help about filing I-1130 and I-485

J

jasrin

Registered Users (C)
Hi ! I have a friend thats needs help in filing for a petition for his wife and step daughter.

He is a US Citizen, they got married last month and his wife is currently working in a US territory while the step daughter is in Philippines. He is going to file a petition for both, but he will not be the one to give them affidavit of support instead the cousin of his wife,who also US citizen and resides in Cali.

1. Is it possible to petition his family even if he is not the sponsor (maker of affidavit of support)?

2. Since he is not the sponsor or he is not the one that will give them affidavit of support, does he need to be with the wife at the time of the interview? My friend is in California, and the wife is currently in US territory.

We will appreciate any response> Thank you
 
HE MUST FILE AFFIDAVIT OF SUPPORT. Even if his income for the previous year was zero. Whether he meets the income in accordance with the PG or not, he is the petitioner and the sponsor as well, signing the I-864 is manadatory. Family members and friends can be joint sponsors if he is below the required income.
Also he must be at the interview because he is the petitioner.

There's no such thing to file a petition, but not to be a sponsor. The one corelate with the other at 100%. In the worst case he can risk their adjustment if he doesn't file I-864 as well. One of the things they will check is if the petitioner has signed an Affidavit.
Good luck. Where did your friend get this misinformation, that somebody else can sign I-864? Yes somebody else can, but only as joint sponsor, or household member. or he can combine his income with he's wife's income (and his wife's filling I-864A. But ...Good luck to your friend
 
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I agree with everything NBC said
I do however have a question about this?

NBC_June04 said:
or he can combine his income with he's wife's income (and his wife's filling I-864A. But ...Good luck to your friend
Click to expand...

For the I-864A, isnt this for household members if his wife doesnt live with him i dont think she can use this, unless they filed a joint tax return. What do you guys think am i right or wrong
 
filinf I-130 and I-485

To Gatorlink and NBC :) ,

Thank you very much for the information. They have another question, can they submit the I-130, I-485 and the other requirement such as the Affidavit of Support at the same time or they have to wait first until they are told to do so.

I am new here at this immigration forum and you really guys do a very great job helping other people filing their application. Thanks again.

Jasrin
 
gatorlink said:
I agree with everything NBC said
I do however have a question about this?



For the I-864A, isnt this for household members if his wife doesnt live with him i dont think she can use this, unless they filed a joint tax return. What do you guys think am i right or wrong
Click to expand...
I really can't tell about this situation, since I-864 A is for household members so they must live together. I am not sure. Sorry man. Give a call to the 800-...
 
jasrin said:
To Gatorlink and NBC :) ,

Thank you very much for the information. They have another question, can they submit the I-130, I-485 and the other requirement such as the Affidavit of Support at the same time or they have to wait first until they are told to do so.

I am new here at this immigration forum and you really guys do a very great job helping other people filing their application. Thanks again.

Jasrin
Click to expand...
Yap they file everything together. All the docs.

Petition for Alien Relative (USCIS Form I-130)
Application to Register Permanent Residence (USCIS Form I-485)
Biographic Information (USCIS Form G-325A)
Affidavit of Support (USCIS Form I-864)
Permission for Work Authorization (Optional) (USCIS Form I-765)
Medical Examination Results (USCIS Form I-693)
Request for Travel Documents (Optional) (USCIS Form I-131)
The appropriate supporting documents
The appropriate filing fees,
since ghe's a citizen. Good luck
 
filing petition for the daughter

Thank you NBC for your reply. Sorry to bother you again, This time please help us finding what forms should we fill up for the daughter who is 15 years old and she's in the Philippines, is it the same forms like for the spouse?

Thank you very much again. :) :) :)
 
gatorlink said:
The daughter should just be included on the same I-130 and I-485 that is used for his wife
Click to expand...
I dont want to throw you in weak suggestions here, because I haven't gone through that. I am telling you what I know from what I recently have gone through. I know for sure she must be included as a dependent of the sponsored immigrant. Otherwise it can screw up and complicate the whole process for the kid later. Her age 15 is perfect. However since she is not in the USA, I am not sure if her status can be adjudicated here. I think the kid must be here as well. I really don't wnat to confuse you here, cause I am not competent. Look up the USCIS web site for dependents, or it would be nice if somebody in the forum can answer reasonably.
 
I was so wrong in my last post forgot that the daughter was still in the phillipines. Got this from the I-485 instructions

If the spouse or child is residing abroad, the person adjusting status in
the United States should file the Form I-824, Application for Action on
an Approved Application or Petition, concurrently with the principal's
adjustment of status application to allow the derivates to immigrate to the
United States without delay, if the principal's adjustment of status
application is approved. No I-824 fee will be refunded if the principal's
adjustment is not granted.
 
Filing I-130, I-485 and I-824

To NBC and Gatorlink,

Thank you very much guys! This information will really help them filling up and submitting the necessary documents.

We might bother you again sometime, please be patient with us. Thanks again.

Jasrin

Last one, Can they file all the forms at the same time?
 
A# in I-130 and I-485

My gc through employer is in process (I-140 not yet approved), and I have EAD that expires in July'05. I recently got married to USC and in the process of filling both I-130 and I-485.

These forms ask for A#, should I write the same A# from the existing EAD (which I got because of pending I-485 through employment).

Thanks in Advance.
 
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