Getting GC for a wife of USC

[qim]

Hi, I'm new to this forum but have been for quite a while on "Citizenship".

Earlier this month I've got naturalized, and now need to start a process to get GC for my wife who is currently F1 student in good standing.

The problem seems to be that not only my wife really needs to go to her home country as soon as she can do it safely (but actually sooner better) but she also should stay there for no less that 3 to 4 months. (We know that if she simply goes there as F1 student, she will not be issued F1 visa again to re-enter).

It appears that this sitiation overall creates some timing issues that would probably require very careful consideration and implementation.

After some reading and thinking, we concluded that we probably should pursue getting GC from here (rather than use Consular Processing in my wife's home country) and use the Advanced Parole for my wife to come back.

It is our understanding that we should submit 7 forms simultaneously:

I-130, I-485, G-325A (for both), I-693, I-765, I-864, and I-131 (For AP),

and all this stuff should be mailed to Chicago.

We would really appreciate any help and insight from members of this forum.

One rather general question I have is: in our situation, did we make right decision? Is there anything we are missing?

Then more specific question: all forms go to Chicago, but we are here in San Francisco, so based on what District Office or Service Center do we evaluate processing times?

And also: when it is safe for my wife to drop out of her school? Once we mail all forms? Once we get return receipt or delivery confirmation? Once we get any (or all - for each form) confirmation from USICS? Etc.

Thanks a lot for your help.

[ari4u]

Originally Posted by qim

Hi, I'm new to this forum but have been for quite a while on "Citizenship".

Earlier this month I've got naturalized, and now need to start a process to get GC for my wife who is currently F1 student in good standing.

The problem seems to be that not only my wife really needs to go to her home country as soon as she can do it safely (but actually sooner better) but she also should stay there for no less that 3 to 4 months. (We know that if she simply goes there as F1 student, she will not be issued F1 visa again to re-enter).

It appears that this sitiation overall creates some timing issues that would probably require very careful consideration and implementation.

After some reading and thinking, we concluded that we probably should pursue getting GC from here (rather than use Consular Processing in my wife's home country) and use the Advanced Parole for my wife to come back.

That may work out. But the problem is she needs to be here for her FP/Bio appts and the interview too. SFO DO is pretty fast and applicants usually get an interview call between 3-6 months from the time of filing and if she can't make it here, her GC application would be considered abandoned. CP is not a bad alternative for her in this case.

It is our understanding that we should submit 7 forms simultaneously:

I-130, I-485, G-325A (for both), I-693, I-765, I-864, and I-131 (For AP),

3 sets of G-325A go with the complete package: 2 with the I-130 and 1 with the I-485

and all this stuff should be mailed to Chicago.

Thats correct.

We would really appreciate any help and insight from members of this forum.

One rather general question I have is: in our situation, did we make right decision? Is there anything we are missing?

Each case is really unique and you know the situation better. So its your call . Whatever i told you is nothing but my opinion and you should make a decision based on what will work out for you.

Then more specific question: all forms go to Chicago, but we are here in San Francisco, so based on what District Office or Service Center do we evaluate processing times?

For the I-130, you should look at the Cali Service center
For the I-485, you should look at the SFO DO
For the I-765 and I-131, look at NBC timeline

And also: when it is safe for my wife to drop out of her school? Once we mail all forms? Once we get return receipt or delivery confirmation? Once we get any (or all - for each form) confirmation from USICS? Etc.

Thanks a lot for your help.

Your wife will be in a valid legal status when the A# for I-485 is generated. This means you have to wait till you get the I-485 receipt notice. At this point, the F-1 is no longer valid as she demonstrated intentions of immigration.

[qim]

ari4u, thank you very much for your thorough and detailed answers.

