Some basic questions from a new member

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BillTheButcher

Registered Users (C)
Hello,

let me first say that I am very glad to have found this site as I am new to all of this stuff and have no idea what I'm doing!

I live in Miami, Florida. I came to US 2 years ago on an F-1 visa. I proposed to my girlfriend who is a US citizen two weeks ago and she said yes.

We are planning on getting married on June 1, which will be on her birthday.

Now, my questions are these:

1.) Is there a wait time that we have to wait until filling for my green card after our marriage? I read about this 30/60 rule on this site, that's why I'm asking.

2.) Affidavit support - my fiancee is currently not employed, we both go to college, she is 19 and I'm 21. So, will this be a problem? Mind I say that if/after my green card is granted, I will be the one who will mostly work, as in, more like traditional marriage that occurs in my culture (husband provides) - of course she is looking for a job and will work, but my point being that I will of course work after my papers gets granted, hopefully and currently, my parents support me financially.

3.) With that being said, how hurtful will an interview be for a young couple like us?

4.) How much would you advise on getting a lawyer? And how much do immigration lawyers cost on AVERAGE - or from your experience?
 
1. The wait time people talk about is the time since your last arrival in the US. If you arrive in the US with a nonimmigrant visa like F1 and then proceed to marry and apply for a green card within a few weeks after arrival, it looks like you intended to immigrate when you entered with the visa.

2. She will have to file an Affidavit of Support even if she has no income. Your income can be counted if it's from legally authorized employment in the US. If you (combined) don't have sufficient income or assets to meet the support requirements, you'll need a joint sponsor who must be a US citizen or permanent resident.

Do you both attend the same college?

You shouldn't need a lawyer for this, unless you have special complications like a criminal record or past immigration violations.
 
A1: When did you last enter the US to resume your studies? Avoid applying for AOS within 60 days of your last entry.
A2: If you intend to use your income, read up I-864 instructions.
A3: Pure speculation at the moment. No point fretting it out.
A4: I really see no need for a lawyer unless you have had criminal or immigration violations in your past.

BillTheButcher said:
1.) Is there a wait time that we have to wait until filling for my green card after our marriage? I read about this 30/60 rule on this site, that's why I'm asking.

2.) Affidavit support - my fiancee is currently not employed, we both go to college, she is 19 and I'm 21. So, will this be a problem? Mind I say that if/after my green card is granted, I will be the one who will mostly work, as in, more like traditional marriage that occurs in my culture (husband provides) - of course she is looking for a job and will work, but my point being that I will of course work after my papers gets granted, hopefully and currently, my parents support me financially.

3.) With that being said, how hurtful will an interview be for a young couple like us?

4.) How much would you advise on getting a lawyer? And how much do immigration lawyers cost on AVERAGE - or from your experience?
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Jackolantern said:
Do you both attend the same college?
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Yes, we both attend the same college.

Jackolantern said:
Your income can be counted if it's from legally authorized employment in the US.
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But F-1 students are not allowed to work, so that's why I don't work nor have worked in the past in US because I didn't want to violate any US laws. My parents from my country wire the money to my bank account every month.

Triple Citizen said:
A1: When did you last enter the US to resume your studies? Avoid applying for AOS within 60 days of your last entry.
A2: If you intend to use your income, read up I-864 instructions.
A3: Pure speculation at the moment. No point fretting it out.
A4: I really see no need for a lawyer unless you have had criminal or immigration violations in your past.
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A1: I originally came to US in May 2011, went back to my country for vacation in May 2012, I returned to resume my studies in August 2012 and have been here non-stop ever since. So, I've been here 7 months since my vacation (8 or 9 months by the time I apply).

A4: No, I haven't had any criminal or immigration violations in past.


PS: thank you guys both very much for answers.
 
1. There is no such thing as a 30/60/90 day rule in the law. The only thing that matters is what was your intent when you last entered. If you did not intend to stay and adjust status, then no matter how short a time it is okay. If you intended to stay and adjust status, then no matter how long a time it will still be fraudulent. If it's been 8 or 9 months, then I think it's believable that you decided to immigrate during this time after you entered. After you marry, you should file as soon as you have all the documents (you'll have to wait for the certified marriage certificate).

