Applying for spouse with I-485 and 245I

wayne57 said:
Another quick question. Is it important to submit an I-765 form? My wife is currently working from home babysitting. She isn't going to look for work anywhere else. Do we still need to submit this? We have been paying taxes on her earnings. Thanks!
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The I-765 is included in the price, file it. It is also useful as a government issued ID.
 
Ok, thanks guys. We might as well file the I-765 since it doesn't cost anything extra.

With regards to the question #22, we aren't going to move, and we live about 5 minutes from the state line. My question is do I put the city where we're living (and will be living), the city in our state where the USCIS office is, or a closer city with a USCIS office that is in another state?
 
wayne57 said:
Ok, thanks guys. We might as well file the I-765 since it doesn't cost anything extra.

With regards to the question #22, we aren't going to move, and we live about 5 minutes from the state line. My question is do I put the city where we're living (and will be living), the city in our state where the USCIS office is, or a closer city with a USCIS office that is in another state?
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Go to www.uscis.gov and use the office locator function, put in your zip code. USCIS Office jurisdiction can and do cross state lines (they are a federal agency).
 
YOUR WIFE DOES NOT NEED TO FILE PROOF OF PRESENCE IN USA BETWEEN THE YEARS 1998 - 2000. Unauthorized employment is forgiven, a benefit of 245i. Don't worry, your case is plain and simple. Apply for I-765 (Work Permit) but DO NOT apply for the advance parole even though the fee is included with the filing fee. Even with advance parole, if she leaves the country before she gets her GC, she will be banned for 10 years.
All the best!
 
Thanks for all the help guys. We're getting everything together and should be ready to mail it in about another week. I couldn't do it without the help here!
 
Do most people typically write a separate cover letter for each form in the package, or just one cover letter at the start the covers everything? Also, is there any other writing or stating your case that is usually done? Since my case appears to be fairly straight forward, none of that should be necessary?
 
Another quick question. My wife entered the country illegally, without inspection. She didn't sneak across the border though, she used someone else's US Passport and just pretended to be them. My question is, does that matter? Will they at any point in the process ask her how she got into the country, and if they do, what should we say? They will obviously know she came in illegally, I just didn't know if the method made a difference. Thanks! This forum has been a great help to us so far!
 
Another quick question! I'm reviewing my I-130 and G-325A form and for my wife's birthplace I have put Tegucigalpa, Honduras (that's where she was born). However, on her birth certificate it says "Municipaltiy: Distrito Central, Departamento: Francisco Morazon" it never says "Tegucigalpa" anywhere. The Distrito Central just refers to that part of the city, and Francisco Morazon is the state that the city is in. I'm assuming it wouldn't be any problem to leave her birth city as Tegucigalpa. Right?

Thanks
 
wayne57 said:
My wife entered the country illegally, without inspection. She didn't sneak across the border though, she used someone else's US Passport and just pretended to be them. My question is, does that matter?
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She committed fraud for an immigration benefit. That makes her ineligible to adjust status or re-enter the US, ever.
 
wayne57 said:
Do most people typically write a separate cover letter for each form in the package, or just one cover letter at the start the covers everything? Also, is there any other writing or stating your case that is usually done? Since my case appears to be fairly straight forward, none of that should be necessary?
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Forget the cover letter, USCIS would care less about a petitioner explanation their case, USCIS has to verify the eligibility requirements. Save some paper and time.
 
Okay, I see your point about the cover letters. I'm sure they don't even read them anymore. When I'm filling out the I-485, do I need to include a page explaining why my wife was arrested or is including the disposition sufficient? It does say something about including an explanation page if you answer yes to anything.
 
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We had our AoS interview today, and it didn't go so well. The officer told us that she had a problem with the basis of our application. We applied under the protection of 245i. She said that because my wife (a derivative beneficiary) entered the country in 2004 she was not elligible. She said that she had to be in the country for the cutoff in Dec. 2000. I told her, and showed her documentation stating that a derivative beneficiary is not required to show evidence of physical presence. Our officer seemed surprised by that and asked to make copies of the memorandums. She then returned and said she spoke with a colleague. She said that even though my wife didn't have to provide evidence, she still had to be in the country. She said she would research it later when she had time. Then she told us she was sorry and that she couldn't approve us, wait for something in the mail.

Does anyone know if you actually had to be present at the cutoff? And if so, can you please post that section of the law. My wife and I are quite concerned.

Thanks!
 
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Could you tell me what happened next?
got approved? or denied?

I'm in the same boat like your wife now
 
We got approved without any real problems or delays. Our immigration officer said that she would have to review the law to see if it applied to us. We were scared for a day or two. When you go in for your interview, I would recommend bringing a copy of the law that shows it applies specifically to you. PM me if you have any specific questions.
 
I had an interview at the same as your wife's. I wasnt prepared and did not bring any supporting documents. Later got a denial letter. now I hire a lawyer from law firm he says he can appeal this denial decision basis of a derivative child. He filed mtr today.
I was gonna recommend you law firm I got help from, thinking that your wife case would be denied as well... anyway it is so great to hear that your wife got approved!!!.
Congratulation.
 
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