[qim]

I now have several more specific questions about certain fields on some of these forms:

(1) On I-130, C14 asks about my wife's last arrival in the US and her I-94 info. The problem is there is more that one I-94. My wife arrived as "visitor" and her 1st (original) I-94 shows 10/25/2001 as expiration date. Since that, her status was first extended and then changed to F1. She thus has not only original I-94 but also two more of them (received by mail from USCIS), with the last (3rd) I-94 showing D/S (Duration of Status) as expiration date. I think I still should say that she arrived as "visitor", but when it comes to the "Date authorized stay expired, or will expire, as shown on Form I-94", it appears that I should put D/S. Is this correct? Should I attached copies of the 1st and 3rd I-94s to I-130? (I-94 copy isn't required for I-130, but is required for some other forms filled by my wife. And then again, we have three I-94s. Which to attach? 1st? Last? Both?)

(2) On a form G-325A, first line has a field "File Number", and last line - the field "Alien Registration Number". As a naturalized USC, I did have A number, but I'm not alien anymore, so I think I should leave these fields blank. Yet, the the form makes clear and direct demand: "APPLICANT: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below". So what a naturalized UCS to do?

(3) Throughout many forms, my wife's name should be endlessly written in the form (Family name), (First), (Middle). The question is: what is Middle? I think it can be just middle initial but my wife read somewhere that it has to be full middle name. Who is correct? (If possible, I would prefer to deal with shorter names to try to avoid a possible future name check nightmare with which we are familiar very well).

Thanks a lot

[running_swede]

1. "Visitor" seems given. Regarding which I-94 to include, I do not know, but I would probably include copies of all and write D/S on the form.

2. You should not leave any fields blank. Answer "N/A" or "none" where appropriate. For example, if your wife does not have an A number, write "none" on her forms. For a USC by birth, "N/A" is the correct answer. In your case, I would guess "N/A" should be fine since your A number should be irrelevant to your petition. Don't know for sure though.

3. You should definitely use the complete middle name. It should, at least in theory, result in fewer matches in the name check. Of course, nothing about the name check seems predictable in reality, but you should still use the complete name rather than the initial.

[qim]

Thank you running_swede.

On another forum, a lawyer said that naturalized USC should in fact enter A number. I also found that on this forum, there have been many discissions on this, with vastly different opinions... This seems to be one of many "grey areas" where USCIS doesn't define things precisely (and thus doesn't, in partucular, write good enough instructions for application forms)... These under-definitions surely cause a lot of headacke and lost time...

[qim]

Yesterday, I mailed the I-130/485/864/131 package to Chicago.

I found introductory part of the "AOS Interview Timeline" (http://www.immigrationportal.com/sho...d.php?t=188386) to be rather helpful (ari4u, thank you for putting all that together). In particular, availability of cover letter samples definitely saves time and effort (actually, I've made certain addition: indicated (number of pages) for every item listed in each cover letter).

I think I will post my timeline once I hear from USCIS.

[qim]

Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my wife last name (while two other NOAs not). Nothing was misspelled on I-485 application - I checked our copy.

On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, applicant's last name is incorrect (twice). Unfortunately, USCIS failed to say how exactly they should be notified immediately.

So, what is the best way to correct this? Infopass? Or, any good phone/fax numbers or email?

Thank you.

[sgsnathan]

qim, you should definitely call them up and ask them to correct the spelling mistake on your wife's last name. After that, if you didn't get a NOA from them saying that the name was corrected within a month, call them again. I had the name wrong on my EAD NOA. I called them twice to get it corrected, but finally got the EAD with the last name spelt wrongl anyway. I didn't bother to get it corrected after that since my employer didn't care and I didn't want to send the EAD card back as I would have had to if I wanted to correct the name on it. In your case, it is on the I-485, which is what results in the GC at the end. So you might want to make sure that you get it corrected. Call them, write to them, do whatever you can do to get it fixed. If they still haven't fixed it by the time you go for the interview, you could always make sure to stress that matter to the interviewing officer.

[qim]

Thank you sgsnathan.

Based on what you said, calling USCIS Customer Service wouldn't be of much help, would it?

Does anybody know any fax number or email address to use in such cases? Should we try InfoPass?

