AOS from F1: various questions

[Heroe 1]

Hi everybody. I am a F1 student who just got married to an American citizen a few weeks ago. I've been following the guide in the website (thank God for this place) about AOS from F1 (http://www.visajourney.com/content/i130guide2) and got most forms and documents ready, but I still have some questions. I do think there are people in this forum who know more than whoever answers the phone at USCIS, and probably will care more about helping a stranger, so I'm going to try to ask here all the questions before I call them.

Let's try to go in order:

I-130:

• Alien registration number: it asks for this in many of the forms and I’m not really sure about what it is, but I am almost sure I do not have one, being a student on a F1 visa. Should I put N/A or none? I also assume my wife should put N/A since she’s a citizen, right?
  
• SSN: it’s also asked many times. Should I put N/A or none every time I’m asked about it? I know I may be a little paranoid and it probably doesn’t make any difference as long as I make clear I don’t have one, but I really want to do this paperwork 100% right so I can avoid as many problems or possible delays.
  
• At C. 14. It asks “Date authorized stay expired, or will expire, as shown on Form I-94 or I-95”. The thing is, my I-94 has no date on it. So should I put the expiration date that appears on the F1 student visa and I-20?
  
• At C. 22. It says “Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: (City) (State)“. What should I put in there? If I’m not mistaken, I’m supposed to send the package to the USCIS Chicago Lockbox, so should I put Chicago/Illinois?
  

G-325a:

• At the end it says “This form is submitted in connection with an application for: (Naturalization) (Status as Permanent Resident) (Other)“. I’m pretty sure both me and my wife should mark the box (Status as Permanent Resident), right?
  
• One more time at the end it asks for my Alien Registration Number. Should I put “none” or “N/A” for both me and my wife?
  

Evidence of bonafide marriage:

What I am going to send is: lease signed by both of us, joint car insurance, joint bank account, 10-15 pictures (from the wedding, honeymoon and from when we first met. Pictures of her in my country with friends and family and mine in the US with her friends and family), passport stamps copies, engagement/wedding ring receipt, honeymoon receipt, emails, letters, chat logs (not the logs, just the dates and the screen names).

Question: Am I missing anything very important?

I-485:

• In the type of application, I should choose b. “My spouse or parent applied for adjustment of status or was granted lawful permanent resident in an immigrant military visa category that allows derivative status for spouses and children”. Right?
  
• In part 3 A. it asks “Were you inspected by a U.S. Immigration Officer?”. If by inspected it means go through customs and asked questions then obviously yes, but I’m not sure that’s what it means.
  
• In part 3 B. it asks about information of my spouse and children. I put the information of my wife, who’s American born, but at the end it asks “Applying with you?”. I guess I should mark down “no”, because she’s applying FOR me, not with me (she doesn’t want a green card, she’s American already), amd I right?
  

Now the last questions, pretty general:

• Should I send all these documents? Especially I want to be sure I need to send both I-130 and I-485 since between both they are over $1500.
  
• How are you supposed to pay? Just sticking the check for each form inside the package? What about the $88 that you're supposed to pay to the Department of State for the I-864? If I understood correctly, I shouldn't pay them when I send the package, but instead wait until the Department of State contacts me and asks me for the payment. Am I right?
  

And that's it. Thanks for reading and I would appreciate any insight about any of the matters.

[Little_My 464]

Hello there, and welcome to VJ! Trust me, this forum can make your filing process much smoother than it would be without VJ There are some very helpful people here.

As to your questions..

1-130

1. You don't have an A-number if you've only been here as a non-immigrant. You can put "N/A" or "none" for that. If the form won't let you type a word, you can fill it out by hand once you've printed it out.

2. Same here. "None" is fine. I paid no attention whether I put "none" or "N/A" for mine for questions that didn't apply to me, and had no issues. I think I just left them blank.

3. I put my visa expiration date

4. No, put the city and state you live in. Though you mail it to Chicago, your case will be processed in the USCIS office in your home city / closest to where you live.

G-325a

1. Yes, status as permanent resident. "naturalization" means gaining US citizenship.

2.You can put "none" for you, and N/A for your wife, as it does not apply to her as US citizen.

Bonafide marriage: You're fine. You can bring more for the interview if you want.

I-485

1. No, you choose A: An immigrant petition giving me an immediately available immigrant visa number. That petition is your I-130 form, which you are submitting concurrently.

2. Yes, you were inspected. Everyone who enters US legally, i.e. comes through immigration, is inspected.

3.Yes, you mark "No" for "applying with me?"

