As US citizen, I am filing for my ex/current wife's GC.

[GreenCardNotYet]

I got a citisenship two minths ago and I "just" got remarried with my exwife and am filing for her GC.
My wife overstayed (her i-94 expired 2 years ago).
We have our own 19 years old son (US citizen) who's a highschool student living with us for 2 years now.

I have tried my best to prepare the forms myself.

I have 4 questions:

First, I want to make sure the following 5 documents should be filed "first," and anything else:

1. Petition for Alien Relative (USCIS Form I-130)
2. Application to Register Permanent Residence (USCIS Form I-485)
3. Affidavit of Support (USCIS Form I-864)
4. Permission for Work Authorization (Optional) (USCIS Form I-765)
5. The appropriate supporting documents (divorce decree and marriage licence, tax returns, anything else?)

Second, I wonder if the following two documents "can" be files later as requested.

6. Medical Examination Results (USCIS Form I-693)
7. Request for Travel Documents (Optional) (USCIS Form I-131)

Third, I wonder if I have to send the checks for the USCIS filing fees along with the first 5 documents.

Fourth, Biographic Information (USCIS Form G-325A) is needed at the first filing? My wife's father passed away and has no record of DOB/ID #/Family Origin from the document notarized abroad. Do I still put it on the form or just state as "deceased."

I forgot I had one more question: My wife's first name has two words on her passport but on the notarized documents, it is put together as one word.
What should I use, a two-words first name, or one-word first name?

Thanks for your prompt reply.

Chris

 

[ananga73]

Gentleman,

My advice to you is to get an attorney. There are two reasons why I give this advice although I filed my petition without an attorney. One is you have clearly not grasped the basic requirements for even a "clean" green card application and two your case is as suspicious as it gets!! Your money will be well spent getting a competent attorney and some tissue paper because USCIS is going to try to literally sodomize you and your wife ex/wife. I am not saying this lightly.

Additionally what are you even filing I-131 for? You wife/ex-wife is out of status and if she dares leave the country before being given the green card, she will be barred from entering for the next years.

Good luck!

I got a citisenship two minths ago and I "just" got remarried with my exwife and am filing for her GC.
My wife overstayed (her i-94 expired 2 years ago).
We have our own 19 years old son (US citizen) who's a highschool student living with us for 2 years now.

I have tried my best to prepare the forms myself.

I have 4 questions:

First, I want to make sure the following 5 documents should be filed "first," and anything else:

1. Petition for Alien Relative (USCIS Form I-130)
2. Application to Register Permanent Residence (USCIS Form I-485)
3. Affidavit of Support (USCIS Form I-864)
4. Permission for Work Authorization (Optional) (USCIS Form I-765)
5. The appropriate supporting documents (divorce decree and marriage licence, tax returns, anything else?)

Second, I wonder if the following two documents "can" be files later as requested.

6. Medical Examination Results (USCIS Form I-693)
7. Request for Travel Documents (Optional) (USCIS Form I-131)

Third, I wonder if I have to send the checks for the USCIS filing fees along with the first 5 documents.

Fourth, Biographic Information (USCIS Form G-325A) is needed at the first filing? My wife's father passed away and has no record of DOB/ID #/Family Origin from the document notarized abroad. Do I still put it on the form or just state as "deceased."

I forgot I had one more question: My wife's first name has two words on her passport but on the notarized documents, it is put together as one word.
What should I use, a two-words first name, or one-word first name?

Thanks for your prompt reply.

Chris

 

[Jackolantern]

The I-693 results (in its sealed envelope) needs to be submitted with the I-485.

Don't apply for the I-131, as it will be useless even if approved, due to her overstay.

I forgot I had one more question: My wife's first name has two words on her passport but on the notarized documents, it is put together as one word.
What should I use, a two-words first name, or one-word first name?

Use her official legal first name, which would be the name on her birth certificate.

I hope you didn't obtain your green card through marriage, as that would create serious problems for sponsoring somebody you were previously married to.

 

[GreenCardNotYet]

Gentleman,

My advice to you is to get an attorney. There are two reasons why I give this advice although I filed my petition without an attorney. One is you have clearly not grasped the basic requirements for even a "clean" green card application and two your case is as suspicious as it gets!! Your money will be well spent getting a competent attorney and some tissue paper because USCIS is going to try to literally sodomize you and your wife ex/wife. I am not saying this lightly.

Additionally what are you even filing I-131 for? You wife/ex-wife is out of status and if she dares leave the country before being given the green card, she will be barred from entering for the next years.

Good luck!