2. Yes it will be a problem. F1 students can do limited work on campus, and after graduation can work on OPT. But that is probably not going to help in your case, because it's income right now (at the time of applying, and interviewing) that counts, and you will not be doing OPT by then. You cannot count future work possibilities. So basically you will need to get some of your fiancee's relatives to joint sponsor.

3.

4. Your case seems pretty straightforward. You should do it yourself.
 
Hello, me and my wife have a question.

How does the field investigation (as in going to your home) works?

For example, what happens if I am not at home or she is not at home or both of us are outside at the time they come? Do they leave a notice that they were here or...?

Also, I am filling the I-485 and on Part 3, B there is a section "A # (if any)" --- what is this "A #"? Is it "Alien number?" If so, I don't have one yet, so do I write N/A?

Also, does my birth certificate needs to be translated to english or can it remain in the native language?
 
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BillTheButcher said:
Hello, me and my wife have a question.

How does the field investigation (as in going to your home) works?

For example, what happens if I am not at home or she is not at home or both of us are outside at the time they come? Do they leave a notice that they were here or...?
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They return another day, or they talk to the neighbors (unfortunately, talking to neighbors often results in them getting wrong information if the neighbors don't know you well).

However, such home visits are uncommon, and generally happen only with long-pending cases where they suspect something. So it's almost certain it's not going to happen anytime in the first 6 months or so.

Also, I am filling the I-485 and on Part 3, B there is a section "A # (if any)" --- what is this "A #"? Is it "Alien number?" If so, I don't have one yet, so do I write N/A?
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You don't have one yet, so leave it blank.

Also, does my birth certificate needs to be translated to english or can it remain in the native language?
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If the certificate is not in English, you need to provide a certified English translation in addition to a copy of the non-English certificate.
 
Thank you very much for your answer. This forum has been so helpful.

I am curious about this too: proof of our marriage, like pictures - I bring them to the interview and not mail them, right? Evidence that I send with the application I-130 and I-485 (btw can I send both forms at the same time, in the same envelope?) are the lease, joint bank accounts... anything else? Other evidence, like pictures, and that we are attending the same college, I bring to the interview and not mail them... right?

Also, do I mail the I-693 (report of medical examination) with the I-130 and I-485 or do I mail that after they approve my application?
 
BillTheButcher said:
I am curious about this too: proof of our marriage, like pictures - I bring them to the interview and not mail them, right?
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Yes. Send minimal documents with the application, bring the bulk of the documents to the interview. Keep the more sensitive documents like bank statements with you; if you send them with the application they'll get handled by various low-level employees and you probably don't want too many people seeing that.

Remember to send only photocopies of documents with the application, and bring the originals to the interview.

Both the I-130 and I-485 can be sent in the same envelope. And don't forget to include the other forms: G-325A (one for each of you), I-131, I-765, I-864, and I-693.

Also, do I mail the I-693 (report of medical examination) with the I-130 and I-485 or do I mail that after they approve my application?
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You will fill out basic personal information on the I-693 and hand it to the doctor who will fill out the rest and mail it back to you in a sealed envelope after the test results are available. You'll include that sealed envelope with the I-485 and related documents.

The sealed envelopes will be nested: the outer one with your name and mailing address on it, then another on the inside with the I-693 in it. Open the outer one with your name but the inner one must remain sealed when you send it.
 
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Hello, it's me again.

I am glad to say that I filled out all the applications, I got two sponsors to sponsor me for affidavit of support, I got the medical examination completed, so basically I have I-130, 1-485, G-325A for both of us, I-765, I-864 and I-693 and I'm not doing I-131 since I won't be travelling.

My question is, what do I do now? As in, to whom do I make the money transfers to? And do I take these personally to the USCIS filed office or do I mail them? I know where the field office in my city is, but if I have to mail them, where do I mail them?
 