Yes, you have to file them together. I-130 is the form that gives you an immediately available immigrant visa number, i.e. makes you eligible to file the I-485, which is the form that you use to actually apply for LPR status. Do not send them separately.

We attached a separate check for each form, which seems to be the safest way to go. Some attach one check for the joint amount of I-130 and I-485, but I remember some people having issues with that and the application being returned.. but I might remember wrong. In any case, we attached a separate check for I-130 and I-485, and that was fine.

To be honest, I was actually not even aware of DHS charging a fee for the I-864.. and I don't think we ever got charged for that. But in any case, according to USCIS and DHS websites, if they charge you they will send you an invoice later, so for now you don't submit any payment for that.

Hope this is helpful. Our journey went very smoothly, and I hope the same for you!

[Harpa Timsah 13,258]

Just to add to Little-My's helpful response, there is no I-864 fee for CONCURRENT I-130/I-485. No $88. That is for immigrant visas (IR-1).

To lessen confusion, keep in mind that these forms are used for all sorts of people in all sorts of different situations. You need to answer the best about yourself. For instance, if you have no SSN, then you have no SSN. There is nothing else to it. Good luck.

[Heroe 1]

Thank you very much for your help, I would have made a few mistakes without it. I only have a couple more questions left:

-So at C. 22. in my I-130 I should put the city I live in where my case will be processed. The thing is, we live in the country and although officially the place where we live is called a city, I'm pretty sure there's not a USCIS office around, and the closest big city is Houston (one hour away). Should I put the place where we live, or directly Houston?

-In I-765, which I'm sending to be able to work ASAP, part 16 tells to find your category in the instructions. I think my category should be "Adjustment Applicant--©(9)", instead of any of the ones for foreign students. Am I correct?

-Some forms offer you the possibility of filling the form G-1145 to receive an e-confirmation that the form got there. Since I'm sending all the forms in the same package, should I put just one G-1145 for the whole package, or one for each form that allows me to use a G-1145?

Thanks again!

[Harpa Timsah 13,258]

1. Houston or your nearest USCIS office. You can find it at uscis.gov

2. Yes, c9. Also make sure to check "permission to accept employment" not renewal.

3. One for the whole.

[Heroe 1]

Thanks again. There's only one office around, and it's the one in Houston, so I'll put that.

I'm revising everything one more time and I'm not sure if I filled right part of the form I-864. In part 3 item 10, it asks "Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9". The number is going to be 1, because my sponsor (my father-in-law) is only sponsoring me. But later, on part 5 item 21 it asks for the household size and 21.a says "Persons you are sponsoring in this affidavit: Enter the number you entered on line 10". Now, I am not 100% sure if it means only in case the person being sponsored is living with the sponsor (which is not the case), or that you automatically should be added to the sponsor's household since he/she's sponsoring you. I think that it makes more sense not to add me to the household since I don't live with my sponsor, but the directions in the form confuse me.

[Harpa Timsah 13,258]

You, the immigrant will count in his household size. Do not count anyone twice, however. So say he is married and his kids are grown. That means he needs to show he can support 3 people, which is him, his wife, and YOU. If he has kids or elderly parents who live with him or who count on him for support then the number grows. He needs to qualify on his own for his household size, PLUS you.

Edited August 16, 2011 by Harpa Timsah

[CC90 90]

The number is going to be 1, because my sponsor (my father-in-law) is only sponsoring me. But later, on part 5 item 21 it asks for the household size and 21.a says "Persons you are sponsoring in this affidavit: Enter the number you entered on line 10".

Be careful here as your wife MUST be your primary sponsor regardless of her income. Your father in law would be the sole joint sponsor--and your wife would be the primary sponsor. Thus, you must submit two separate I-864s.

You don't have an A-number if you've only been here as a non-immigrant.

I'm not sure that this is true; A-numbers are even assigned to those who have been deported or subjected to expedited removal on non-immigrant visas without even having entered the US. F-1 holders on OPT also get A numbers, in addition to other types of processes.

It asks “Date authorized stay expired, or will expire, as shown on Form I-94 or I-95”. The thing is, my I-94 has no date on it. So should I put the expiration date that appears on the F1 student visa and I-20?

The interesting thing about D/S I-94's is that your status doesn't expire unless you are informed that it has ended (e.g. termination of SEVIS record). Though it really won't matter what you put (in this case in particular, it really doesn't matter and likely won't be looked at), I believe that D/S is the correct response. The visa expiration date has nothing to do with your status; it's simply how long the visa is usable for entry, although the date on your I-20 would philosophically be closer to the expiration of your status. But, again, this field is really immaterial in this case.