Thanks for your advice but the word you are using (like sodomize) is not very appropriate. I feel offended.
You wouldn't want to put the word "sodomize" on your wife, would you?

Obviously you need some detailed information about the relationship between my wife and me.
Please, check the brief bio I added in the below post.

I won't file for I-131. It's not that she wants to travel. I just wondered if it is one of the required documents.

Please, give me the answers to other questions.

Thanks.

 

[Jackolantern]

Thanks for your advice.

I won't file for I-131. It's not that she wants to travel. I just wondered if it is one of the required documents.

I-131 is not required for applicants who aren't going to travel during the green card process. I-765 is not required* for applicants who aren't going to work during the process.


*it's not required by USCIS, but other agencies such as the DMV may require it in some cases

 

[BigJoe5]

I got a citisenship two minths ago and I "just" got remarried with my exwife and am filing for her GC.
My wife overstayed (her i-94 expired 2 years ago).
We have our own 19 years old son (US citizen) who's a highschool student living with us for 2 years now.

I have tried my best to prepare the forms myself.

I have 4 questions:

First, I want to make sure the following 5 documents should be filed "first," and anything else:

1. Petition for Alien Relative (USCIS Form I-130)
2. Application to Register Permanent Residence (USCIS Form I-485)
3. Affidavit of Support (USCIS Form I-864)
4. Permission for Work Authorization (Optional) (USCIS Form I-765)
5. The appropriate supporting documents (divorce decree and marriage licence, tax returns, anything else?)

Second, I wonder if the following two documents "can" be files later as requested.

6. Medical Examination Results (USCIS Form I-693)
7. Request for Travel Documents (Optional) (USCIS Form I-131)

Third, I wonder if I have to send the checks for the USCIS filing fees along with the first 5 documents.

Fourth, Biographic Information (USCIS Form G-325A) is needed at the first filing? My wife's father passed away and has no record of DOB/ID #/Family Origin from the document notarized abroad. Do I still put it on the form or just state as "deceased."

I forgot I had one more question: My wife's first name has two words on her passport but on the notarized documents, it is put together as one word.
What should I use, a two-words first name, or one-word first name?

Thanks for your prompt reply.

Chris

Others alluded to it and you avoided it BUT it is important to fess up in this anonymous forum.

Did YOU get status via marriage?

 

[GreenCardNotYet]

Others alluded to it and you avoided it BUT it is important to fess up in this anonymous forum.

Did YOU get status via marriage?

Others alluded to "it?" What was it, it?

And I avoided "it?" What did I avoid"?

No, I got my GC and Citizenship through work.


Do you have any answers to my original questions?

 

[GreenCardNotYet]

I-131 is not required for applicants who aren't going to travel during the green card process. I-765 is not required* for applicants who aren't going to work during the process.


*it's not required by USCIS, but other agencies such as the DMV may require it in some cases

In my case or in a normal case, is I-765 normally filed along with other forms (i-130, i-485, i-864)?

Do you have any suggestions/answers on my other questions (does my wife have to file immunization form along with the above forms?)

Thanks.

 

[ananga73]

Based on the answers you provided, I don't think you need an attorney since you did not get your green card through marriage. File the I-765 together with the whole package although you can file it later, its easier this way. Also get the immunizations and everything and file them as a whole package. Some people have been allowed to bring the filled immunization forms to the interview while others were issued RFE for not filing the immunization forms with the package.

Yes you need to send the checks with the package. Preferably pay the filing fee for each form with a different check.

Yes biometric info is needed for the package because what you're doing is called a concurrent filing.

Make copies of everything and make sure you add a copy of the I-130 attached to both the I-765 and I-485 even though they are all in one package. Also I recommend you read this forum and the sticky thread on self filing a green card through marriage.

Good luck, you should be fine.

In my case or in a normal case, is I-765 normally filed along with other forms (i-130, i-485, i-864)?

Do you have any suggestions/answers on my other questions (does my wife have to file immunization form along with the above forms?)

Thanks.

 

[GreenCardNotYet]

My brief bio

To make things clear, I want to put brief bio of mine:

My wife and I came to the US in 1992 as a F-1 student-my wife F-2.
We got our son in 1993
My son and my wife left the US in 1994
I went abroad and divorced her in 1995.
My wife had been raising my US citizen son alone for "the next 15 years abroad" till we got back together 2 years ago.

I graduated in 1999 and I got my GC in 2004 through work.

My wife originally asked for help to raise my son in the US but in the end (2010) we ended up "living together" here in the US.
Since 2 years ago, we have been together, my son, my wife and me in the same house.
My son is still in high school.

