I-130, I-485 with marriage questions.

[jamnik_pucek]

Hello there.

My situation is as follows: 4 months ago, my now wife gave birth to our son. I have entered the US on a B2 visa 2 months earlier after being held up in my home country. We have agreed that we will first see through the pregnancy and get settled in with the baby then look into our options as far as finalizing our living together (we have lived together in both the US and my home country for various periods of time, usually being no longer then 1 month apart). We got married in the US, as the process is way quicker then it would be back home and ultimately decided that we will try for a green card for me. I know I will have to explain this (Getting married and filing AOS on a B2 Visa) to the Immigration people, but if we wanted to do it "by the book", I'd need to go back to my home country and wait for a immigration Visa there, keeping me away from my wife, my baby and stranding her alone with a newborn child. We could not get married before the baby was born as her divorce was still finalizing after a lengthly court mess with her ex husband. The finalization divorce papers literally came in the mail a week before my wife went into labor (we got together when they were separated, but said separation had nothing to do with me).

At any rate, I have started my preparations for filing I-130, I-485 and accompanying docs and it has been a string of small disasters for me as far as extracting proper documents goes, but I think I should be ready for filing finally, I do have a few questions though:

1. My blood-work, the final requirement for the medical exam (which was done in a separate facility then the rest of my medical tests) will come back on December 9th, while my I-94 on my B2 Visa expires on December 10th. If I hustle, I should be able to send the docs to the Chicago Lockbox on the 9th, but realistically speaking they will be filed after my I-94 expires and my B2 gets shot due to an overstay. If I am not mistaken there is a grace period/condition for spouses filing I-485s on an expired B2, right? Should I mark that on the form (using the "B2 overstay" as some people have suggested on other forums I read), or just mark myself as a B2 with the overstay being obvious due to the date?

2. I have a huge check list with all the required document information, based on the instructions on all the forms that I could find, I take it the Immigration people wont mind if I spell out every little document that I file. I have read the filing faq on these forums and will follow them, I am just asking that if including stuff and writing that is not explicitly requested will in any way hinder me, or be treated like garbage (by the "extra" docs I mean the checklist, I also plan to write a letter with my wife explaining our situation in detail which is not explicitly requested, but considering me filing for AOS on a B2, it can't hurt I think.)

3. Finally, this is confirmed by the instructions for the I-485, but I prefer to check just to be sure. Will a cover letter (written by either my wife or her sister) and a copy of the birth of certificate for our son (with me establishing paternity) will be enough as the "initial evidence"? The I-485 instructions state that I only need one piece of initial evidence, with the rest being requested for our interview, but I prefer to double check.

Thanks!

 

[BigJoe5]

jamnik,

You have a much more easy case than you think. The prima facie filing requirements for filing as the Immediate Relative of a USC is to have a lawful entry (its OK if it expires) and a valid relationship (legal marriage) upon which you can concurrently file a petition which provides an "immediately available" immigrant visa. INA 245(a)

One thing you did not mention---she didn't immigrate her ex-husband, did she?

You should avoid missing any required evidence in the initial filing, if at all possible. That just causes an unwanted delay for you. You need evidence of termination of any and all prior marriages of both of you, as applicable. Proof of current marriage, proof of her citizenship, proof of your identity (birth cert), she has to file an I-864 even if she has zero income and assets (joint sponsors and co-sponsors are OK and if you are independently wealthy you can file an I-864W). Your child's B/C is great to get in the record up front.

Remember this phrase "...in the best interest of our child..." Use that phrase liberally in your letter explaining your chronology of events when you explain how life painted your into a corner and you saw this course of action as the only way to proceed..."in the best interest of our child.".

A list of the evidence accompanying each application package is useful. The I-131 and the I-765 each need their own copies of any required evidence as cited in their instructions. Each of those forms with their evidence and minimal cover letter merely listing the items of evidence attached, will be seperated. The I-485, I-130, I-864, I-693 and all associated evidence will be placed in your newly created A-file (it really stands for Administrative file but everyone calls it an Alien file). Make a note of that A# that they assign you, memorize it if you can, you need it forever (even after you naturalize as a citizen).

As far as the evidence you submit with your applications is concerned. Do not send any originals, send regular old black and white copies. Reserve ALL originals so you can present them at your adjustment interview. Anything in a language other than English will need a full English translation. You do not need to spend money to have anything translated or notarized. See the filing tips on the uscis website for the wording for the translator's certification. I advise that YOU do not do your own translations, have a relative or friend do it. If you do it, then any little mistake will be PRESUMED to be an attempt at fraud and misrepresentation and held against you. Don't put yourself in that position.

When your B-2 related I-94 expires do not depart the U.S. until after receiving the I-512 Advance Parole document issued as a result of your I-131. If you file an I-485 and travel without advance parole it is considered as abandonded and denied. Then you have to go abroad and do Consular Processing.

When your I-485 is approved you will get a greencard as a CR-6. The conditional status will last for 2 years from date of approval because your marriage will be less than 2 years old at time of approval. Three months before the card expires, you have to file an I-751 to lift conditions. At that time the validity of the marriage will be checked. If you fail to file or it gets denied then then place you in proceedings before an Immigration Judge. If it is approved, you get a new 10 year card. All your conditional time will then count towards naturalization. If otherwise eligible, you can file for naturalization 2 years, 9 months and 1 day from your "resident since" date on your greencard.

Good Luck,

 

[jamnik_pucek]

Thank you BigJoe5, while I tend to be relatively calm about things, your message does settle me a lot.

You also apparently spared me sending in the I-864 form for my wife that we did not fill out (We have one from her mother who makes more then enough to cover us,my wifes own tax records are still being torn up by the aftermath of the divorce, as her ex pretty blandly stated that he "lost" her tax records, but as far as I have read, I need to just explain the situation and it should not be a big deal, considering my wife's income wasn't that really high to start with and she didn't have to file taxes for 2 of the 3 last years).

I did indeed wanted to argue that our son's (and my wifes in extension) well being is the top priority here and the phrase you suggested seems to do an excellent job of underlining that. While the pregnancy was not expected, after a brief period of getting the news through, we welcomed the "bump" that life offered us, but we had pretty much established what our thoughts on children and pregnancy are before we started our relationship on a "serious" level.

Anyway, thanks for all the information, besides the medical information and the pictures which I intend to take shortly, I think I am all set as far as documents go, but I will double check once I am ready to file with all the lists on the web-page of USCIS.