Help with forms!

D

Douglas1

Registered Users (C)
My spouse and I were not married yet when she entered the US legally as a visitor in 2003, got to change status to H1B in 2004 valid for 2 yrs a year later. She moved to another company and was AOS since 2005. She has been working even with her H1B expired and paying taxes without the being found out by the employer. Now, married, we would like to get her the correct papers.
Questions:
1. Is this case eligible to submit i-130 and i-485 together/ at the same time?
2. In filing i-485 with i-765 employment authorization, do we also pay the $380 fee?
3. On i-130 part C #14, "date authorized stay expired" as shown on I-94.. do I write the i-94 expiration after the H1b was approved? or when she entered the US?
4. She worked her company who did not know her true status, do we write the company name on the G-325A? Will the company get in trouble because of this?
5. Do we need to complete i-485i?
 
@ Poster

1) If you are a US citizen, the answer is yes.
2) No. The fee for I-765 is included in that of I-485 for concurrent filing.
3) Write the latter but submit both documents: first I-94 and H1B approval document.
4) Do not lie. Be truthful on the form.
5) What is I-485i?
 
induz

He doesn't need the form. Try and research further. Did you file the form with your applications?
 
yemroy said:
induz

He doesn't need the form. Try and research further. Did you file the form with your applications?
Click to expand...

yemroy

You are correct! My bad! I will delete my post. Don't want to misguide the OP. Thanks for pointing that out.
 
Last edited by a moderator:
You must pay the $380 filing fee only if you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007. Since your spouse's H1B has already expired you need not pay the additional filing fee.You may be eligible to file this form electronically, just check out the criteria and then proceed.
 
Thank you all so much for your help. Will look up on filing electronically. Otherwise, I'm almost ready to mail everything tomorrow. I will let you know how mine will go. Again, you have all been helpful. Thank you very much!
 
We're double checking everything before we submit and we're not sure on a few parts.
1. on I-864 #25, what do I write? My wife and I filed our taxes jointly so the amount on the 1040 adjusted income is our combined income. (remember, she accepted work w/o authorization but have SS#)
2. on I-765 #15, what do we write as her current status?

Thanks again.
 
Douglas1 said:
We're double checking everything before we submit and we're not sure on a few parts.
1. on I-864 #25, what do I write? My wife and I filed our taxes jointly so the amount on the 1040 adjusted income is our combined income. (remember, she accepted work w/o authorization but have SS#)
2. on I-765 #15, what do we write as her current status?

Thanks again.
Click to expand...

-First of all, since you are a US citizen, the fact that she worked without authorization will be forgiven by USCIS as long as she does not have a criminal record or anything bad on her record.
-You also dont have to pay a fee for I-765 since you are sending the forms now and its after 2007. This is a different category(C 09) as compared to H1B.

1. Since you are married, write the combined income in #25 and provide a tax transcript or a copy of tax return plus W2s. Make sure that you dont list her income on #24b otherwise you will get an RFE to show USCIS that her income was earned legally.

2. Write H1B overstay or Out of status.
 
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