Out of status

[kenttina]

Hi, everyone,

I will be in oath next week to be US citizen. Now I am preparing for my wife GC card. I plan to submit her application right after I get my US citizen certificate.

We married in 2002 when I was still greencard holder. My wife came to US with F-1 student visa with her son (from her previous marriage, 13 years old now, F-4 visa) in 2004. Because she was having our new baby, she quit the school and is now out of status. The questions:

For her application documents based on USCIS website:

1. I-130 and I-864 are needed. Does she need file I-485 form? If so, should we file I-485 with I-130 and I-864 together? When I read I-485 form, it seems people out of status should not file I-485. Do I misunderstand?
2. I see some people fill G-325A with I-130. Do we have to fill G-325A for both of us?
3. Do I have to file a separate I-130, I-864, and I-485 for my stepson, and mail them with my wife documents together?
4. As I understand, she will get permenant GC (no temperary GC) once she is proved because we have been married for 5 years, is it right?
5. We will file I-765 for Employment Authorization, no plan to travel, so no need for advance parole. What other form do we need file?

Thanks.

Kent/Tina

 

[myredskins]

Hi, everyone,

I will be in oath next week to be US citizen. Now I am preparing for my wife GC card. I plan to submit her application right after I get my US citizen certificate.

We married in 2002 when I was still greencard holder. My wife came to US with F-1 student visa with her son (from her previous marriage, 13 years old now, F-4 visa) in 2004. Because she was having our new baby, she quit the school and is now out of status. The questions:

For her application documents based on USCIS website:

1. I-130 and I-864 are needed. Does she need file I-485 form? If so, should we file I-485 with I-130 and I-864 together? When I read I-485 form, it seems people out of status should not file I-485. Do I misunderstand?
2. I see some people fill G-325A with I-130. Do we have to fill G-325A for both of us?
3. Do I have to file a separate I-130, I-864, and I-485 for my stepson, and mail them with my wife documents together?
4. As I understand, she will get permenant GC (no temperary GC) once she is proved because we have been married for 5 years, is it right?
5. We will file I-765 for Employment Authorization, no plan to travel, so no need for advance parole. What other form do we need file?

Thanks.

Kent/Tina

Here is the needed list. So just read the instructions and you are good.

1. Petition for Alien Relative (USCIS Form I-130)

2. Application to Register Permanent Residence (USCIS Form I-485)

3. Biographic Information (USCIS Form G-325A)

4. Affidavit of Support (USCIS Form I-864)

5. Permission for Work Authorization (Optional) (USCIS Form I-765)

6. Medical Examination Results (USCIS Form I-693)

7. Request for Travel Documents (Optional) (USCIS Form I-131)

8. The appropriate supporting documents

9. The appropriate filing fees

 

[dr_lha]

1. I-130 and I-864 are needed. Does she need file I-485 form?

Yes!

If so, should we file I-485 with I-130 and I-864 together?

Yes, they all need to be filed together to the Chicago Lockbox in the same envelope.

When I read I-485 form, it seems people out of status should not file I-485. Do I misunderstand?

You obviously did misunderstand! It doesn't matter that your wife is out of status because that is "forgiven" if married to a US citizen.

2. I see some people fill G-325A with I-130. Do we have to fill G-325A for both of us?

Yes, for both of you for the I-130, and for your wife for the i-485.

4. As I understand, she will get permenant GC (no temperary GC) once she is proved because we have been married for 5 years, is it right?

Correct, she will get a 10 year Green Card.