Thanks.

[sgsnathan]

Qim, that was my point. Calling the USCIS customer service number may or may not help, and you never know. But that is what you are supposed to do. So go ahead and do it anyway. On top of that, it would be good to try to send a letter to them explaining the same. If it is not corrected by the time you go to the interview, just make sure you get the officer to take a note of that.

[cateach]

Qim - you received your NOA very quickly

We just filed all forms (1-485, I693, I-864, I-130, I-765, I-131) to chicago via UPS June 12,06. the I hope we receive our NOA as quickly as you have.
Good luck with getting your name corrected on NOA.

[qim]

My wife called USCIS Customer Service (800-375-5283) today and, after 25 min wait, spoke with their represenative. Despite my wife gave case # and A #, rep. asked a lot of questions (so it felt somewhat like filing new application), then provided my wife with very long (16 characters) confirmation number, and said that she will receive confirmation notice by mail within 30 days. USCIS rep. added that everything will be explained in that notice and that no new NOA will be issued.

This actually brings some more questions, such as:

Will this delay I-485 processing?

Would it be better to go to InfoPass appt. rather than call?

Is it right thing that corrected I-485 NOA will not be issued?

Thanks.

[sgsnathan]

It means you will get an NOA that says that the name has been corrected. (I had to change my address and I got one for that too.) As far as I know it should not delay any of the processing. You are only correcting the file, not holding it up by not furnishing some documents they wanted - as is the case when you get an RFE. Setting up an Infopass appointment may not have any advantage over calling in this case as your case is still with NBC and I wouldn't think the DO can do anything more than what one of the customer reps on the phone can. (Though it might help to go set up an infopass appointment later to find out about your status for some reason as they have more information on your case than the customer reps.)

You won't get a new I-485 NOA, but an NOA that says that the name on the I-485 was corrected. If you don't get it within a month after calling them, call them again and give them the confirmation number they gave you now.

[qim]

Thank you sgsnathan.

My wife now received FP notice that shows same misspelled last name. Clearly, the error was not corrected (yet?) in USCIS computers.

Should we still wait until 7/14 (30 days after 6/14 when my wife called USCIS) or raise the issue during FP appointment (6/28)?

Any opinions?

Thank you.

[running_swede]

Check the Notice Date on the FP notice. It could have been issued before you called to correct the spelling.

[qim]

Originally Posted by running_swede

Check the Notice Date on the FP notice. It could have been issued before you called to correct the spelling.

FP notice dated 6/16 and was issued after my wife called to correct the spelling of her last name (6/14).

[sgsnathan]

Qim, they take a while to correct the name on your application, if they ever do. At least, that was my experience. Like you are saying, I tried to get it fixed when I went for my FP appointment. They did in fact correct my last name in the system while I was there. But I still got my EAD with the last name misspelt (It was my EAD receipt that had my last name misspelt). You probably want to do everything possible. Talk to the people at the FP appointment place (normally, it is outsourced, so these people don't directly work for USCIS, so they are nicer too :-D), follow up with USCIS after 30 days if you still haven't gotten a notice from them saying that your name was corrected, and also remember to mention this to the IO who interviews you. All the best!

[ashpine]

Hi

I have similar questions as qim. I am on F1 and married to U.S citizen. I am filling the forms mentioned in this site and as mentioned on the website of immigation namely I-130, I-131, I-485,I-693, I-765, I-864, G-325A. However I had a few questions :

1. What is A# mentioned on I-485 application. On this form there is no mention of F1 status holders. Just a mention that if spouse is residing in U.S then they need to fill this form and there is a mention of k1 etc.. So i assume F1 status people have to fill this form even if it is not mentioned correct?

2. It is mentioned that medical test is required. What are the tests required and what is the cost?

Thanks

[running_swede]

1. You do not have an A# yet. You should write "none" for you and "N/A" for your USC spouse where they ask for it. You will get an A# once you file form I-485. I do not understand your question about the form not mentioning F1 status holders. I-485 is the form to fill. I do not know what else to say. You are asked to provide your current status on the form.

