Adjustment of status for Self & Daughter

C

Caliber91

Registered Users (C)
Hi !

I am new member of this forum. But i was browsing this for couple of months to get some information.

And i'd say members are doing excellent work by helping each other!

My details are:

My USC wife and i are working together on getting the AOS package getting ready.
I was on H1b(daughter on H4), lost my job and currently out of status.

Wife will be filing for myself and her step daughter (my daughter from prev marriage).

My question is:

- What we need in order to file for daughter (8 years old) along with me?
- Fee
- Good to file for both together or daughter can be filed later?
- Any guidelines/tips for us for overall process
- Do we need lawyer?
- Also, how 'out of status' going to affect me? Do i need to do anything specific for that during AOS process?
BTW, i have I-94 valid until end of the year.

Appreciate your responses
 
Response from Jackolantern:

See the "Do it yourself" thread (http://forums.immigration.com/showth...17#post1975217), and go to the USCIS site for each of the forms to see the fee for each.

Note that there is no fee for an I-765 or I-131 filed in conjunction with an I-485, and no biometrics fee will be required for the I-485 of the 8-year-old.

For every form there will be one required for you and another of the same for your daughter (it's not a situation where dependents can be added to the same form as the primary applicant).

The I-693 medical needs to be filed with the I-485, two appointments are needed for each of you, and it can take a couple weeks to get the results in the mail, so get started on finding an authorized doctor now.
 
Preparations...

So, we need to file following per my understanding until now: Please point out if missing anything :)


For Myself:

I-130, Fee $420
I-864,
I-693(Medical by doctor),
I-765,
Not needed(I-131 Advance Parole),
G-325A(Petitioner(wife) & Beneficiary(Myself the husband)
I-485, Fee $985
G-1145 for email/Text notifications

Biometrics/FP at Application center, Fee of $85 to be added to the same check

Fee/check: one total check of $1490($420 + $985 + $85), Check payable to "Department of Homeland Security"




For Daughter:
I-130,
I-864,
I-693(Medical by doctor),
Not needed(I-131 Advance Parole),
G-325A(Petitioner(wife) & Beneficiary(daughter),
I-485, Fee $985
G-1145 for email/Text notifications

Biometrics/FP at Application center. No Fee for minor

Fee/check: one total check of $1405 ($420 + $985), Check payable to "Department of Homeland Security"



Questions:
Anything missing in list given above?

Any way to follow to write check?

Whats the process for I-693? Is it like applicant need to > take blank I-693 to doctor > after tests Doc fills the I-693, seal it & give back to the applicant?
And applicant send I-693 along with package?


Thank You All !
 
The checks should be separate for the I-130s and adjustment of status packets (2 checks for YOUR package and 2 checks for your daughter's package) but BOTH packages should be inside one mailer.

If anything at all is wrong with either I-485 package then the I-130s can still be accepted if you use separate checks.
If something is wrong with an I-130, then only that I-130 and adjustment packet need be rejected and the other can still be accepted.

IF everything is covered by one check then one isolated error would mean TOTAL REJECTION of everything.

Your wife must file I-864s for both of you UNLESS you (and only for you) qualify to file the I-864W for yourself. There is no fee when this is filed with USCIS during adjustment of status.

Lastly, don't forget the required EVIDENCE to prove the relationship!
 
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BigJoe5 said:
The checks should be separate for the I-130s and adjustment of status packets (2 checks for YOUR package and 2 checks for your daughter's package) but BOTH packages should be inside one mailer.

If anything at all is wrong with either I-485 package then the I-130s can still be accepted if you use separate checks.
If something is wrong with an I-130, then only that I-130 and adjustment packet need be rejected and the other can still be accepted.

IF everything is covered by one check then one isolated error would mean TOTAL REJECTION of everything.

Your wife must file I-864s for both of you UNLESS you (and only for you) qualify to file the I-864W for yourself. There is no fee when this is filed with USCIS during adjustment of status.

Lastly, don't forget the required EVIDENCE to prove the relationship!
Click to expand...

Thanks a lot BigJoe !

So, which check should include biometrics fee for myself(not needed for daughter, right?) or separate check for that?

For I-864s for both of us - Do wife to need provide tax transcripts for last three years for both of us?

Regarding EVIDENCE to prove the relationship,
i have over two years of evidences like joint leases, joint bank actts statements, joint credit cards, car titles, health insurance, Life insurance, beneficiary on each's 401's, and tons of photos together and with each other's families.
Do you think that would be sufficient or i need to collect more?

