applying to adjust status

H

HARARE_123

Registered Users (C)
I am an US citizen and i just got married and wish to apply to adjust status of my wife. I am concurently filing I-130 with her I-485.She came to the US 2 years ago on a B1 visa and thats when i met her and we been living together for about a year and a half now. She had to overstay her visa as she got pregnant with my baby and we did have the baby and just got married. Will i have a problem if i apply this month itself considering i just married her a week ago EVEN THOUGH WE HAVE BEEN LIVING TOGETHER for almost a year and a half now? Remember, that we have a baby together and are very much in love and have photos etc to prove it.
I also want to know if i need to submit Form I-864A which is contract between sponsor and household member even though i can prove that i can fully support her? What is the basis to use form I-864A?Also does the form I-864 need to be notarised? The form i downloaded from the uscis webpage doesn't have any space for notarizing? And does my wife need to submit Supplement A to form I-485 Adjustemnt of status under section 245(i)?
And what about the medical examination form? Does that need to be included right away with the whole adjustment package or will the INS notify her to do the same latter? PLEASE HELP. YOUR INPUT WILL BE GREATLY APPRECIATED.
 
See attached for all the documents you will need, including an attachment with support evidence.

Your situation is very similiar to ours

We had been living together since she enered the US on Student Visa in 7/2003 My wife went back to Japan in 10/03
After I went to Japan to meet her family ,My wife re-entered the US with me on a 90 day Visa Waiver program. Jun 2004
We got pregnant :eek: , And She had severe Morning sickness, so she ended up overstaying and we decided to go ahead and get married 10/04.

We Just filed for her AOS 6/17/06.

The fact that you have a child together and can prove you have been living together is enough. Did you file Jointly on Your 2005 Tax returns? That also helps. The one thing I would say is that if you have been married less than 2 years at the time her AOS is approved then she will get a conditional GC after 2 years she will re-apply for the permanant.

This may be waived due to the fact you have a baby!

http://www.uscis.gov/graphics/formsfee/forms/index.htm
The I-864A is only needed if you the sponsor do not meet the support requirements, I -864 A is for a co sponsor othe rhousehold member.
You should file I-864EZ and the new rules do Not require you to have it notorized. Just be ready to provide at leas 3 most recent year Federal Income tax returns, W2's A letter from employer verifying your employement

HARARE_123 said:
what about the medical examination form? Does that need to be included right away with the whole adjustment package or will the INS notify her to do the same latter? PLEASE HELP. YOUR INPUT WILL BE GREATLY APPRECIATED.
Click to expand...


The I-693 http://www.uscis.gov/graphics/formsfee/forms/i-693.htm
will be given to you by A USCIS approved civil Surgeon,
http://www.uscis.gov/graphics/exec/cs/index.asp

Your spouse will go to get the Medical screening by A USCIS approved civil Surgeon, they return it to you in a SEALED envelope from the Dr. containing your I-693 ( you will get a copy for your own records) you will file the SEALED envelope with her I-485.


Don't forget to submit the Biographical info sheet G-325A's in QUADRUPLET
http://www.uscis.gov/graphics/formsfee/forms/g-325a.htm

( fill them out directly from the USCIS webpage and it will print in Quadruplet.) each of you will complete the G325A


Make sure you file ALL forms together ( I-130 ;I-864EZ/ I-485, I-765 & I-693)

See attached for all the documents you will need, including an attachment with support evidence.

Before you send anything Make Photo copies of EVERYTHING!

good luck
 
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Get a medical done ASAP and send it in with the original application. The I864A is not necessary - just supply 3 years of tax returns with required income levels, W2's etc. as well as proof of your citizenship(birth certificate or passport). You can see whether you qualify to use the new I864EZ form and I believe they no longer need to be notarized. Also,I think spouses of US citizens usually do not have to complete supplement A to I485, even if they have overstayed - read the instructions of the form I485A to make sure - I believe they explain it there.

While her overstay does complicate her case, I believe you should be(but not "will be" OK. Just make sure you have good proof and if you have the resources, it may be a good idea to consult with an attorney. Not to file the paperwork, that is easy, but perhaps to interview with you, in case legal arguments arise. Also, your wife must absolutely not travel until she actually receives the green card, even if she gets I131(AP) permission to travel from USCIS. This can trigger her to get banned from US for a certain period of time due to her overstay. Her overstay will become a significant problem if she travels outside the US, even with advanced parole.

Good luck and remember my advice is knowledge I have gained by research and reading and does not constitute legal advice.
 
thank you to both of you for your replies. I appreciate it. I checked and i do qualify for the I-864EZ , so i'll go fill out that form. My wife still have to make an appointment for the medical examination. The latest appointment she was told is available was august 15th. Will call the other numbers of the other doctors and check. Does one know if the results are given right away? As in is the medical examination form given back by the doctor right away OR does it take a few days?Its bloody expensive too. They said its $360 and additinal for vacinations if they see that it required.
And no i didn't file joint tax , as she was and is NOT working but i did include my child in my taxes ....this year now that i am married i will file taxes jointly.
 
Try some other doctors too, even if you have to drive a little further. I guess I was lucky - when I went I just paid $80 for the exam, plus vaccinations, but since I did not need any, it was only $80. But I know many others have been charged much higher.

