Have questions about process

[dhlunar]

Hi,

I am going to be sending in documentations for my wife soon that is already here on another status. But, I have a couple of questions...

1. Does USCIS approve the I-130 before they even start looking at the I-485, and if so does it add time?
2. If I have to use a joint sponsor (for the I-864) does that look bad on the application?
3. Will my wife be able to continue working under the terms of her current status until a decision has been made on her application?

Thanks

 

[LucyMO]

1) if you are a USC, they are processed at the same time
2) no
3) what is her status?

 

[dhlunar]

1) if you are a USC, they are processed at the same time
2) no
3) what is her status?

Thanks for the response.

Her current status is G-4 because is an employee at an recognized international organization. The instructions state that she has file two more forms in order to get out of that status, but we want to make sure that she can still be consider a "G-4" until she gets approved for her GC.

 

[Jackolantern]

G-4 visa to green card via adjustment of status! That is an interesting question.

I'm sure her G-4 status can be maintained until green card approval if she goes for consular processing instead of adjustment of status. But pursuing the green card via AOS raises other complex questions, like at what stage her current status will be revoked... it might happen when they process those two other forms, rather than at the end when AOS is approved. And if she leaves the US after filing for adjustment of status and attempts to reenter, it is likely the G-4 status or the AOS process will be canceled.

It's a pity you can't call USCIS and get a reliable answer, because those who answer the phones are so poorly trained that you're likely to get a grossly wrong answer for such an unusual question.

Will she lose her job when she loses the G-4 status? Even if she has work authorization via EAD or the green card? If she can continue in the same job, her income can be included for the affidavit of support, thus making the joint sponsor unnecessary. Unless there is a specific ban on including income from such diplomatic/intergovernmental jobs.

 

[dhlunar]

Thanks for all of the responses. My wife will speak with her visa office at work tomorrow.

Ok, now I have questions about the I-130.

1. I have a passport card, can I use a copy of that instead of a passport book?
2. Question 14 regarding the date authorized to stay expire as shown on I-94, is D/S acceptable?
3. Question 17 is in the information about your relative. It ask for your relative (which I believe means my wife) to list husband/wife and all children of your relative. Do I still put myself down, as husband, even though I am the one that is making the petition?
4. Question 19 ask for my relative's address abroad, is that still necessary even if they are in the US?
5. Question 21 ask for the last address at which we lived together. We are living together now and have been before we got married for the last 3 years. Can I use our current address? We haven't lived at another address together before.

A question regarding the medical exam form. How far in advance can it be done to still be accepted?

Thanks

 

[Jackolantern]

1. I think so, but not sure. But don't you have a naturalization certificate or US birth certificate?
2. Yes.
3. Yes, list yourself. They use "relative" because the I-130 may be used for other family members such as parents and children.
4. If your spouse will file for adjustment of status, don't list the address abroad. Note that adjustment of status may be inadvisable or complicated due to the issues with transitioning from G-4, especially since it may be impossible to maintain G-4 status all the way until AOS approval. If consular processing is chosen for question 22, an address abroad needs to listed for question 19 (even if she doesn't really live there), as that address will be used for communication with the consulate. A relative or friend's address will suffice.
5. Last address means the latest address, not the previous address. That would be your current address, if currently living together.

The medical can be done up to 12 months before filing for adjustment of status. However, if the consular processing is pursued instead, she would do the medical based on when the consulate requests it.

 

[dhlunar]

Thanks all for the response. I was able to talk to someone on the phone yesterday at USCIS but I think I knew more then they did. Also, my wife spoke with the visa office and they said that she would need to first get something from the Department of State which can take up to 6 weeks.
So, my next question is: If we have to wait 6 weeks in order to file the I-485, but I have the necessary information to file the I-130. Can I file the I-130 now, and include a copy of the I-797 Notice of Action with the I-485 even if the petition is still pending? Or should I just wait?
My wife would like to know what recourse if any if she waits to file for a GC? Besides possibly not having to deal with conditional, would USCIS look at our case negativly if she waits to apply (even though she will remain in-status the entire time)?
We just got married recently, and I argued that if she attempts to enter the country on a non-immigrant visa and CBP finds out that she is married to a USC that they might classify it as intended immigrant on a G-4 non-immigrant visa and may deny her admission to the US.