What would be the best way to present these evidences, i mean to show long relationship before marriage, and then after marriage?

God Bless All !
 
Few more questions

- Wondering What docs i need to attach with I-765 (Application for Employment Authorization)?


> Could you please let me know following documents go with which application (I-130 OR I-485)

- Earlier divorces papers
- All evidences documents
- Photos

- For photos, i was thinking to print couple of photo collage's(will have 5-7 photos per collage) and put related photos on them.
Or just stack of photos will be better to send?



How many Passport Style photos we need?:

One for USC for her G-325A form

(For each myself and Daughter)
One for Immigrant for G-325A form (goes with I-130)
One for Immigrant for G-325A form (goes with I-485)
Two for Immigrant for I-485 Form


Thank You !
 
Caliber91 said:
Thanks a lot BigJoe !

So, which check should include biometrics fee for myself(not needed for daughter, right?) or separate check for that?

For I-864s for both of us - Do wife to need provide tax transcripts for last three years for both of us?

Regarding EVIDENCE to prove the relationship,
i have over two years of evidences like joint leases, joint bank actts statements, joint credit cards, car titles, health insurance, Life insurance, beneficiary on each's 401's, and tons of photos together and with each other's families.
Do you think that would be sufficient or i need to collect more?

What would be the best way to present these evidences, i mean to show long relationship before marriage, and then after marriage?

God Bless All !
Click to expand...

You are confusing evidence of a bona fide marriage with the more basic evidence of a valid marriage.

You have a kid. Do you have a divorce decree? Were you widowed? Was your USC spouse previously married?

As for daughter--was she born in-wedlock or out of wedlock? Did you legitimate her? Do you have legal custody?

Prove the relationships.

Read all the various form instructions first and THEN ask questions to clarify points of confusion. Merely asking broad questions is ASKING FOR TROUBLE. Someone will misinterpret what you want to know and give you bad info.
 
BigJoe5 said:
You are confusing evidence of a bona fide marriage with the more basic evidence of a valid marriage.

You have a kid. Do you have a divorce decree? Were you widowed? Was your USC spouse previously married?

As for daughter--was she born in-wedlock or out of wedlock? Did you legitimate her? Do you have legal custody?

Prove the relationships.

Read all the various form instructions first and THEN ask questions to clarify points of confusion. Merely asking broad questions is ASKING FOR TROUBLE. Someone will misinterpret what you want to know and give you bad info.
Click to expand...

My daughter is from my previous marriage. I have decree. MY USC wife was also married previously for which we have her divorce decree.

I have legal joint custody for my daughter with my ex wife.

Please feel free to ask me any information that you need to answer my questions.

Your suggestion is valid, i'll go thro' all the instructions for the forms first.

Thank You !
 
I was on H1B.

Do i need to put Alien number (not sure if i have one) or NONE?

How many pay stubs we need to put?

Also, do we need to get job/employer verification letter from her office?
Anyway we are submitting the latest pay stubs.

Thanks !
 
Caliber91 said:
I was on H1B.

Do i need to put Alien number (not sure if i have one) or NONE?

How many pay stubs we need to put?

Also, do we need to get job/employer verification letter from her office?
Anyway we are submitting the latest pay stubs.

Thanks !
Click to expand...

The "A-number" will be the one that ends up on your greencard. An A# would be associated with the immigrant visa petition. If an employer had already applied for you via an I-140, then you could have an A# already, so you need to tell USCIS about it. There might be what appears to be an A# associated with an EAD if you ever had one but those are sort of phantom A#'s that don't really count unless it is associated with a category that leads to a greencard. You will likely get an EAD with a valid A# on it in EAD category (c)(9) based on the the pending adjustment case.

Bottom line provide copies of anything you have from DHS (USCIS/ICE/CBP) and let them sort it out.

IF you have nothing applicable, an A# will be assigned to the approved I-130 and used on everything else after that.
 
BigJoe5 said:
The "A-number" will be the one that ends up on your greencard. An A# would be associated with the immigrant visa petition. If an employer had already applied for you via an I-140, then you could have an A# already, so you need to tell USCIS about it. There might be what appears to be an A# associated with an EAD if you ever had one but those are sort of phantom A#'s that don't really count unless it is associated with a category that leads to a greencard. You will likely get an EAD with a valid A# on it in EAD category (c)(9) based on the the pending adjustment case.

Bottom line provide copies of anything you have from DHS (USCIS/ICE/CBP) and let them sort it out.

