How to Apply for a Green Card- Do it Yourself

[iamthegreatest]

hi everyone,

As you can see I just submitted my application for AOS last monday and I just realized that in part 2 of form I-485 I checked the 1st box which states "an immigrant petition giving me an immediately available immigrant visa number That has been approved" instead of checking the 'h' box and state my reason for eligibility which I did not. I concurrently submitted along the I-130 form from my USC husband with my I-485. So i checked the wrong box.

Do you think USCIS will reject my application? or will this affect my petition BIG time?
Please lemme know if you have any idea on this.

Thanks alot!

[PVJena]

Hi everyone,

I just received a rejection notice for my 1-485 application packet. I had filed this along with the I-130 petition from my wife, a U.S. citizen. The rejection stated:

__________________________________________________ ____________________
Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

The following documents may be provided:

Your original Form I-130 (Petition for Alien Relative) if you are filing concurrently, or
__________________________________________________ ____________________

I don't know what to do now. The I-130 application was also returned, without a reason but with the I-797C. I have the following questions:

On Part 2 of Form I-485,
I chose (a). But I did not attach a copy of the I-130 application because the I-130 application with the required documents had been concurrently filed and mailed in the same packet.

Should I have attached a copy of the I-130 here with the I-485 application, as well as the separate cover letter/I-130/photos/ sent in the same packet?

Should I have selected (h) and explicitly written out that a form I-130 had been filed by my US Citizen wife along with this application packet?

thanks

PVJ

[iamthegreatest]

Oh my, I'm sorry to hear that, PVJ.. I also checked box A on my I485 which I filed along with I130 also. I read from the other thread that we should check A if filing along with form I130. what were the documents you provided along with your I485 exactly?

[PVJena]

Hi, so the forms that I sent were in this order:

I) I-130 application filed by my wife, containing
I-130 form
Check
G-325A
Photo
U.S. Birth Certificate for wife
Evidence of marriage documents

II) I-485 application filed concurrently by me, containing:

I-485 form
check
My Birth Certificate
Passport page, Visa copies
Passport photographs
I-693
Form G-325A
I-864
I-765

I hope you have better luck.

Prakrit

[iamthegreatest]

I passed the same thing except for the medical records because I just started my immunization. But I will let my husband give USCIS a call as soon as I receive my reciepts bec my husband is in the military and will soon be deployed overseas. The thread that I read that we should check box A is "B2 to AOS". take a look at it.

Thanks! hope u resolve yours asap.

P.S.

Did u pass G325A as well for your USC wife in form I130?
You should.

[nykotai]

Hi all,

I m a bit confused.
I m currently on H1-B working as a consutant in US and married a USC.
I currently filling out paperwork to change to GC.
On the USCIS website for green card forms it lists the i-134 but perusing this site all i see are mentioned of form i130.

Can anybody let me know exactly all the documents that i need to fill out?

Many thanks

[nykotai]

Hello all,

I m currently filling form i 130 and i m a bit confused.

I m currently in the US on H1 and applying for adjustment of status after marriage to USC.

Could anybody help shed some lights on a few questions?

Question 14/ Second part:
Arrival/Departure record i94
What should i put in this section?

Question 18:

Adress in the US where your relative intends to live?
What should i put htere if i m alrady in the US?


Question 19:

Your relative's adress abroad.
Should i put anything there?
I havent been back home in almost 12 years and i my parents no longer live there...

Question 21:

If filing for your husband/wife please give the last adress that you lived at?
Is that our current adress?

Question 22:
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:

What should i put htere?


Many thanks

[nykotai]

I m currently on H1 B and applying for adjustment of status and EAD after marriage to USC.

On form I765 first question should i check :

I am applying for:

Permission to accept employment or renewal of my permission to accept employment?

Please advise

Thanks

[BornintheRSA]

Do you think USCIS will reject my application? or will this affect my petition BIG time?

Your application will be denied for the same reasons as PV.
If you are lucky enough to get a nice IO they may just changed that answer on your form as it will be obviously that you have not previously filed an I-130.

Should I have attached a copy of the I-130 here with the I-485 application, as well as the separate cover letter/I-130/photos/ sent in the same packet?

Should I have selected (h) and explicitly written out that a form I-130 had been filed by my US Citizen wife along with this application packet?

