Need help for filling forms

N

nehasharma

Registered Users (C)
Hi,

My situation is like that I am on F1, married and my husband is on Greencard, soon to become citizen (interview on Jan 19, 2007). We have already filed forms I-130 and G-325 A for both of us when we got married in May, 2006. So I need to file following more forms:

1. I-485 (for my Adjustemnt of Status)
2. I-765 (for EAD, cos' I need to work)
3. I-131 (Advanced Parole document, cos' I may need to travel)
4. I-864 (Affidavit of Support from my husband)
5. I-693 (for my medical clearance)

I will have overstayed my Visa for about 3 months from Nov 3 till feb 3 2007. Is it advisable for me to file advance parole? Will I get work permit easily? How can I update my case status ( from LPR filing to Citizen's spouse)? Can I submit my forms the same day when my husband takes the oath?

Also do my husband needs to worry in his citizenship interview when IO asks about his marrital status and me being out of status. When he filled the form, in spouse column he mentioned my name and status as F1 ( I was in status at that time)..

Sorry for this long post but I really need your help.

Thanks in advance!
 
nehasharma said:
Hi,

My situation is like that I am on F1, married and my husband is on Greencard, soon to become citizen (interview on Jan 19, 2007). We have already filed forms I-130 and G-325 A for both of us when we got married in May, 2006. So I need to file following more forms:

1. I-485 (for my Adjustemnt of Status)
2. I-765 (for EAD, cos' I need to work)
3. I-131 (Advanced Parole document, cos' I may need to travel)
4. I-864 (Affidavit of Support from my husband)
5. I-693 (for my medical clearance)

I will have overstayed my Visa for about 3 months from Nov 3 till feb 3 2007. Is it advisable for me to file advance parole? Will I get work permit easily? How can I update my case status ( from LPR filing to Citizen's spouse)? Can I submit my forms the same day when my husband takes the oath?

Also do my husband needs to worry in his citizenship interview when IO asks about his marrital status and me being out of status. When he filled the form, in spouse column he mentioned my name and status as F1 ( I was in status at that time)..

Sorry for this long post but I really need your help.

Thanks in advance!
Click to expand...

You cannot be eligible for I485-related benefits until your husband is actually a USC and he updates the I130 petition. He is only a citizen when he takes the oath ---- not at an approved interview.

Therefore, until he is a USC and he updates your petition, you should not file I485 and you will not get EAD or AP. You will be out of status until he becomes a USC, you submit the I485 and update the I130.

Be aware that if you accrue 180 days of overstay or more before you can file, you SHOULD NOT leave the US.
 
Thanks a lot Pianoplayer. I will not submit forms on the day of interview but can I do that on the day of Oath and then afterwards he updates the information?

Also One more question. We filed I-130 at california service centre as per instructions when my husband was on GC. But now we have to file rest of the forms at Chicago lock box..is it right??
 
Hi

I am not able to answer all your questions. I think it may be a good idea to consult with a lawyer.

For citizenship interview, take the marriage certificate. They will ask about marital status. They might ask about spouse occupation or whether still a student. I don't think they will want to verify whether spouse has a valid visa. But in your case, they may have the I-130 application with the file

there were a couple of posts which talk about upgrading the I-130

Good luck with the process
 
I researched from the forums about upgrading I-130. So is it advisable that we call 1-800 number to upgrade the petition and then send all the remaining forms along with a cover letter stating that we have upgraded the petition and its still pending and a proof of citizenship the very next day? Has anybody done so and got approved without any problem? Please advice me!

Thanks..
 
nehasharma said:
Thanks a lot Pianoplayer. I will not submit forms on the day of interview but can I do that on the day of Oath and then afterwards he updates the information?

Also One more question. We filed I-130 at california service centre as per instructions when my husband was on GC. But now we have to file rest of the forms at Chicago lock box..is it right??
Click to expand...

Hi:

Your spouse does need to be honest the day of the interview. If he is asked about you, he has to say that you came on your visa. However, he will likely not be asked about the status of your visa and if he is not asked, he should not bring it up. But if he is asked, he has to tell the truth --- do not ever lie to USCIS. BTW, I am not suggesting that you were going to, just emphasizing it.

Once he becomes a USC, you can call to update the petition. You will mail all the new forms to the Lockbox, not the California service center. Do include a cover letter, evidence of his citizenship and a copy of the old I130 petition.

Best wishes.
 
Thanks again painoplayer for all the information. So I do not have to wait for the approval for upgradation (if I call them on 1-800 number). After my husband has taken oath, we can mail rest of the forms to chicago lock box with the cover letter and copy of receipt letter of I-130.

Do I have to submit the same cover letter to my service centre also (california service centre)??

Thanks a lot for all the help..
 
Last edited by a moderator:
One more thing. We have filed I-130 in june n got a receipt notice from USCIS. Is this receipt notice different from approval?? So do I have to follow same procedure to upgrade my petition as in cover letter with all forms and copy of this receipt letter and naturalization proof?

Thanks
 
nehasharma said:
One more thing. We have filed I-130 in june n got a receipt notice from USCIS. Is this receipt notice different from approval?? So do I have to follow same procedure to upgrade my petition as in cover letter with all forms and copy of this receipt letter and naturalization proof?

Thanks
Click to expand...

The receipt notice is not an approval. It just means that they accepted the application and acknowledge the receipt of the application. You will still have to upgrade the I130 petition.
 
Ok. We will upgrade our I-130. Sorry for all these silly questions but I do not want to take any chances.

So we will just send rest of forms with cover letter. Is it necessary to call 1-800 number and wait for their approval before sending rest of the forms?
 
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