IF you have nothing applicable, an A# will be assigned to the approved I-130 and used on everything else after that.
Click to expand...

My wife has US passport.
Do she have to have provide the naturalization certificate or we can do without that?

Where we can find A# for her? What is the process to get copy of naturalization certificate?

Thanks !
 
Caliber91 said:
My wife has US passport.
Do she have to have provide the naturalization certificate or we can do without that?
Click to expand...
Her US passport is sufficient. Send copies of the identifying passport pages with the application, and she should bring the passport itself to the interview.

Where we can find A# for her? What is the process to get copy of naturalization certificate?
Click to expand...

Did she have a green card before becoming a citizen, or is she a born citizen? If she's a born citizen she won't have an A# or naturalization certificate.
 
Caliber91 said:
Thanks Jackolantern !

She was naturalized thro' her father.
Click to expand...

Some derivative citizens or citizens born abroad may obtain a Certificate of Citizenship from USCIS or formerly INS and some do not. Did she?

Some citizens born abroad obtain an FS-240 from the State Department and some do not. Did she?

Even if one gets an FS-240, they can get a Certificate of Citizenship. Such a person is assigned an A# specifically for the Certificate case (N-600).

Some derivative citizens get derivative naturalized citizenship from a parent who naturalizes. These kids would have had a greencard but may have skipped getting a Certificate and only obtain a passport. In DHS databases they will still show up as LPRs rather than citizens because they skipped the normal process of getting a Certificate. These folk may have problems and delays.

In the worst case scenario, a passport gets issued to a kid in error and USCIS discovers it later and gets the Passport Agency to revoke an erroneous passport.

It would be worthwhile getting to the bottom of it once and for all.
 
BigJoe5 said:
Some derivative citizens or citizens born abroad may obtain a Certificate of Citizenship from USCIS or formerly INS and some do not. Did she?

Some citizens born abroad obtain an FS-240 from the State Department and some do not. Did she?

Even if one gets an FS-240, they can get a Certificate of Citizenship. Such a person is assigned an A# specifically for the Certificate case (N-600).

Some derivative citizens get derivative naturalized citizenship from a parent who naturalizes. These kids would have had a greencard but may have skipped getting a Certificate and only obtain a passport. In DHS databases they will still show up as LPRs rather than citizens because they skipped the normal process of getting a Certificate. These folk may have problems and delays.

In the worst case scenario, a passport gets issued to a kid in error and USCIS discovers it later and gets the Passport Agency to revoke an erroneous passport.

It would be worthwhile getting to the bottom of it once and for all.
Click to expand...


Looks like she surrendered GC, EAD and naturalization certificate at the time of getting US passport.

She got her US passport over 25 years ago.

BigJoe5 said:
In DHS databases they will still show up as LPRs rather than citizens because they skipped the normal process of getting a Certificate. These folk may have problems and delays.
Click to expand...

How we can find this out whether she is being shown as LPR or citizen in DHS database.
 
I-130

in FORM I-130:

Part C Question 17 - List husband/wife and all children of your relative: Do we need to put Petitioner name or Beneficiary name along with Beneficiary's children?

Under 'other names used' - Do we need to put nick names used?

Also, G-325A not needed for kids under 14. Is the correct?

Thanks
 
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Caliber91 said:
in FORM I-130:

Part C Question 17 - List husband/wife and all children of your relative: Do we need to put Petitioner name or Beneficiary name along with Beneficiary's children?

Under 'other names used' - Do we need to put nick names used?

Also, G-325A not needed for kids under 14. Is the correct?

Thanks
Click to expand...

Anybody please ....?
 
I-864

My USC wife is my sponsor.
Still not sure, whether for income proof for I-864 following are sufficient?

- 6 months pay stub
- Recent employer verification letter indicating role, annual income etc
- Tax Transcripts from IRS for last 3 years

Do she need to provide W2 and 1099 also?

Thanks !
 
BigJoe5 said:
Your wife must file I-864s for both of you UNLESS you (and only for you) qualify to file the I-864W for yourself. There is no fee when this is filed with USCIS during adjustment of status.
Click to expand...

Confused about Q8 & Q9: What 'll go for Myself, and what for daughter in separate I-864s:

For Q8 [check box] (I am sponsoring the principal immigrant in part 2(Part 2 is Info about Principal Immigrant):

Yes No

Q9: [check box] I am sponsoring the following family members immigrating at the same time or within six months of principal applicant named in part 2 above


Appreciate your help !
 
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