Final Package Applying For Green Card

M

mazam

Registered Users (C)
Dear All,

First of all thanks for all the help! My wife is US citizen and I am applying for green card. Here is my final package for documents.

MY WIFE DOCUMENTS:

1) 2 identical photographs
2) I-130
3) Copy of permanent resident card
4) Copy of her passport
5) G325A form
6) I-864 form
7) Tax returns for 2006,2005 (she is currently un-employed)
8) Marriage certificate
9) Copy of naturalization certificate

MY DOCUMENTS:

I am on H1B right now!

1) I-485
2) 4 passport photos
3) G325A
4) W2 tax return forms for 2007,2006,2005
5) Copy of birth certificate
6) I 765 EAD card form
7) Job letter from employer
8) Copy of my passport (I94 card)
9) Copy of my H1B certificate/card (not sure if I need this)

A check for I-130 for $355.

A check for I-485 for $1010.

I have also put notes on few papers saying.

SPONSER
[My wife name]

TAX DOCUMENTS

and for me

IMMEDIATE RELATIVE (HUSBAND)
[My name]

TAX DOCUMENTS


Am I missing anything! Not sure if I am supposed to send the H1B certificate but I guess it should be okay!
 
How long has your wife been unemployed? You may need a joint sponsor.

You mention you have been on H1B, for how long?
 
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Hi AsPapi,

I don't think she will need joint sponsor since we are living together for one year. She is unemployed for 1 year. I am working full time for a company and my pay is over the poverty criteria. In the I-864 I will add my income in the house hold income box since I am her husband.
 
You seem to have it covered :) Why do you need a copy of her permanent resident card if she is a U.S. Citizen?
 
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Thanks AsPapi :)

Some how it seems that I am sending a lot of documents but on the other hand it is better to have more than less ;)
 
I don't see any evidence of a shared life in your documents ... I hope you're including some for the initial evidence. Also, it may be more helpful to organize your evidence according to "I-130 petition" and "I-485 application" rather than "her documents" and "my documents." Treat the evidence for each application as if it's filed by itself, even though it's filed concurrently in one envelope.

You'll need two sets of G-325A forms for you, one each for I-130 and I-485. I believe you also need 5 photos (not 4) of yourself, 1x I-130, 2x I-485, 2x I-765 ... and only one photo of your wife. You should also attach a separate I-94 copy to your I-765 application.

For the most recent tax year on I-864, are you listing 2007 or 2006? Since you're submitting two tax returns for your wife ... if your wife was not required to file for one of the three years, explain in an attachment why she didn't have to.

H-1B certificate ... do you mean the H-1B approval notice? It probably doesn't hurt to send it ... recently someone got an RFE where they asked for proof that the income of the alien was lawfully acquired.
 
i would not send copy of the perm res card, as she is no longer tied to it, and should no longer have it, they should have taken it and destroyed it at her oath ceremony for naturalization. thats just my opinion, but im sure others will agree, why would you want to prove your a LPR, when your a USC???
 
Hi austriacus,

Thanks for help again! On the visa journey website I don't see anything about documents about "Shared Life". We have a joint bank account if that helps!

Also, for I-130 petition we have tax returns for 2006 and 2005. The USCIS only requires the tax return form for 1 year. 2007 is not present since the us citizen was unemployed.

For I-485 petition we have tax return forms for 2007,2006,2005.

For photographs yes you are right I need more pictures. That would not be a problem.

H1B: Yes, I meant H1B approval notice. I can send the copy of that notice to prove my employment and legal status. Although I am also sending the job letter.

Thanks again for all the help!
 
Hi again,

Ohh I read the visa journey again and it is called bonafide marriage. I guess I can show the joint account (bank account).

What do you think?
 
On the visa journey website it says:
G-325A (all four pages) filled out by the US Citizen signed and dated

But there is only 1 page not four. All the pages are identical. Is it like one copy for I-130 citizen and one for I485 immigrant. That makes it two and not four???
 
mazam said:
On the visa journey website it says:
G-325A (all four pages) filled out by the US Citizen signed and dated

But there is only 1 page not four. All the pages are identical. Is it like one copy for I-130 citizen and one for I485 immigrant. That makes it two and not four???
Click to expand...

It is 4 copies of the same page. Fill it out using adobe in the computer, filling page 1 fills out pages 2-4 automatically. Print them all. Sign them all.

it should be 4 copies of yours and 4 copies of your spouse.
 
Ok, let's go through this step by step.