Yes and Yes.
You need to send in a new package. Select option H and write "concurrently filed I-130"

On the USCIS website for green card forms it lists the i-134 but perusing this site all i see are mentioned of form i130.

Can anybody let me know exactly all the documents that i need to fill out?

It's I-864 not 134.
See page 1 of this thread for all the details.

1) Question 14/ Second part:
Arrival/Departure record i94
What should i put in this section?

Question 18:
2) Adress in the US where your relative intends to live?
What should i put htere if i m alrady in the US?

Question 19:
3) Your relative's adress abroad.
Should i put anything there?
I havent been back home in almost 12 years and i my parents no longer live there...

Question 21:
4) If filing for your husband/wife please give the last adress that you lived at?
Is that our current adress?

Question 22:
5) 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:
What should i put htere?

1) The dates on your i-94 (White card stapled in your passport)
2) Where you live now then
3) Put a relatives address. I used my sister's.
4) Yes
5) Your nearest immigration office. Find yours HERE

I m currently on H1 B and applying for adjustment of status and EAD after marriage to USC.

On form I765 first question should i check :

I am applying for:

Permission to accept employment or renewal of my permission to accept employment?

Please advise

Thanks

Permission to accept.
It's not renewal because H1B is different to EAD.

[purple22]

Hi,
I am filling out all the forms required for the AOS (came here on K1), just want to know which family name should i use in all the forms? should i use my "last name" when i was single? of my husband's last name now?

I havent changed my name in my passport yet.

would appreciate any response. thanks!

[JohnnyCash]

When you filed a marriage license petition/application in the US to get married, did you mention there to be adopting/having your husband's last name as your last name? If so, then does the marriage certificate indicate your last name as same as your husband's last name? In US, whenever a woman marries, she always has an option to adopt her husband's last name as hers.

If you have done so then you must need to use your husband's last name as yours even though your last name on your passport is different. Just write a simple note on a piece of paper indicating to them that your last name has changed by virtue of you being married. Just attach your marriage certificate along with this letter. USCIS knows that most women's last name does change after being married, which will not match with other documents like passport, DL and other govt. documents. Nothing to worry about it.

However, if you have not asked to change your last name on marriage license application, and the marriage certificate doesn't show anything about you adopting your husband's last name as your new last name then you can choose to file paperworks with your own last name. A lot of women don't change their last name even after being married because of tons of hassle involved in changing the name on everything. Either way it would be fine.

Good luck...

Hi,
I am filling out all the forms required for the AOS (came here on K1), just want to know which family name should i use in all the forms? should i use my "last name" when i was single? of my husband's last name now?

I havent changed my name in my passport yet.

would appreciate any response. thanks!

[purple22]

Hi Johnny Cash, thanks so much for your quick reply. Yes i did indicate in the marriage license that i will use my hubby's last name, and it was indicated too in the marriage certificate. Better use it now, so all i need to change later is my passport name.

thanks so much again!

[nykotai]

Thanks a lot born in the RSA.

I have some more question on i 765

question 11:
Have you ever applied for employment authorization from USCIS?

I m currently on H1-B should i write yes or no?

Also for question 16 for i765:
What should the eligibility code be from somebody married to USC?

Please let me know.

Thanks

[purple22]

Hi Jonnycash, another clarification pls...the 90-day given to me by the immigration (K-1 visa), does it mean that we have to file for the AOS too w/in that period? We got married w/in that period but we have not filed yet as we are still saving for the fee. What happens if we file after the 90-day period?

Thanks so much!

[BornintheRSA]

Answers in red.

Thanks a lot born in the RSA.

I have some more question on i 765

question 11:
Have you ever applied for employment authorization from USCIS?

I m currently on H1-B should i write yes or no?
No.

Also for question 16 for i765:
What should the eligibility code be from somebody married to USC?
c19 I think. Check the instructions.

Please let me know.

Thanks

[JohnnyCash]

Hi Jonnycash, another clarification pls...the 90-day given to me by the immigration (K-1 visa), does it mean that we have to file for the AOS too w/in that period? We got married w/in that period but we have not filed yet as we are still saving for the fee. What happens if we file after the 90-day period?

Thanks so much!

