I-485, I-130, I-485 & green card... HELP!!

F

fedecento

New Member
intro:
I am an Italian citizen.
I got married in 2001 in US with an American and I have an American citizen daughter since she was born in US in 2004.
thus, I got a Green Card and it will expire in 2015.
Now,
we all moved in Italy in 2010 and I have been living in Italy for more then 3 years now so I think my green card is gone since I did not fill any form as re-entry visa etc..
BIG Question,
I am planning to return in US and I know I have to go through the process all again.
I will file from Italy to the US embassy.
1. should I file for I-130 only?
2. what's the difference between I-130 and I-485?
3. if I get approved for I-130 do I have to file I-485 when in US to be able to work?
4. I need to go alone at first and my wife and daughter will follow 6/12 months after (because my daughter school) CAN I do that or we all need to travel together?
5. IF MY WIFE IS HERE WITH ME AND WILL FILE I-130 HOW CAN SHE BE MY SPONSOR (FINANTIALLY) ? OR THE SPONSORSHIP COMES TO PLAY ONLY IN THE I-485?
6. Basically, if she can not be my sponsor, how the all family can move back to US, if she has not job yet..?
sorry for all these questions, but I am trying to figure out before starting to submit all the forms and paying all the fees..
MANY THANKS,
Federico
 
1. Yes. But it should be filed with a USCIS office in the US, with a US address provided on the I-130, unless the embassy in Italy allows DCF (Direct Consular Filing). Contact them to ask about that (they also have certain criteria for DCF such as the US spouse must have lived in Italy for a certain number of months, which shouldn't be a problem in your case).

2. I-485 is filed in addition to the I-130 if you are going to stay in the US to pursue the green card via adjustment of status. Since you would be pursuing a green card outside the US via a consulate, you won't file I-148, but later in the process you'll file DS-230 or DS-260.

3. N/A because you won't file I-485.

4. At the time of the interview they probably will want evidence that your wife is living in the US, or at least some evidence of re-establishing residence there such as an apartment lease or home ownership or job offer. So that means she would have to go to the US first.

5. Your wife will have to fill out an I-864 form (Affidavit of Support) regardless of her finances, because she is the petitioner. Without her having a job in the US, you would also need a US-based joint sponsor to file another I-864, or if you have sufficient assets (both you and your wife combined), you can use assets in lieu of the income requirement. For marriage to a US citizen, every $3 of assets offsets $1 of income shortfall. For example if the income requirement for your household size is $25,000, having $75,000 would be enough to satisfy the I-864 requirements with zero income.

However, if you worked long enough in the US to accumulate 40 credits for Social Security, which is likely if you worked in the US every year from 2001 to 2010, you would be exempt from the I-864 and would file I-864W instead.
 
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