USC married Visa[R] Type[B1]Class[B2] visitor - next steps?

D

danyl

Registered Users (C)
Hi, I'm asking for accurate and honest advice if it's not a problem of course on:

USC just married a Visa[R] Type[B1] Class[B2] visitor.
Visitor is a "she", came in legally on visitor visa^ still good for couple more months.
USC is currently unemployed, previously divorced.

What is the next step in terms of paperwork for her to get her SS#, GreenCard etc.?

Should the form: I-130 be filled and sent together with I-485, G-325, I-864 & I-864A, I-765 in one package plus passport photos, copies of marriage license, copies of previous marriage divorce, translated birth certificate?

If a knowledgeable person in these issues help me with correct steps to take. Thank you.
 
Then go ahead and send everything together in one packet. Don't forget the I-693 medical. You'll need to set up an appointment with a "Designated civil surgeon" if you haven't already done so. Also the I-131 if she might want to travel outside the US while the I-485 is pending; once the I-485 has been filed they won't let her back into the US with the tourist visa.

Visitor is a "she", came in legally on visitor visa^ still good for couple more months.
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Do you mean the I-94 still has a couple of months remaining?

For the Social Security number, she will need to visit a SS office with an employment authorization document (EAD) or the GC itself. The EAD/I-765 normally takes 2-3 months to get approved and delivered. The SS card if issued when she has the EAD will have different wording than if issued when she has a GC, so if she applies for the SS card before obtaining the GC she would have to visit the SS office again after the GC to obtain an updated SS card (unless she doesn't care about getting an updated card without the restrictive wording). The main advantage of the unrestricted SS card is that it can be used for employment when combined with a driver's license or state ID, without having to show the GC.
 
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Wow, your great with answers.

If I'm currently unemployed do I have to fill out Affidavit of Support I-864 for her?
Because my dad can sponsor her, so should he just fill it? Or should I fill the I-864 even though I'm unemployed and have him
fill out form I-864A?

Thank you
 
You are the USC sponsor, so you personally have to fill out the I-864, even if you're going to write zeroes on it.

Your father would be the co-sponsor, and he will fill out the I-864A.
 
Don't forget the I-693 medical. You'll need to set up an appointment with a "Designated civil surgeon" if you haven't already done so. Also the I-131 if she might want to travel outside the US while the I-485 is pending; once the I-485 has been filed they won't let her back into the US with the tourist visa.

Does I-693 medical have to be included with the I-485 form? She doesn't have SS# nor driver license, so where can she
go to have the testing done? Thank you
 
danyl said:
Does I-693 medical have to be included with the I-485 form? She doesn't have SS# nor driver license, so where can she
go to have the testing done? Thank you
Click to expand...

Yes the medical has to be included with the I-485, or they will delay or reject the I-485.

Google for "Designated civil surgeon" for places to get it done. Gather her old vaccination records to bring to the doctor so that will reduce or eliminate the vaccinations she needs to get now. A minimum of two visits are required; the second visit will be for checking the outcome of the skin test.

SSN or driver's license is not necessary, but I think they will require some form of ID such as a passport.

The results will be sent to you in a sealed envelope; open the outer sealed envelope with your name and address on it, but leave the inner envelope sealed when you send it with the I-485.
 
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The medical must be no older than 12 months when it is filed with USCIS. Once filed, the validity will then be extended until the I-485 is decided.
 
Thank you, I hope to get all this done for us soon.
We got married, she's on tourist visa like I mentioned before, I'm a USC and here is what I have prepared in order:


1. I-130 Petition for Alien Relative - She's in the USA and living with me, I have to fill it out and sent it along anyway right?

2. I-485 Adjustment of Status

3. G-325 Biographic Information - Do I have to fill one for myself (husband) also?

4. I-864 Affidavit of Support and I-864A Affidavit of Support Sponsor

5. I-765 Application for Employment - For her to get Social Security #, so she can get driver license, register for school and find work, am I correct?

6. I-131 Travel Document - If she may need to travel next year while her application is in the process, correct? :)


Am I missing anything? Except photographs for her and myself, Tax Returns copies for the sponsor (my dad), Marriage Cert., etc.

Thank you, and I'm sorry for being a noob and asking so many questions.
Maybe one day, I will be as helpful to new members and people seeking advice :)
 
1 and 2 yes you need those. I-130 filled out and signed by you, I-485 filled out and signed by her.
3. Both the USC and immigrant spouse must file one.
4, 5, 6 yes yes yes.

Those plus the I-693 and that's all the forms you'll need. You need to partially fill out the I-693 and give it to the doctor who will fill out the rest later with the exam results.
 
:) Thank you.

Question: I-130 - C. Info. About Your Relative - 17. List husband/wife and all children of your relative.
My wife doesn't have any children (we don't), so leave that area blank? Or input my wife's name?


Question: I-485 - Adjustment of Status - Part 2. Application Type: I'am applying for an adjustment of status to permanent resident status because: ?
Well, she (my wife) married me (USC) and I think we should mark A? I don't understand, since nothing is approved since we're going to file it all together.


Help! and thank you just in case!
 
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"Your relative" is referring to your wife. Question 17 on the I-130 is about the children and spouse of your wife. So list yourself there.

A) is the right answer for your situation. It used to be that the I-130 had to be approved before the I-485 could be filed. But years ago they started allowing concurrent filing*, and for some strange reason they still have not updated the wording of that question to reflect that an approved petition is not necessary for I-485 filing.


*most family categories are currently not eligible for concurrent filing
 
Thnx.
Yes, some questions are confusing, but I hope the INS goes over the applications throughly and fixes or sees if someone made a little mistake, just in case.

Question: I-864-Affidavit of Support if I'm unemployed right now, should I fill it out? Or should my father (who works) fill it out?
Maybe it's better if I don't work, I can be a co-sponsor and fill I-864A? Or no co-sponsor, and just my dad primary sponsor I-864?

Also, If I have to be the "main" sponsor and my dad the "joint sponsor" - should I on Part I-Basis for Filing AoS mark A and E? [I'am] and [First]?

Also, what do I put for income if I don't work? I did work in 2009 etc., should I fill #25. Federal income tax return for past 3 years? Or skip this all together?

Thank you
 
The USC who is filing the I-130 is the sponsor and must also fill out the I-864, even if unemployed. Yes, it will mean a bunch of zeroes will be there if you currently have no income, but that's just how it works. Then the joint sponsor (your father) fills out an I-864A.
 
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Thanks, but what I wanted to know is: i-130
on: B info about you: I put my info there (husband), while part C info about relative i put my wife, am i correct?
Thnx
 
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Thnx Jackolantern for your generosity in helping out, I hope you get paid for this :)

For myself (USC-Husband) on FORM G-325 (Bio.info.) it states:

This form is submitted in connection with an application for:
Naturalization, Status as Permanent Resident, Other (Specify):

Should I mark Status as P.Resident? or Other?


Form I-864 - Affidavit of Support Part I it states:

I'm the petitioner (name) am the sponsor of this affidavt because? I'm not sure what to choose, since I'm the primary sponsor, my dad is a joint-sponsor.

Help
 
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