So long you are married within 90 days after arriving into the US on K-1 visa, it doesn't matter when you file for AOS. Many people file for AOS after a very long time. However, one should always file AOS as soon as possible because being married with a US citizen alone doesn't mean one is legally allowed to stay in the country nor it will protect them from deportation if someone comes in contact with USCIS and local enforcement agencies for any reason. Besides, marriages do get failed over the time, sadly and unfortunately, it's a true fact.

[purple22]

So long you are married within 90 days after arriving into the US on K-1 visa, it doesn't matter when you file for AOS. Many people file for AOS after a very long time. However, one should always file AOS as soon as possible because being married with a US citizen alone doesn't mean one is legally allowed to stay in the country nor it will protect them from deportation if someone comes in contact with USCIS and local enforcement agencies for any reason. Besides, marriages do get failed over the time, sadly and unfortunately, it's a true fact.

Thanks for the clarification! I really appreciate it.

[iamthegreatest]

Hi Everyone,
This is my second time applying for AOS to adjust to LPR from F1 (overstay).
I applied for I-130/485 based in marriage to USC but the I-130 got denied for failure to appear for interview. Was not able to re-apply because we parted ways with then wife and got divorced. We had used a lawyer and have all the denial letters and A# issued to me at that time.

Fast forward to present...
Second marriage but to LPR/assylum who can apply for I-400 on 12/16/09 based on five years physical presence in the U.S.
We have lived together for 2.5 yrs and been married for five months.

I spoke to a lawyer who said we can file forms I-400,130,485 together at the same time even though she will probably become a citizen in three months or so after we file.

I have searched the forums but cant find a similar case.

Do we have to file the I-400 first, get approval then file the I-130/485?

Or is it correct that we can also include the I-130/485 ?

If so what is the qualifying section for the I-485 since she wont be a citizen at the time of filing?

Thanks.

Its not I400 its N400 if your spouse is planning to file for naturalization.

She needs to be a USC first before she can file AOS for you.

But she can file the I130 now but in which it'll take longer to approve coz shes still a LPR now.

It would be best if you'll file I130 and I485 together when your spouse becomes a USC.

[RSMuser]

Hi
I became a US Citizen just one month back and i would like to apply GC for my mom. which option is better

1) bring her here on visiting visa and then apply while she is here or
2) apply GC and bring her here after approval?

if she is in india, Finger prints and all will be taken in india? or do they take finger prints at the time of approval?

if i apply while she is here would it be better?

can we apply I-130, I-485 and I-131 all together at the same time?

[sv_raj]

when I became a US Citizen, I tried to do a phone upgrade for the I-130 filed on behalf of my wife when I was an LPR. I received this email from CRIS. I have already filed the I-485 with a copy of the I-130 approval notice. Does anyone have similar experience with upgrading I-130? Is a phone/fax upgrade really needed or can I assume that my I-130 will be automatically upgraded based on the comments in cover letter about this in the I-485 package?

Type of service requested:
-- Upgrade I-130


The status of this service request is:

The California Service Center (CSC) no longer has jurisdiction over this petition. This case was approved and notification was mailed to the address of record on April 10, 2009 and was not returned by the post office as undeliverable. This case has been forwarded to the National Visa Center. Please send any further correspondence to the following address: NVC, 32 Rochester Avenue, Portsmouth, NH 03801-2909. Direct any telephonic inquiries to (603) 334-0700. ...

[Ishwar]

I need help to file I-130 for my wife. Consular Immigrant Visa Processing
Background: I got GC 6years back and it is employment based GC.
I belong to India and got married in India to lady who had married in past and has two children of age 8 and 10. Her former husband died in accident and she was widow when I got married to her 10 months back and at the time of marriage I was GC holder. I did not file any petition for her or Kids as I was wafting for my US citizenship.
In May 2009 I got my US Citizenship.
My wife and my two step children are staying in India.

I want to file I-130 for my wife and the two children.

My questions:
I came to know that I need to file three I-130 petitions.
One I-130 for wife
One I-130 for child 1
One I-130 for child 2
Is that correct?
I have to send My G325 (4pages) with my wife I-130
My wife has to fill her G325 (4 pages) that will be sent with I-130 that is filed for her.

On the form G325A lower Left side it is written” this form is submitted in connection with an application for”
NATRALIZATION
STATUS AS PERMANENT RESIDENT
OTHER (Specify)
One has to tick mark and I will TICK “Other” and then write I-130
What my Wife should write or tick on her form G325A?