You do not get the results the same day, normally you come back 2 days later for the results of blood/TB test - then they give you the forms in a sealed envelope to include in the application.

You do not absolutely need joint tax returns, but it is helpful - try to include her from now on. Make sure you at least get a joint lease/mortgage, put your car insurance together, life insurance and health insurance if you have any, and get utility bills that go to the same address, even if it is not in both names. You dont need all of these, but get as much as you can. Also get some affidavits from friends if you are short on evidence. All these will be extremely important when you go for the interview.

Good luck
 
More evidence include:
photos with each other/family members
Cards/e-mails to each other over the course of your relationship
travel itineraries/tickets for honeymoon or other trips together
 
thanks again...in a big way. Another question....upto now i couldn't include her in any of the said things like mortgage , car insurance etc etc, cos she didn't have a social security number as she was on a B1 visa....and out of status. Will i be able to get her a SS number once her authorisation for employment comes, right?or is there another way to get SS number?thanks again.
 
When she received her EAD card then she is able to go to the SSA and request a SSN. With that then you can make joint accounts. I don't think that for mortgage issues you can include the person after it is closed. But that is not big deal. All the "marriage evidence" will be need for the interview. Keep pictures of you together, your child birth certificate, joint bank account and well is understandable if she could not file tax with you since she was not legal in the US and she does not has a SSN.

But you can add her to your cell phone, insurance, credit card, bank, gas/power/water, etc bills. Check of course with your provider each one has its own policies and sometimes they do not accept people who are not US residents or US citizens.

USCIS recognizes that you are husband and wife from the date of your marriage not from the date you are living together. What that helps is that you know each other for a long time and that your relationship has been strong over time with a child involve. Saying this, if everything goes alright and she gets approved she should received a 2 years conditional green card if your marriage by the time of the approval is less than 2 years (which I think would be) and after the 2 year or better say before the expiration date of the card, both of you must file to remove the conditions of the card.

Good luck,
 
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HARARE_123 said:
Will call the other numbers of the other doctors and check. Does one know if the results are given right away? As in is the medical examination form given back by the doctor right away OR does it take a few days?Its bloody expensive too.
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You wont get the results the fisrt day as there is a TB skin test done that your wife has to come back 3 days later to have checked, after they check the TB site they will complete the medical and if TB is negative and everything else is good the Dr. will give you the sealed Medical I-693 that day!

I would call around and shop for a price, it can be anywhere from 150.00-320.00 (My wife is preganant with our 2nd baby :eek: so we only had to pay 110.00 :cool: there was one vaccination she couldnt take while pregnant, She was still cleared medically!)
 
The Medical Examination has been discussed before, you can make a search and there is an entire thread about it. Not all received the TB skin test, that is up to the doctor to requested, some get just the x-ray. And the doctor is the one who decide which vaccines will apply.Check with your chosen doctor about the entire medical process.

Good luck,
 
Hi HARARE_123,
These are the applications forms my wife and I submitted to the Chicago lockbox. I put the list here as an example, but you really should consult a lawyer. Regarding the medical exams, I strongly recommend you search through the USCIS website for a certified doctor's office. Please find a few of them around your area and call to inquire the earliest appointment and cost. Some doctors charge outrageously, but some are reasonable. I paid about $180 for the exam plus additional vaccinations and TB X-ray. My total comes out around $400, though I got ripped off because I had TB vaccination when I was an infant in my country of birth, and the doctor refuse to take an x-ray without TB skin test. So be aware and extremely careful with your cost. The bottomline is, you won't go wrong with a doctor listed on USCIS website.

I-130 (Petition; my wife is going to petition for me, including her US birth certificate and her US passport, showing that she is USC)
I-864 (My wife's financial addidavit; my wife proving that she has enough financial backings to sponsor me and she is above the poverty guideline, though I make more money than her)
I-485 (My AOS app; I request AOS)
I-765 (My EAD app; requesting to work while case pending)
G-325A (My wife's biographics)
G-325A (My biographics, including my passport, birth certificate/household registration, prior EAD app from F-1)
I-693 (My medical exam)
G-28 (Let USCIS knows that I have a lawyer representing me)
Marriage Certificate (Proving that we are married)
Additionally, I-131 Application for Advanced Parole if your wife plan to travel while AOS status is pending.

Good luck.
 
You all are so helpful. I am very thankful to all of you. Yesterday i visited the local USCIS office with an info pass as some questions on the forms were confusing. I'm not not very confident with the answers the officer gave me there so i just want to double check with you'll. PLEASE HELP.
1. In the I-1485 , as i am concurently filing I-130 what do i tick in question of Part 2. Application type: there are options a-h here. The officer said my wife should tick option'h' and write there married to US citizen.
2. On the PROCESSING SHEET FOR FORM I-485 what do i put for PRIORITY DATE:_________ WHICH IS NEXT TO FORM 1-194 #? She said my wife should put 'IMMEDIATE" ....is this right?
3. Mny forms asked for my wife's visa number? Which number is this? There are 2 numbers on her visa , one called the 'control number' and one number just printed on the lower right end of her visa. Now the officer said that the I-94# was the visa number. Is she right?THanks in advance for answering my queries. Bless u all.
 
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