[Heroe 1]

Be careful here as your wife MUST be your primary sponsor regardless of her income. Your father in law would be the sole joint sponsor--and your wife would be the primary sponsor. Thus, you must submit two separate I-864s.

Thank you for letting me know, I was doing something REALLY wrong then. So I need to fill two separate I-864 forms, or does any of them need to be a I-864A? I don't understand what the I-864A is for, or if I need to fill one or what.

The problem I have now is that I don't really know how to fill the I-864 for my wife. She only works part time and gets very little money, so I don't know very well how to fill the form. If you can help me, I would highly appreciate it. To put you into perspective, my wife doesn't work so her income is not enough to cover the poverty guidelines, we live together with no children, and her dad, who lives with her mom only is sponsoring me and has an income close to a hundred thousand dollars a year. These are my questions:

-Part 1 item 1. Should my wife check "a. I am the petitioner. I filed or am filing for the immigration of my relative." and my father-in-law check "d. I am the only joint sponsor." ?

-Part 3 item 8. Should both my wife and father-in-law mark down "Yes" to "I am sponsoring the principal immigrant named in Part 2 above." ? So both my wife and my father-in-law are sponsoring me?

-Part 5 item 21. So my wife should count me in 21.a since she's sponsoring me and she shouldn't count me in 21.c since she counted me already, making her household size 2. In the other hand, my fater-in-law should count me in 21.a and count his wife in 21.c, making his household size 3.

-Part 6 item 24.b. Since I do not have an income, and my father in law is not part of my wife's household, I assume I shouldn't put anybody in here, right?

-Part 6 item 25. My wife did her tax returns for the first time this year. So should I even mark any of the boxes? Should I put down the info for only the most recent tax year, and also attach a photocopy of her 1040 for only last year? Or since my father-in-law is the only who is actually the "real" sponsor, could she just not put anything? I already have my father-in-law tax returns for the past three years.

-Part 7. Does my wife need to fill anything in this part? Because adding all her possessions and current savings is still almost nothing, but she's not really the "real" sponsor, my father-in-law is.

Thank you for your time.

[Harpa Timsah 13,258]

Please read the guides, and the instructions from the forms themselves available at uscis.gov. You are missing a lot of information, and it's better to familiarize yourself with the process and see the "big picture" than to ask questions about specific small questions. Once you understand the big picture, you can better understand the little questions. Your wife is the primary sponsor. Even though she doesn't qualify, she fills out everything as requested, including at least last year's complete tax return, a letter from her employer, etc. In fact, your wife should be filling his out, NOT you. You, as the foreigner, will be even more confused with American taxes etc.

Your father in law will also fill out a I-864. Ignore the I-864a because it's not for you. He will fill it out for his family and include YOU, the beneficiary in his household count. It will go somewhere under "immigrant I am sponsoring." He will also need at least last year's tax returns, letter from employer, proof of citizenship, etc. Good luck.

[CC90 90]

Thank you for letting me know, I was doing something REALLY wrong then. So I need to fill two separate I-864 forms, or does any of them need to be a I-864A? I don't understand what the I-864A is for, or if I need to fill one or what.

As the previous poster said, the I-864A is not for you. With immigration cases, there are sometimes multiple agencies involved outside of USCIS, namely the Department of State when a visa has to be issued outside the country. As such, these forms are not just for USCIS, but are also used for the Department of State in other senarios.

Further, there are an infinite number of immigration senarios; Harpa Timsah stated it well:

To lessen confusion, keep in mind that these forms are used for all sorts of people in all sorts of different situations. You need to answer the best about yourself. For instance, if you have no SSN, then you have no SSN. There is nothing else to it.

While it seems that you're at least being very through, I think it would be helpful to play these exact words in your head as you're going through this process.

The problem I have now is that I don't really know how to fill the I-864 for my wife.

I mean this in the best possible way, but please realize that this is a problem. The I-864 is a very complicated form that is meant to be versitle to many, many different types of circumstances. Accordingly, you will encounter things that may not apply to you.

In your particular case, it does not matter how much money your wife makes; for these areas, it is important to put the required information. Listing assets/cash is not needed (it is optional depending on the circumstances; however, the financials for your wife are required even though they don't meet the guidelines). When the petitioner does not have enough money, the I-864 is used mainly as a contract between her and the US Government (read the text of the contract). For the joint sponsor(s), the money is obviously very important.

Nonetheless, all required information must be completed. If your wife did not file tax returns for a particular year requested, you MUST explain why she did not file and that she was not required to do so under the Internal Revenue Code. It will be your responsibility to cite the provisions of IRS regulation or the IRC that explains why she did not file. These instructions, and all other information you will need, is included in the Step by Step instructions as a part of the instructions for Form I-864.