I got my citizenship two months ago.
We got "officially married" last week.

Maybe the above bio of mine will help you guys help me.

Thanks.

 

[GreenCardNotYet]

Based on the answers you provided, I don't think you need an attorney since you did not get your green card through marriage. File the I-765 together with the whole package although you can file it later, its easier this way. Also get the immunizations and everything and file them as a whole package. Some people have been allowed to bring the filled immunization forms to the interview while others were issued RFE for not filing the immunization forms with the package.

Yes you need to send the checks with the package. Preferably pay the filing fee for each form with a different check.

Yes biometric info is needed for the package because what you're doing is called a concurrent filing.

Make copies of everything and make sure you add a copy of the I-130 attached to both the I-765 and I-485 even though they are all in one package. Also I recommend you read this forum and the sticky thread on self filing a green card through marriage.

Good luck, you should be fine.

Thank you for your advice.
It is much help.

 

[BigJoe5]

Others alluded to "it?" What was it, it?

And I avoided "it?" What did I avoid"?

No, I got my GC and Citizenship through work.


Do you have any answers to my original questions?

"It" was the obvious "elephant in the room" that was not being discussed. You did add info explaining that you obtained your status via an employment based path.

Now as to the next obvious thing which USCIS will look at is: Are you merely "helping her for the sake of your mutual child?" They will still examine the bona fides of this second marriage and you should prepare for it. To blindly ignore the obvious may leave you unprepared and exposed and ultimately in a defensive posture.

As for your original questions, the BIA just issued a new Precedent on this topic: Matter of Arrabelly and Yerrabally, 25 I&N Dec. 771 (BIA 2012)
Decided April 17, 2012, which held:

"An alien who leaves the United States temporarily pursuant to a grant of advance parole
does not thereby make a “departure . . . from the United States” within the meaning
of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C.
§ 1182(a)(9)(B)(i)(II) (2006). Matter of Lemus, 24 I&N Dec. 373 (BIA 2007), clarified."
​

USCIS may react swiftly to this. That reaction could be to either turn a blind eye to the issue of "unlawful presence" or start denying all I-131s for advance parole for all "out of status" I-485 applicants.

 

[GreenCardNotYet]

"It" was the obvious "elephant in the room" that was not being discussed. You did add info explaining that you obtained your status via an employment based path.

Now as to the next obvious thing which USCIS will look at is: Are you merely "helping her for the sake of your mutual child?" They will still examine the bona fides of this second marriage and you should prepare for it. To blindly ignore the obvious may leave you unprepared and exposed and ultimately in a defensive posture.

As for your original questions, the BIA just issued a new Precedent on this topic: Matter of Arrabelly and Yerrabally, 25 I&N Dec. 771 (BIA 2012)
Decided April 17, 2012, which held:

"An alien who leaves the United States temporarily pursuant to a grant of advance parole
does not thereby make a “departure . . . from the United States” within the meaning
of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C.
§ 1182(a)(9)(B)(i)(II) (2006). Matter of Lemus, 24 I&N Dec. 373 (BIA 2007), clarified."
​

USCIS may react swiftly to this. That reaction could be to either turn a blind eye to the issue of "unlawful presence" or start denying all I-131s for advance parole for all "out of status" I-485 applicants.

Thanks for reminding me of your additional info and opinion.

Now may I ask you "again" what are the answers to my original questions?

Thanks.

 

[HH401]

Answers to your 5 questions

I got a citisenship two minths ago and I "just" got remarried with my exwife and am filing for her GC.
My wife overstayed (her i-94 expired 2 years ago).
We have our own 19 years old son (US citizen) who's a highschool student living with us for 2 years now.


Chris

Hi Chris,

Here are the answers to your 5 questions:

1) I want to make sure the following 5 documents should be filed "first,"
Ans: You are correct. These are the 5 documents you should file first.

2) I wonder if the following two documents [I-693 & I-131] "can" be files later as requested.
Ans: Again, yes they can be. But it's best to file I-693 along with your first five (it's a requirement for I-485 anyway) because your application isn't really gonna move without the Medical Report. It doesn't take long to get it done, so why not send it together with the first five?
More learned members of this forum have given the opinion that you shouldn't apply for I-131 (Advance Parole). I agree with them. Forget about I-131: your wife shouldn't plan to travel until after she gets her GC.

3) if I have to send the checks for the USCIS filing fees along with the first 5 documents
Ans: Yes. Your application isn't going anywhere without the checks! Money makes the world go round, my friend!

