Green Card throuh Biological Parents or Wife?

1) Given the complications of my case, would you recommend getting an attorney. Got laid off so I prefer not to financially. Filing from California.

2) We don't have access to my wife's G325-A that her mom used when filing for her Permanent Residency. Any harm if there is a discrepancy in the "Last Address outside the United States of more than 1 year" field between what we enter now and what was entered earlier? She has had her citizenship for the last eight years.

3) In Part 5 of the 485, it mentions Registration with USCIS and informing of change of address. I believe I am registered as I came on a valid visa. As for change of address, after I went out of status in 2003, I have not kept USCIS upto date. Will this cause any issues in my case?
 
1. There is nothing particularly complicated about your case if you apply based on your wife's petition. Don't bother with an attorney if it's going to hurt financially. Just make sure to take a copy of all the forms before sending them in, so you can check them again for mistakes and update the interviewer if necessary.

2. Your wife doesn't know her own last address of more than 1 year outside the US? Can't she ask her mother for that address?

3. File AR-11 ASAP to update them of your new address.
 
Thanks Jack.

Regarding, asking my wife's adopted mom, she is nervous to tell her she is filing as there has been a lot of bad marriages in her community for immigration sake.

On AR-11 will this not trigger USCIS of me being out of status?
 
Simon2011 said:
Thanks Jack.

Regarding, asking my wife's adopted mom, she is nervous to tell her she is filing as there has been a lot of bad marriages in her community for immigration sake.
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What does your wife's mom have to do with this? The form asks about your wife's last address outside the US, not her mother's address. Why doesn't your wife know her own last foreign address? Did she move to the US as a young child? Surely she remembers at least the country and city? If it was very long ago, country and city will be sufficient.

On AR-11 will this not trigger USCIS of me being out of status?
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No. But failure to file it before submitting the I-485 could cause trouble.
 
Thanks Jack.


As for AR-11, I was planning on putting I am in the US as a "Other" and in the "if other specify" field, "h1 expired, filing petition via us citizen spouse". Do you see any issues with this?

Also, when asked for an A#, the closest I have is the A# from my practical training (OPT) days as a student. Should I put this as my i-94# number won't fit here. Also, I have read on some blogs to include my A# from my OPT days to make the process faster. Should I include it here or on the other forms?
 
Simon2011 said:
As for AR-11, I was planning on putting I am in the US as a "Other" and in the "if other specify" field, "h1 expired, filing petition via us citizen spouse". Do you see any issues with this?
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You don't file the petition, your USC spouse does, and a petition itself doesn't give you any legal status. It would be better to write "H1B, applying for AOS via US citizen spouse".

Also, when asked for an A#, the closest I have is the A# from my practical training (OPT) days as a student. Should I put this as my i-94# number won't fit here. Also, I have read on some blogs to include my A# from my OPT days to make the process faster. Should I include it here or on the other forms?
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Definitely don't write the I-94 number. It is a different thing and the form doesn't ask for I-94 number. You can write your OPT A# there, although for your case it's optional since that A# won't be used again for you. They'll assign a new one for the I-485 process. Although some feel if you provide your OPT A#, they'll be able to locate and consolidate your old file more easily (some people ran into delays when the interviewer didn't have their old A-file available).
 
Thanks Jack!

On the i765, employment authorization application, it asks if one has received an EAD before and to provide a copy of it. This will have my A# from my OPT days, so it does not look like I can get around it for better or worse.
 
Providing a copy of your EAD is for renewals. You don't need to provide a copy of a years-ago EAD that was of a different type (i.e. tied to your F-1 and strictly for OPT, whereas the current application is tied to an I-485 and without the OPT restrictions).
 
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