Accordingly, it is VERY important that you understand exactly why USCIS is requesting an I-864. Reading part of the INA may be useful in understanding this. I cannot articulate it as well as the INA can.

Additionally, the instructions for the I-864 include a special section called "Step by Step" instructions. Read every word; it should give you enough information to be able to complete the form. This part does not do a very good job of stressing important sections; sometimes VERY important information may be buried within a paragraph. Read every word.

***

After you review everything, let us know how it goes and the members here will be able to help you. However, it is important to understand the "why"s of the process in preparing these very important documents. Even a small mistake on a certain issue can be very serious.

Edited August 16, 2011 by CC90

[Heroe 1]

I'm back again, almost ready to send the whole package. The only document that I don't feel confident about is my wife's I-864. I have read the form a hundred times, and the step-by-step instructions a few more times too. With all respect to whoever wrote them, I don't think they are very good. Anyway, although I still don't feel perfectly comfortable about them, I'm starting to understand everything a little bit better. It probably has something to do with the past 100 hours thinking, working and worrying about all this exclusively

I'll remember my case briefly: my wife doesn't have enough income to cover 125% of the Poverty Guidelines, so my father-in-law (who does by a big margin) is going to be a joint sponsor. So, both of them need to submit separated I-864 forms.

My father-in-law's I-864 is not much trouble, it's pretty straigthforward since I have all the documents I need (1040's, W-2's and 1099's from the past 3 years) and he actually has more than enough money to cover the 125% of the Poverty Guidelines. However, I still am having trouble in a couple of spots of my wife's I-864.

In Part 6 item 25, in the joint sponsor's I-864 I wrote down the data for the last 3 years and marked both of the boxes, since I'm sending photocopies of the last 3 years. In my wife's I-864, I don't know exactly what to do. Neither in the form or in the step-by-step instructions it mentions that is needed to mark any of the two boxes (in other forms it would say "Choose one"), so I don't think I 'must' choose one, because neither of them applies. But I don't know if I still should input the data for the past 3 years (which would look like: 2010-something, 2009-nothing, 2008-nothing) since I didn't mark the box "I have filed a Federal tax return for each of the three most recent tax years."

Apart from this, I know that I need to attach to the form a photocopy of the past year tax returns of my wife and a written explanation about why she didn't file a federal tax return the previous years, as explained in the step-by-step-instructions. But I'm still not sure about what to answer in item 25. I'm pretty sure I shouldn't mark any of the boxes, but I don't know about putting the income for the past 3 years.

About part 7, I think that my wife doesn't need to put anything in there. In the form it says it's optional, and in the step-by-step instructions it says "Only complete this part if you need to use the value of assets to meet the income requirements". The way I see this is, although my wife can't meet the income requirements by herself, the joint sponsor is going to be the one doing it, so my wife does not have the need of using the value of her assets to meet the income requirements. So, she wouldn't need to fill par 7. Am I right about this?

Thanks for reading.

[CC90 90]

In my wife's I-864, I don't know exactly what to do. Neither in the form or in the step-by-step instructions it mentions that is needed to mark any of the two boxes (in other forms it would say "Choose one"), so I don't think I 'must' choose one, because neither of them applies. But I don't know if I still should input the data for the past 3 years (which would look like: 2010-something, 2009-nothing, 2008-nothing) since I didn't mark the box "I have filed a Federal tax return for each of the three most recent tax years."

Apart from this, I know that I need to attach to the form a photocopy of the past year tax returns of my wife and a written explanation about why she didn't file a federal tax return the previous years, as explained in the step-by-step-instructions. But I'm still not sure about what to answer in item 25. I'm pretty sure I shouldn't mark any of the boxes, but I don't know about putting the income for the past 3 years.

It's difficult (and dangerous) to try and give you specific advice on a case with which we are not fully familiar, but my personal, individual, and do-not-solely-rely-on-this opinion is that the first box should be checked because you will provide them with your wife's most recent tax return. It's as simple as that.

About part 7, I think that my wife doesn't need to put anything in there. In the form it says it's optional, and in the step-by-step instructions it says "Only complete this part if you need to use the value of assets to meet the income requirements". The way I see this is, although my wife can't meet the income requirements by herself, the joint sponsor is going to be the one doing it, so my wife does not have the need of using the value of her assets to meet the income requirements. So, she wouldn't need to fill par 7. Am I right about this?

I would say that you are.

Please let us know how it goes.

[Harpa Timsah 13,258]

http://www.visajourney.com/forums/topic/324551-aos-from-f1-various-questions/page__view__findpost__p__4848617