Filling for conditional green card questions

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samw5

New Member
I'm a foreign national with an H1-B visa and recently got married.

My wife and I are filling for me to obtain permanent residence. We're doing the process ourselves but we have a few questions regarding the forms.

1) do we need to file the I-765 for EAD... nothing mentions H1-B holder on the form and my visa is still perfectly valid (still employed).

2) same question for the I-131, do I need to file it (I'm not planning on travelling any time soon but in case of emergency)? should we rather wait for the I-797C to return then file for the I-131 in case needed?

3) on the I-864, under the household size the total household number comes to 3 for the 2 of us... is this correct?

4) should I also file the I-864A for myself. My wife is a nurse, so I believe that she will meet the financial requirements but would my income/assets provide additional support to help our case or is it simply not needed?


Thanks in advance for any help you guys can provide.
 
1) not sure on this but if H1B is valid probably no need for I765.
2) just apply for it, no filing fee and if an emergency comes up, you can travel (nothing to lose, lots to gain)
3) you've counted someone twice if it is just the 2 of you. No-one should be counted twice
4) If you're wife's a nurse, its hard to imagine she would not meet the requirements. If she meets them you don't need to count your income/assets. (you can if you want, but it won't affect your case)
 
samw5 said:
Page 14 of the I-864: http://www.uscis.gov/files/form/I-864.pdf

First line... 1 for the sponsored immigrant (me).
Second line... has a 1 already entered...
Third line... 1 if you are married...

h. household size is 3!

Isn't that right?
Click to expand...

The first line should have all the people you are sponsoring - which is 1 (you).

The next lines all fall under the category "Persons NOT sponsored in this affidavit". So, the second line has a one because your spouse is not sponsoring herself. Line three should be blank - yes it says to enter one for the spouse, but that would ONLY be if she was not sponsoring her spouse. Remember, this is all under the category of "Persons NOT sponsored in this affidavit".

The result would be 2.
 
samw5 said:
Page 14 of the I-864: http://www.uscis.gov/files/form/I-864.pdf

First line... 1 for the sponsored immigrant (me).
Second line... has a 1 already entered...
Third line... 1 if you are married...

h. household size is 3!

Isn't that right?
Click to expand...

no.

If one of the beneficiaries is the spouse this person counted in 21a, 21c is not relevant in that case. You would be counting the spouse twice. Line 21c is only relevant if this affidavit is used to sponsor "non-spouses" (e.g. parents, in which case the spouse STILL count in the household, but not as beneficiary). I understand it is confusing, the instructions could be a little more clear, but if you enter "1" in 21a and 0 in 21c you will be fine.
 
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