Yes, you'll need proof of bona fide marriage (good faith marriage, proof of shared life), essentially you need to prove to the government your marriage is real. The burden of proof is on you. A joint bank account is a good start. Include any of the bona fide marriage evidence you currently have that are listed in the I-130 instructions under "What Documents Do You Need to Prove Family Relationship?" 1.E. - 1.J. This may also include utility bills, car insurance, beneficiary on life insurance, credit cards etc. if it is in both names. You'll need a lot of this evidence for your interview in a couple of months; for now you just need a couple of pieces of bona fide marriage evidence to get the process started. I'd say look for 1-2 more items in addition to the joint bank account to include right now. (Authorized user on a credit card would be easy, or a savings bond, savings account, or a certificate of deposit for instance.)

About the I-864, I'm still confused which ones you are listing as your wife's three most recent tax years. If it is 2005, 2006, and 2007, and she did not have to file for 2007 because her income was not high enough, you need to attach an explanation citing a specific paragraph in an IRS publication why your wife did not have to file that year. (You should find one in the 1040 instructions in "Do I have to file?.") Were you married in 2007 already?
 
Thanks for the explanation.

At present we only have a saving account together. We got married in August 2005 but started living together in 2007 (since she was studying). We have the marriage certificate!
I just checked the Form I-130 (http://www.uscis.gov/propub/DocView/afmid/dat/I_130.PDF) and over there they only require the marriage certificate.


My wife three most recent tax years will be 2007,2006,2005. For 2007 she was unemployed (although she will file taxes on the online income for 2007 but again she is not employed by any person). So, for 2007 she can explain that she is unemployed.

For 2006, 2005 she will receive the tax return papers in couple of days.
 
im wondering how this guy has filed his 2007 tax already? some of us havent even gotten w2s yet, the deadline for w2 return hasnt even come yet. i think he is mistaken, he need to have his 04,05 and 06 returns i think.
 
hi Js360,

I have not filed for 2007 but I got an electronic copy of the W2 for the year 2007.
 
mazam, the marriage certificate is not proof of a bona fide marriage, it's only proof of a marriage. Anyone could get married and get a marriage certificate even though they have no intention of being married. How about you get a joint checking account for instance (and don't forget to take advantage of account opening bonuses, often $50-$100).

Oh, I remember now we talked about your I-864 before and your wife's unemployed status, correct? Did you file taxes jointly for 2005 and 2006? Are you planning to file jointly for 2007? That's one more piece of evidence you have for bona fide marriage, if you filed taxes jointly. Do you live in a community property state, then your wife may owe income taxes on your income even if she's unemployed, if she files as married filing separately. If you file jointly and you claim that the most recent tax years are 2005, 2006, and 2007, then you need to submit a complete and filed return for 2007 with the I-864. Otherwise, since it's very early in the year, it's probably reasonable for you to use 2004, 2005, and 2006 as your wife's most recent tax years (I bet that's what everyone else still does, ask in the January filer's thread!).
 
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Hi,

>>>I remember now we talked about your I-864 before and your >>>wife's unemployed status, correct?

Yes! we did talk about it :)

>>>Did you file taxes jointly for 2005 and 2006?

No. We filled separately.

>>>>Are you planning to file jointly for 2007?

Yes, but I will submit the paper work for green card before filing taxes for year 2007.

Currently, we have a joint saving account together.

Thanks,
Azam
 
Hi,

>>>>it's probably reasonable for you to use 2004, 2005, and 2006 as >>>>your wife's most recent tax years

That is what I intended to do also but my wife told me that when she called the IRS to request the previous years copies they said that they don't have any record for 2004 year. She said they are sending for tax return forms for 2006 and 2005 only.

In I-864 form they only require one recent year right! So why bother sending all the years anyway. Only send the 2006 as the recent year.

I on the other hand have all my forms with me (2007,2006,2005,2004,2003......)
 
mazam, that's true, only the most recent year is required, so you could send 2006 only. I'm surprised IRS doesn't give you 2004 anymore, but oh well, it's 2008. Since the I-864 instructions specifically state that your wife had to have filed her 3 most recent ones, I'm still concerned that you have no proof of her 2004 filing.

But wait, if you're filing as married separately and she doesn't have to file for 2007, I suppose all you need to include is an addendum about why she doesn't have to file for 2007 and call 2007 her most recent year. I'm not sure about this, but the USCIS might find it suspicious that you file married separately. Anyway, be prepared to answer why you're not filing jointly.
 
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