 

[Jackolantern]

Thanks all for the response. I was able to talk to someone on the phone yesterday at USCIS but I think I knew more then they did. Also, my wife spoke with the visa office and they said that she would need to first get something from the Department of State which can take up to 6 weeks.

Will that "something" from DoS result in losing her G-4 status and/or diplomatic privileges?

So, my next question is: If we have to wait 6 weeks in order to file the I-485, but I have the necessary information to file the I-130. Can I file the I-130 now, and include a copy of the I-797 Notice of Action with the I-485 even if the petition is still pending? Or should I just wait?

Yes, you can file the I-130 now, and then file the I-485 later attaching a copy of the I-130 receipt notice.

My wife would like to know what recourse if any if she waits to file for a GC? Besides possibly not having to deal with conditional, would USCIS look at our case negativly if she waits to apply (even though she will remain in-status the entire time)?

There is no obligation to apply immediately if she has some other legal status. In fact, in cases where the immigrant spouse has another legal status like H1B, some couples deliberately wait a couple years so that when the card is granted it will be an unconditional 10-year card instead of a 2-year conditional one. USCIS will not look at your case negatively because of the delay in filing, especially if legal status was maintained all along.

We just got married recently, and I argued that if she attempts to enter the country on a non-immigrant visa and CBP finds out that she is married to a USC that they might classify it as intended immigrant on a G-4 non-immigrant visa and may deny her admission to the US.

Using the G-4 to travel outside the US and return is a risk, especially if the I-130 has been filed and the I-130 indicated adjustment of status. And after the I-485 is filed, the G-4 is completely useless for travel ... she would need to secure an approved Advance Parole to travel outside the US and reenter while the I-485 is pending. Re-entering with Advance Parole would certainly void the G-4. So if she intends to travel outside the US before green card approval, she definitely will not be able to keep G-4 status all the way until the green card is approved.

 

[TheRealCanadian]

Will that "something" from DoS result in losing her G-4 status and/or diplomatic privileges?

Absolutely. Aliens in A or G status who seek to adjust need to surrender their diplomatic immunity before they can do so. I believe that gets submitted along with the I-485, but I'm really quite unfamiliar with the logistics of A/G cases.

 

[dhlunar]

Absolutely. Aliens in A or G status who seek to adjust need to surrender their diplomatic immunity before they can do so. I believe that gets submitted along with the I-485, but I'm really quite unfamiliar with the logistics of A/G cases.

The form you are referring to is the I-508. She doesn't have any diplomatic immunities so it is not a big deal. What she needs to get is an ID number from the state department. According to what I found in the INA and heard from others she won't officially lose her G-4 status until a decision has been made on her GC application.

My issues is now is the I-485 application states that she can't file to adjust status unless she files a I-508 and a I-566. The USCIS call center is saying that she needs certification on the I-566 or she can't adjust status. The I-566 instructions state if going to immigrant to send directly to USCIS and that a favorable recommendation from the State Department is not needed. My wife's visa office is saying that she just fills out the form and sends it directly to USCIS and there is nothing that they need to do.

If we make an infopass appointment to our local USCIS DO before we file to get information and clarification regarding these forms, can we or do we need to spend big $$$ and talk to a lawyer?

 

[Jackolantern]

The form you are referring to is the I-508. She doesn't have any diplomatic immunities so it is not a big deal.

So why is it so desirable to keep G-4 status all the way until the AOS is approved? Is it exemption from US taxation? If that is the reason, are you sure the income during G-4 status won't become taxable to the US government anyway, as a result of becoming a permanent resident during the tax year?

If we make an infopass appointment to our local USCIS DO before we file to get information and clarification regarding these forms, can we or do we need to spend big $$$ and talk to a lawyer?

For an uncommon situation like this, do both (but make sure the lawyer has experience with this kind of visa). The lawyer shouldn't cost much more than $200, maybe $300 for a one-hour consultation.