newbie questions - filling I-130, I-485

gc4wf

Registered Users (C)
I’m preparing for wife’s (she is in US) GC application. I have read the step-by-step instructions from http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 but still have some questions.

1)I live in NY, should I send both I-130 and I-485 to USCIS P.O. BOX 804616, Chicago, IL, 60680-1029 by USPS?

2)Should I file both I-130 and I-485 together?
How to put the forms and supporting docs? Should I put them all together in one envelope or put them in separate envelopes then put in one envelope?

3)How to write the check? Should I write $355 for I-130 and $1010 for I-485 in separate checks or $1365 in one check?

4)I haven’t filed 2007 tax return yet. Is 2007 tax return abstract from IRS required for I-864 or 2006 abstract and a filling copy from accountant is OK?

5)What are the differences of I-864 and I-864EZ? Should I just file I-864EZ?

6)Is the receipt notice good enough to renew driver license or have to use EAD?

Thank you for your help

p.s.afraid to confuse other users, I put the question 5) back.
the answer for 5) can also be found at: http://www.immigrationportal.com/showthread.php?t=275749
 
Last edited by a moderator:
I'm going to answer the questions that I know...someone else will provide the rest of the answers.


I’m preparing for wife’s (she is in US) GC application. I have read the step-by-step instructions from http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 but still have some questions.

1)I live in NY, should I send both I-130 and I-485 to USCIS P.O. BOX 804616, Chicago, IL, 60680-1029 by USPS?
If you are a GC holder, just file 130 and wait for the approval notice, then file 485. If you are a citizen, file everything together. There are other forms you need to file as well. Affidavit of support, and medical exam, check the forum for all the forms you need to file.


2)Should I file both I-130 and I-485 together?
How to put the forms and supporting docs? Should I put them all together in one envelope or put them in separate envelopes then put in one envelope?
Its really up to you, i filed eveyrthing inside one folder.

3)How to write the check? Should I write $355 for I-130 and $1010 for I-485 in separate checks or $1365 in one check?

4)I haven’t filed 2007 tax return yet. Is 2007 tax return abstract from IRS required for I-864 or 2006 abstract and a filling copy from accountant is OK?

5)What are the differences of I-864 and I-864EZ? Should I just file I-864EZ?

6)Is the receipt notice good enough to renew driver license or have to use EAD?

Thank you for your help
 
1. Yes.

2. Put them in one envelope. Separate them by tabs if you want to make it easy to read. Two-hole punch the top and accu fasten the I-130 and I-485 separately with all their supporting documents. Or, just paper clip them separately and stick them in an envelope. :)

3. Separate checks.

4. Only submit copies of filed returns. I suppose they might still let you get away with 2006 but don't know. At this stage last year we decided to file taxes first, then the AOS.

5. If you qualify for EZ then file EZ. Are you basing the income to qualify for the 125% poverty line on salary that's reported to you on W-2, then you can use EZ (there are some other restrictions which I don't think apply to you).

6. Probably depends on your state.
 
#6, You will need a Social Security Number and Proof of legal status for the Drivers License. Neither EAD or Receipt of EAD are proof of legal status.

The EAD stands for Employment Authorization Card.

I do not understand what you mean by "apply for the EAD for your over seas husband" explain the situation.
 
sweetcitywife, EAD is a temporary employment authorization while the AOS is pending. If your husband goes through CP, he'll already be authorized to be employed when he's admitted as a permanent resident here. (If he comes on K-3 then he'd file for AOS and EAD after he arrives.)

The EAD ain't gonna authorize him to work in the foreign country while waiting for CP. :p
 
Thanks PraetorianXI

Once I file I-485 for her, she has AOS status, right?
Is I-485 receipt notice a Proof of legal status?

thanks
 
Thanks PraetorianXI

Once I file I-485 for her, she has AOS status, right? She will be "AOS Pending" status.
Is I-485 receipt notice a Proof of legal status? Yes. But some agencies, such as SSA or the DMV, may give you a hard time when it comes to using it for getting benefits from them. It will work well for proving that you are legally present for immigration purposes to USCIS.

thanks

You can try getting an SSN or DL from them, but since the receipt does not explicitly say "you are legally present". You may find several clerk that do not know anything...
 
Top