Do I also need to send my G325A and my wife G325A with Children (age 8and10) I-130 petition?

Any help will be highly appreciated.

[Nav102]

Here is a list of documents for U.S Citizen's parents sponsorship
IMMEDIATE RELATIVE (Parent) FAMILY BASED ADJUSTMENT OF STATUS (I-485) WITH A CONCURRENT I-130

Major contents:
Package 1:
I-130 and Supporting Documentation
Package 2:
I-485 and Supporting Documentation
I-765 EAD Work Authorization and Supporting Documentation (Optional)
I-131 Advance Parole and Supporting Documentation (Optional)

Package 1: I-130 and Supporting Documentation
I-130 Packet Concurrent Filing Documentation Table of Contents
(Mother)

- Check Payment in the amount of $ 355.00
- Completed Form I-130
- Copy of Birth Certificate (Petitioner)
- Copy of Marriage Certificate (Parents , required only for Father)
- Copy of U.S Naturalization Certificate


Package 2 : I-485 and Supporting Documentation
I-485 Packet Concurrent Filing Documentation Table of Contents
(Mother)

- Check Payment in the amount of $ 1010 ( I-485 Fees + Biometrics Fees)
- Completed I-485 form Application
- Completed G-325 A Form ( Used by the FBI for Background Check Purpose , needs to be accurate )
- 2 Photos
- Copy of intending immigrant’s passport Biographical Pages
- Copy of intending immigrant’s passport U.S Nonimmigrant Visa
- Copy of intending immigrant’s I-94 Card
- Copy of intending immigrant’s Birth Certificate
- I-693 Medical (Sealed) Envelope ( Needs to be completed by a USCIS Authorized Medical Doctor)
- Copy of intending immigrant’s Marriage Certificate
- Completed I-864 Affidavit of Support form Year 2008 Sponsor Federal Tax Return filing (Includes 1040 , Schedules , 1099 forms)
- Year 2008 W-2 Wage and Tax Statement
- Year 2007 W-2 Wage and Tax Statement
- Year 2006 W-2 Wage and Tax Statement
- Copy of Sponsor Employee or Cosigner Pay Statements ( 2 Months)
__________________

[tpsadvparle]

Please someone HELP!!!!

I need help with the following:....

Am an american citizen naturalized and my husband has a TPS status, he came to the us ilegally, however he applied for an Advance Parole to leave and re entered the country legally two years ago. His I-94 has expired but his TPS is current.

On form I-130, part C, question 14:"if your relative is currently in the US, complete the following: he or she arrived as a: (visitor, student, stowaway, without inspection, etc"....What do I need to answer here, since he entered ilegally the first time and legally the second time?

on form I485, part 1 "Current USCIS Status:"...What should go here?

On form I485, part 3, question 1 (c):"have you ever ... been arrested..."he has been arrested twice; one for public disorder and the other for DUI. First one, he spent two weeks in jail and then was released. Second one he was released after paying the fines; he also served community service, completed a DUI Program, et.

We went to the local police department to get his criminal record, but nothing shows on this record. we asked the person there, and she said that probably one doesn't show because it was a "first offense" and the other because they took "poor fingerprints" and was not recorded. What should we send as proof of these arrests? we have paper showing the DUI arrest, but nothing on the first arrest.

Can I, the wife, translate his birth certificate in Spanish to English and have a notary public sing with me? or does someone else need to translate it and notarize it?

Do we need to fill out form I485 Supplement A based on his status? Does this apply to him: You do not have to submit Supplement A to form I485 if you: are applying to adjust status as the spouse....of a US citizen....and you were inspected and lawfully admitted to the US other than in c-1 of s nonimmigrant status" (he was inspected the second time at the airport, but not the first time.)"

I would greatly appreciate it if someone can help me with this.

Thank you.

[JIMMI1]

Lawful Permanent Residence ("Green Card")

This section of the USCIS Website provides you with information and directions necessary to apply for lawful permanent residence (LPR), or "green cards". You will have the opportunity to access information regarding ways to get a "green card". A "green card" gives you official immigration status (Lawful Permanent Residency) in the United states. If you already are a permanent resident, you may want to read, "Now That You Are A Permanent Resident".