2. Read the instructions for form I-693 to learn more about the medical tests. There are several threads here about the medical exam as well. Search the forum for more answers. Most worth saying has been said already. The cost varies. I paid $241, which included MMR and Td shots. It is worth calling a few civil surgeons to get the best price.

[Zara1]

HI,
I am new to this forum and very excited!
I am neutralized American citizen and I got married to my husband who is still in home country. I want to start on the petition process, but I do not know what are the forms that I need to file? A friend recommended that I should file a G-325A form. I downloaded the 4 pages form, so should I submit all 4 pages? Does my husband (still in home country) need to file the G-325A 4 page form? And to whom should he submit the form to? Are there additional forms that I need to file? Should I hire an immigration attorney?
Please reply soon!!
Thanks in advance

[running_swede]

Originally Posted by Zara1

HI,
I am neutralized American citizen...

I am glad to hear that you have been neutralized so that you no longer pose a threat to society.

Anyway, the key forms are I-130 and I-485. G-325A is only supporting evidence for those forms, but yes you need to fill out all four pages. You need one for you and one for your spouse to accompany form I-130 and then another copy for your spouse to go with form I-485. If you use the fillable PDF form, then you only have to fill out the front page and the other pages will be filled out automatically.

Read the instructions for form I-485 to get started. It will tell you what other forms to include as well (I-693 for medical exam, for example).

[Zara1]

Thank you very much for the prompt reply. Now, I feel a lot better about the scary process. I have few additional questions and I hope you will not mind replying. Should I file I-130, Petition for Alien Relative, or I-129F petition and receive K-4 visas. Please help!
Thank you
Zara

[ari4u]

Originally Posted by Zara1

HI,
I am new to this forum and very excited!
I am neutralized American citizen and I got married to my husband who is still in home country. I want to start on the petition process, but I do not know what are the forms that I need to file? A friend recommended that I should file a G-325A form. I downloaded the 4 pages form, so should I submit all 4 pages? Does my husband (still in home country) need to file the G-325A 4 page form? And to whom should he submit the form to? Are there additional forms that I need to file? Should I hire an immigration attorney?
Please reply soon!!
Thanks in advance

hahahah... neutralized... ROFL. My wife had to kick me hard to make me stop laughing. I know you meant naturalized, but i cracked up. ... Ok. serious face. Zara, you can opt to go for the Consular processing route or the K visa for your husband.

http://www.uscis.gov/graphics/servic...ncy/family.htm

Information on K visa here
http://www.uscis.gov/graphics/howdoi/hdiknonimm.htm

Also, you CANNOT file I-485 if your husband is not in the US.

[ashpine]

Thank you for replying so promptly. I will go through the website for the medical exam. Basically I was confused about the 1-485 form but I gathered that this form has to be filled by everyone. So I guess that is answered. I am in the process of filling up all the forms and if I am in doubts will post you some more questions.

Thank you again

[Zara1]

Thank you for your very kind reply and correction. I have additional question, I know that my husband and I have to file the 4pages G-325A forms. On the G325A form there is a question that have the following options:
“This form is submitted in connection with application for”:
Naturalization
Status as permanent resident
Other(specify) :
I know that my husband will check off the box for Status as permanent resident, but I am not sure what option should I check off. I think I should choose the “Other” option and write, “Petition for Alien Relative” please reply soon. ( I took off a day from work to complete the forms) Please reply soon.

[running_swede]

Zara1, you should check "other" and write "I-485 for spouse" next to it.

[Zara1]

Thanks for prompt reply!! I am using I-130 b/c my spouse is in home country, therefore I think I should use I-130 instead of I-485.
Thanks

[running_swede]

Sorry, my bad. You are not filing I-485. Yes, write "I-130 for spouse."

[Zara1]

Thanks a lot running_swede for all of the help!!!!!!!!!!!!