4) Form G-325A is needed with first 5 docs? Beneficiary's father's record of DOB/ID missing.
Ans: Yes, G-325A must go with your I-130, I think, so it should go with your first set of papers. Father's DOB/ID # etc: if a piece of information, for example, wife's father's DOB is missing, "Deceased" is not the correct response. If you don't have the information required in one of the fields, attach a sheet to your G-325A, put the field number (say, question number 8A) and explain why this information is missing.

5) Two word name dilemma
Ans: This one is a bit complicated. Say your wife's name on passport is "Katelin Smith" but on the supporting notarized documents, it says "Kate Lin Smith". They could be the names of two completely different people on paper. You will have to either see if you can get her notarized supporting documents corrected or explain in your application (with a letter) why or how this discrepancy arose. You mentioned your wife was on F2 status before: she must have "Katelin Smith" on her old visa? So try to keep the name Katelin and be consistent on all USCIS papers; at the same time explain why it's different on notarized documents. {The solution I give here is just my opinion - I don't know if it will work or not. I'm trying to apply my common sense - your immigration officer might have an uncommon opinion}.


Having said that...
The answers to your ques 1 - 3 should be evident to you from reading all the form instructions. Are you just trying to confirm with us? This is probably why most of our members didn't directly answer. The answers to these questions should be evident to you either from the form instructions or from other posts in this forum.

Ques 4 & 5 and your further explanation that you remarried your ex after several years shows that your case isn't straightforward. You must show (with supporting documents) how/why you got divorced. You should show evidence of staying in touch as your son grew up (you perhaps supported her financially?). You should show what evidence she used to obtain her last visa to USA and confirm that she didn't enter USA under false pretenses (eg. intention to stay and go out of status). And you should show that in the last two years, while you were living together, you actually lived like a couple (joint bank accounts / lease agreements / family photos / perhaps you took a vacation together?). Understand that you becoming a USC just two months ago, marrying your ex and almost immediately filing for her GC do raise a few flags. Just remember it's down to YOU to show that you are genuinely married out of love, not out of convenience or marital privilege (eg. immigration privilege). They will assume the worst.

Hope this helps. Good luck with your application!

 

[Jackolantern]

Fourth, Biographic Information (USCIS Form G-325A) is needed at the first filing? My wife's father passed away and has no record of DOB/ID #/Family Origin from the document notarized abroad.

Is it that his DOB is known, but the official record of it is unavailable? Or is it totally unknown?

For a marriage-based case they don't expect official documentation of the parents' DOB. If it is known, just write it. Surely your wife at least knows the year of birth or can find it out from other relatives?

 

[GreenCardNotYet]

Hi Chris,

Here are the answers to your 5 questions:

1) I want to make sure the following 5 documents should be filed "first,"
Ans: You are correct. These are the 5 documents you should file first.

2) I wonder if the following two documents [I-693 & I-131] "can" be files later as requested.
Ans: Again, yes they can be. But it's best to file I-693 along with your first five (it's a requirement for I-485 anyway) because your application isn't really gonna move without the Medical Report. It doesn't take long to get it done, so why not send it together with the first five?
More learned members of this forum have given the opinion that you shouldn't apply for I-131 (Advance Parole). I agree with them. Forget about I-131: your wife shouldn't plan to travel until after she gets her GC.

3) if I have to send the checks for the USCIS filing fees along with the first 5 documents
Ans: Yes. Your application isn't going anywhere without the checks! Money makes the world go round, my friend!

4) Form G-325A is needed with first 5 docs? Beneficiary's father's record of DOB/ID missing.
Ans: Yes, G-325A must go with your I-130, I think, so it should go with your first set of papers. Father's DOB/ID # etc: if a piece of information, for example, wife's father's DOB is missing, "Deceased" is not the correct response. If you don't have the information required in one of the fields, attach a sheet to your G-325A, put the field number (say, question number 8A) and explain why this information is missing.

5) Two word name dilemma
Ans: This one is a bit complicated. Say your wife's name on passport is "Katelin Smith" but on the supporting notarized documents, it says "Kate Lin Smith". They could be the names of two completely different people on paper. You will have to either see if you can get her notarized supporting documents corrected or explain in your application (with a letter) why or how this discrepancy arose. You mentioned your wife was on F2 status before: she must have "Katelin Smith" on her old visa? So try to keep the name Katelin and be consistent on all USCIS papers; at the same time explain why it's different on notarized documents. {The solution I give here is just my opinion - I don't know if it will work or not. I'm trying to apply my common sense - your immigration officer might have an uncommon opinion}.