If you already know the specific path of immigration you wish to follow, visit one of the following:

* Immigration through a Family Member
* Immigration through Employment

If you are unsure which immigration path best fits your particular situation, see our general information section.

*
Immigration Classification and Visa Categories
*
How do I Become a Lawful Permanent Resident While in the United States?
*
Eligibility information: Who May Apply to Become a Lawful Permanent Resident While in the United States

Additional information related to lawful permanent residency that you might need to review are as follows:

* How Do I Renew My Permanent Resident Card (Green Card)?
* How Do I Replace My Permanent Resident Card (Green Card)?



for more details please Click Here



-------------------------


Jimmi.


.....

[kvs26]

I understand that we have to submit a copy of our concurrently filed I-130 in the I-485 package as "Evidence of Eligibility". Question is, should we include just a copy of I-130 form or the whole petition?

This is the wording from the I-485 instructions.

"Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative, special immigrant juvenile, or special immigrant military petition that, if approved, will make a visa number immediately available to you"

Thanks in advance

[studentwu]

Hi everyone,
I'm on the final steps of filling the immigration forms and I suddenly realized I don't know what to do about my last name. I'm from South America, where most people have 2 last names, one from the father (father's 1st last name) and one from the mother (mother's 1st last name). In all my documents from South America I have both last names and they even show like that in my marriage license (to a USC). Should I include both in all forms? I'm guessing yes, but just wanted to confirm. Thanks so much!

[nsvr]

All,
I am a USC trying to compile visa documents for my wife in India and minor step-child. I notice in this thread that few have filed I-485 concurrently. I have the follwoing questions?
1) Is it necessary to file I-485 concurrently or can I wait till I-130 is approved? Advantages/Disadvantages of filing concurrently
2) Should I file separate forms for my wife and minor(14 yrs) step-child? or a single I-130 form suffice?
3) What are the documents that I should include with I-130?
I-130 form and Check for $355
G-325A for self
G-325A for wife
Is G-325A required for minor child?
USC certificate and passport copies for Self
Photos for self and wife
Marriage certificate
Are birth certificates for self and wife required to be filed?
Any other affidavits and certificates?

Thanks

[trived3]

Hi All,
I'm in the process of becoming a USC. Currently awaiting for my interview letter.

I've two questions about applying permanent residency for my spouse who is on F-1 Status. OPT starts from October 2009 and will be valid till October 2010.

1. Can I apply I-130 & G-325A for my spose before I become USC to speed up the
process.
Is the USCIS process time the same if i apply I-130 with my green card status
or is it faster if i apply with citizenship status.

2. If I can apply now, do i've to send any additional information for this I-130
application (like an amendment or something) once I become USC

I understand that I-485, I-693, I-864, I-131, & I-765 can all be applied together and the process time is much faster once I become USC since we dont have to wait for a VISA number.

Also, how about I-693 medical exam. My wife took all the immunization shots and done her TB testing (X-Ray taken) on arrival to the US on F-1 status in Oct 2006. Does this hold good or do we have to get it done again.

Please advice. Really appreciate it.
Best Regards

[mat333]

Hi All,

I am applying to AOS through marraige to US Citizen. I have a small question on Current status field in I-485. I am not sure what to enter for my scenario.

Scenario:
Entered US through F1, applied to H1B got the approval but INS asked to re enter since i went out of status by the time of H1 approval and Finish date of OPT. I never left the country but started working with the same H1 until now which is 4 Yrs. Consulted lawyer they said i am not Out of status because on my I-94 it said F1 D/S (Duration of Stay). Now i am not sure what to enter in this field.

Please suggest any Opinions and thanks for your help.

[andleebm]

Its not I400 its N400 if your spouse is planning to file for naturalization.
nt th
She needs to be a USC first before she can file AOS for you.

But she can file the I130 now but in which it'll take longer to approve coz shes still a LPR now.

It would be best if you'll file I130 and I485 together when your spouse becomes a USC.

hello iamthegreatest,
i read ur post.i am new to this forum.i have applied for green card for my husband as i am a US citizen.we received an RFE and we sent the reply 3 weeks back.we havent heard anything from USCIS since then.u said you received few things via email.what do u mean by that,u got mail in ur inbox because for us we r not getting anything via email.we just get regular postoffice mail.i just wanted to know what do u do so that ur status gets updated and u get information via email.pls reply.thanks