Hello friends. We are filling out forms for our marriage based GC application and are confused for some of the sections and want to be sure that we are not making any mistakes. We tried searching for answers, samples etc but were getting sometimes conflicting information on various forums. Would really appreciate if the forum members and those who have recently filled these forms could help us out
So here goes:
We would be filing I-130 and I-485 concurrently.
1.) I am the USC spouse. For form I-130 I know for sure I don't need to fill section 14 which asks if you are a lawful permanent resident. However do I need to fill section14b which asks if I gained permanent resident status thru marriage to a USC? I ask because I did and this is my second marriage. But am confused whether section 14b is only for permanent residents?
2.) For Form I-485, what should we tick for Section 2 where it asks I am applying for adjustment to permanent status because:?
Should we tick a.) immigrant petition giving me an immediately available immigrant visa number that has been approved? And also attach copy of I-130 which I would be filling out? Confused because it has not been approved and we are filing concurrently.
or should we tick h.) Other and write concurrent filing of I-130?
3.) Form I-765, my spouse is on a H1 visa presently which has not yet expired.
So should we tick Permission to accept employment OR renewal of permission to accept employment? Because on H1 visa doesnt he already have permission for employment or this is different because of marriage based petition?
Also same form, what should we say for section 11 which asks Have you ever before applied for employment authorization from USCIS? Is this yes or No as having an H1 visa means applying for employment authorization as I see it. But my spouse disagrees and says that should be No!!
4.) Form I-864. We are going to use my spouse's income as I am not presently employed since quite a few months. But I believe I still have to submit this form as the sponsor as I am the spouse. I did file taxes for last year though and they were below the poverty limit. But my spouse has been earning well above the poverty limit since employment. So for section 25 where it asks for federal income tax return info for past 3years, should we list my spouse's taxable income for past 3years or my taxable income for past 3 years? I am really confused here because we both have tax returns for past 3 years separately as we just got married. But we are going to use intending immigrant's income for sponsorship however form has to be filled out by petitioner as main sponsor. So whose tax info lists for section 25?
Thank you friends for your time reading through all this.
So here goes:We would be filing I-130 and I-485 concurrently.
1.) I am the USC spouse. For form I-130 I know for sure I don't need to fill section 14 which asks if you are a lawful permanent resident. However do I need to fill section14b which asks if I gained permanent resident status thru marriage to a USC? I ask because I did and this is my second marriage. But am confused whether section 14b is only for permanent residents?
2.) For Form I-485, what should we tick for Section 2 where it asks I am applying for adjustment to permanent status because:?
Should we tick a.) immigrant petition giving me an immediately available immigrant visa number that has been approved? And also attach copy of I-130 which I would be filling out? Confused because it has not been approved and we are filing concurrently.
or should we tick h.) Other and write concurrent filing of I-130?
3.) Form I-765, my spouse is on a H1 visa presently which has not yet expired.
So should we tick Permission to accept employment OR renewal of permission to accept employment? Because on H1 visa doesnt he already have permission for employment or this is different because of marriage based petition?
Also same form, what should we say for section 11 which asks Have you ever before applied for employment authorization from USCIS? Is this yes or No as having an H1 visa means applying for employment authorization as I see it. But my spouse disagrees and says that should be No!!
4.) Form I-864. We are going to use my spouse's income as I am not presently employed since quite a few months. But I believe I still have to submit this form as the sponsor as I am the spouse. I did file taxes for last year though and they were below the poverty limit. But my spouse has been earning well above the poverty limit since employment. So for section 25 where it asks for federal income tax return info for past 3years, should we list my spouse's taxable income for past 3years or my taxable income for past 3 years? I am really confused here because we both have tax returns for past 3 years separately as we just got married. But we are going to use intending immigrant's income for sponsorship however form has to be filled out by petitioner as main sponsor. So whose tax info lists for section 25?
Thank you friends for your time reading through all this.