BillTheButcher said:
I am glad to say that I filled out all the applications, I got two sponsors to sponsor me for affidavit of support,
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How and which forms are they filing? There are restrictions on combining income from multiple sponsors; I-864 + I-864A may be combined but not two I-864s (it may be necessary to file two I-864s if your wife's income is insufficient, but they'd look at the joint sponsor's income without adding your wife's income).

I got the medical examination completed, so basically I have I-130, 1-485, G-325A for both of us, I-765, I-864 and I-693 and I'm not doing I-131 since I won't be travelling.
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File the I-131 anyway. There is no fee for Advance Parole when filed in conjunction with an I-485, and unexpected stuff might happen that requires you to travel so get it just in case you need it.

My question is, what do I do now? As in, to whom do I make the money transfers to?
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See the I-130 and I-485 instructions for that. The other forms have no fee when filed pursuant to an I-485.
 
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Well, both me and my wife are in college, and she is not working so her mom filled up the I-864 and she went to the immigration office and the immigration worker told her that I'm gonna need another sponsor because her income isn't sufficient to be the only sponsor, so I asked my friend, gave him the same I-864 form and he filled it up along with the tax income copy. So, you're saying this isn't good?

And I didn't know there aren't fees if I file them together, so you're saying that I won't have to pay for I-765 OR I-131? If so, that's amazing, so I only pay the I-130 ($420) and I-485 ($985) fees, right?
 
BillTheButcher said:
And I didn't know there aren't fees if I file them together, so you're saying that I won't have to pay for I-765 OR I-131? If so, that's amazing, so I only pay the I-130 ($420) and I-485 ($985) fees, right?
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Don't forget the biometrics fee for the I-485 to bring the total for the I-485 to $1070. You can write one check to cover both the I-130 and the I-485 in the amount of $1490. Check needs to be payable to U.S. Department of Homeland Security. It is advised you write your name and I-130/I-485 in the memo line on the check.

There will be no charge for the I-765 since you are filling it with an I-485.
 
BillTheButcher said:
Well, both me and my wife are in college, and she is not working so her mom filled up the I-864 and she went to the immigration office and the immigration worker told her that I'm gonna need another sponsor because her income isn't sufficient to be the only sponsor, so I asked my friend, gave him the same I-864 form and he filled it up along with the tax income copy. So, you're saying this isn't good?
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If somebody else files I-864 to be a joint sponsor, their income (with adjustment for assets, if any) must be enough by itself, with combining income only allowed between the joint sponsor and the "household members" (as defined by the I-864A instructions) of the joint sponsor. So your friend cannot add his income to the income of wife's mother; your friend's income must be enough by itself, or must be enough when combining with other members of his household (who would file an I-864A linked to his I-864).
 
So you're saying that since my mother in law's income wasn't enough, my friend's income will have to be suffiient? How do I know if it's sufficient cuz I don't understand the poverty line in US. But anyway, his income is 42.5K a year and he doesn't have a family or wife to support. Will that be enough? God I hope so.

Edit: Are you sure though? Cuz the immigration officer said that the 2nd sponsor can be anyone, fill the same form and just check on it "2nd sponsor", which he did.
 
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The income guidelines are explained in I-864P: http://www.uscis.gov/files/form/i-864p.pdf

The household size would be determined in Part 5 of the I-864. Assuming there is no one else in your friend's household, the family size in terms of the I-864 Part 5 is 2 since he needs to include himself and the sponsoring immigrant (even though you would not be living with him). So, according to I-864P the total amount needed for a family of 2 needed to have 125% of the poverty limit would be $19,387.
 
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BillTheButcher said:
Edit: Are you sure though? Cuz the immigration officer said that the 2nd sponsor can be anyone, fill the same form and just check on it "2nd sponsor", which he did.
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I'm sure. The 2nd sponsor can be anyone, but anyone can't combine funds with anyone. Combining income of different sponsors is only allowed within the same household.

Anyway, your friend's $42K income is more than enough given that he has no spouse or dependents, and your wife's mom doesn't need to file anything.
 
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