be very knowledgeable, and where she made these comments she had very specific and deliberate reasons. Wanted to share them and hear feedback.

Thanks

[Harpa Timsah 13,258]

Your attorney sounds good. You had some misinformation, like it is choice A, and YES you disclose any work (to lie might result in a lifetime ban from the US), and you only need photocopies of certified documents. All of these things are spelled out in the instructions.

Regarding your tax return, you need to show a complete tax return. This includes not only 1040, W2s, but also any schedules and 1099s you might have.

As to whether or not you separate the packages, clip this or that, they are really minor differences. Either way is fine and will get you to your goal. I personally would add the extra G-325A required for the -485.