I am a lucky lottery winner for 2014.
My wife and I are in the US. Both of us are now students on separate F1 visas and are going for Adjustment of Status. I know that each of us have to fill out I-485 separately and pay the fee per person to apply for AOS. I have some technical questions though:
1 - Should I fill out the form I-130 to petition for her and submit it with the Adjustment of Status Package ? -
No, you have no business filling out an I-130 for your spouse.
2 - Do we need form I-131 advanced parole at all ?
Optional
3 - Should each of us have separate bank statements ? If yes, how much per person would suffice in average ? If no, should the bank statement be in my name and how much ? (we have separate bank accounts)
- Separate bank statements not necessary. Be ready to demonstrate you both have a combined income that is 125% above poverty level, so for a family of two, be ready with evidence showing a combined income of $19,387.
4 - Do we need to have the affidavit of support (i.e. form I-134) ? If yes, should it be in my name or her name ? (I am the lottery winner. The instruction form for I-485, page 4, item 11, part A has made me confused)
- An affidavit of support is not necessary if you're able to prove an income above the poverty guideline. If your combined income does not meet this requirement, then an affidavit of support will help. It has to be issued in your name as the principal applicant, she will be listed on it as your dependant.
5 - I can't find the form I-797 anywhere on USCIS website to include in the package. Is this the form that USCIS exclusively issues after they receive our application package ?
- It's not a form you fill out, it's issued by USCIS, it's not applicable to you at this stage.
Thanks to everyone of you sharing your experiences with people like us. Also, I sincerely thank "Sm1smom" for the great mental support and informative posts. Great Spreadsheet! You rock!