Having said that...
The answers to your ques 1 - 3 should be evident to you from reading all the form instructions. Are you just trying to confirm with us? This is probably why most of our members didn't directly answer. The answers to these questions should be evident to you either from the form instructions or from other posts in this forum.

Ques 4 & 5 and your further explanation that you remarried your ex after several years shows that your case isn't straightforward. You must show (with supporting documents) how/why you got divorced. You should show evidence of staying in touch as your son grew up (you perhaps supported her financially?). You should show what evidence she used to obtain her last visa to USA and confirm that she didn't enter USA under false pretenses (eg. intention to stay and go out of status). And you should show that in the last two years, while you were living together, you actually lived like a couple (joint bank accounts / lease agreements / family photos / perhaps you took a vacation together?). Understand that you becoming a USC just two months ago, marrying your ex and almost immediately filing for her GC do raise a few flags. Just remember it's down to YOU to show that you are genuinely married out of love, not out of convenience or marital privilege (eg. immigration privilege). They will assume the worst.

Hope this helps. Good luck with your application!

Thank you for your detailed answers. They were what I needed.

We got divorced 17 years ago, 8 months after my wife and then 1.5 yrs old son left the USA in 1994.
I don't have any documents as to why I divorced. I do not think there is any.
My wife simply got depressed living in the USA for 1.5 years supporting me and at the same time raising my new born baby.
I, however, had to stay here because the opportunity to study in the US wasn't given that easily.
I was in tears for months after I got a letter to divorce her in 1994. You wouldn't understand it...the feeling of being left alone in a strange country, being betrayed unexpectedely.

I still do love my wife. There was not one moment that I haven't thought about her for the past 17 years. She and my son have been with me all along.
I didn't support them financially. I was a student and it was very hard to pay for the tuition and the living expense.
Even after I graduated and got hired by my GC sponsor, I was poor. I was given minimum wages.

I didn't even have any contact of them. One day I tried to find my wife ans son and called her older brother's business, not expecting to find him.
He was still there with his business. He gave me her phone number. I talked to my wife on the phone for the first time in 8 years after we divorced in 1995.
She was also havving a difficult time then raising my son alone but managed to raise him thanks to her generous sisters.

I met with my wife and son abroad for the first time in 10 years back in 2005.

I am still havng hard time talking about this because I burst my tears...

I will write more later here.

 

[speedyGonzales]

I have a feeling that you will have no issues getting her GC
make sure to Document as much as possible of everything, including the time between the divorce and remarriage, financial stuff and Tax records. As long as your wife entered lawfully, she should get the GC. A lot of people on deportation proceedings had their deportation halted due to having USC family members. your wife will get a leninet treatment

Thank you for your detailed answers. They were what I needed.

We got divorced 17 years ago, 8 months after my wife and then 1.5 yrs old son left the USA in 1994.
I don't have any documents as to why I divorced. I do not think there is any.
My wife simply got depressed living in the USA for 1.5 years supporting me and at the same time raising my new born baby.
I, however, had to stay here because the opportunity to study in the US wasn't given that easily.
I was in tears for months after I got a letter to divorce her in 1994. You wouldn't understand it...the feeling of being left alone in a strange country, being betrayed unexpectedely.

I still do love my wife. There was not one moment that I haven't thought about her for the past 17 years. She and my son have been with me all along.
I didn't support them financially. I was a student and it was very hard to pay for the tuition and the living expense.
Even after I graduated and got hired by my GC sponsor, I was poor. I was given minimum wages.

I didn't even have any contact of them. One day I tried to find my wife ans son and called her older brother's business, not expecting to find him.
He was still there with his business. He gave me her phone number. I talked to my wife on the phone for the first time in 8 years after we divorced in 1995.
She was also havving a difficult time then raising my son alone but managed to raise him thanks to her generous sisters.

I met with my wife and son abroad for the first time in 10 years back in 2005.

I am still havng hard time talking about this because I burst my tears...

I will write more later here.

 

[GreenCardNotYet]

Hi Chris,

Here are the answers to your 5 questions:...
Hope this helps. Good luck with your application!

Thanks for your kind replies.

I mailed all the required docs on 12/10/12, got notice on 12/18/12, got finger print done on 01/08/13 and got INTERVIEW DATE SET on 02/28/13!

I didn't receive any other letter or docs for EAD but this interview letter.

Is this normail to do an interview only 2.5 months after I sent out all the docs ?

I was this time expecting EAD or yellow letter for additional docs.

What do you guys think?