Unsure on where to start...and what forms...a little confused I guess?

M

MIKETHEWXGUY

Registered Users (C)
Hello

I recently got married to a foreign citizen. She was in the USA on a Visitors Visa. She is from Peru. We have known each other for over two years. This was a spur of the moment deal, we flew to Vegas and got married last week.

Now, the real fun begins! (Not!)

From what I can tell, I need to fill out the following forms:

I-485 (Adjustment of Status)
G-325a (Biographic Information) -- For each of us
I-864 (Affidavit of Support)
I-693 (Medical Examination)

Now, where I start to get confused...is on Form I-130 (Petition for Alien Relative)

Do I need to fill out Form I-130 in my situation?

I'm thinking NO - because she is already in the USA? Am I right?

And if I'm right, Am I good to go with just the 4 forms listed above?

Thanks very much!

Regards,

Mike
 
Mike,
Welcome to the board and congratulations on your recent wedding! :)

You have to start from filing I-130, the petition for your alien relative (your wife).
Your wife should file her I-485 herself (you can help of course, but it’s her petition and her signature)
Two G-325A. One set for both of you.
Affidavit of support – you file it. It should be notarized.
Medical examination. You are not filing it – the doctor will.
If your wife wants to work she must aply for a work permit, the form I-765
If she wants to travel she must apply for an advanced parole – form I-131
And there is much more - The supporting documents. Like copies of her and yours birth certificates, marriage license, also the evidenced of her current status (copy of her passport and a visa). Plus photographs and fees.

What you should do now is go to this website: http://uscis.gov/graphics/services/residency/family.htm

Then this: http://uscis.gov/graphics/howdoi/lprapplication.htm

and start reading everything. There is a detailed information on what forms to file, where to send them and what to expect. And of course - If you still have questions, come back and ask us again.

Good luck to you and your wife and nice journey!

:)
 
Jane Green

Thanks so much for your quick reply. I will check out the links you provided here now.

One thing more...should we file the I-130 and the I-485 concurrently? Or is better to do the I-130 alone, wait and hear something back, and then do the I-185?

I'll do more research in the mean-time, for sure...

Thanks again!!!
 
Filing all the forms together will save you time.

Mike, if you are a US citizen, then your wife is eligible to file I-130 and I-485 concurrently.
I would suggest you to do so. Waiting for I-130 might take from one month to one year (or more, who knows?), but as an immediate relative of USC she doesn't have to wait for her visa number, it will be immediately available to her and I-130 will be approved, if not sooner, then at the same time her I-485 adjusted.
 
Jane

Thanks once again! I am indeed a US Citizen, so filing concurrently will be the ticket for us, as you mentioned.
 
Sorry to bring up an old post, but his situation is almost identical to mine, I married my French bf in a fast ceremony as a spur of the moment thing while he was visiting. I have one question to add though, is there any problem with him overstaying the tourist visa while we're in the process of filing paperwork to get him legal? Or will that come back to haunt us later on in the process? We've got everything we need, documents, sponsors, fee money, all we are missing is time. I can't really find a defintive answer to this anywhere. x_x
 
SukiMA, make sure he doesn't leave the US until he gets his GC. Even with advance parole, if he has any illegal presense and he leaves the US, he will not be allowed back in for 3-10 years. Other than that, his illegal presense will be forgiven if you are a US citizen.
 
Jane Green said:
Mike,
Medical examination. You are not filing it – the doctor will.

:)
Click to expand...

Hmmm, the doctor doesn't file it. After the medical exam, the doctor gives you a sealed envelope with the results of the exam. Depending on your local office's rules, you either bring it to the interview or you mail it with the I-485 application.
 
LucyMO said:
Hmmm, the doctor doesn't file it. After the medical exam, the doctor gives you a sealed envelope with the results of the exam. Depending on your local office's rules, you either bring it to the interview or you mail it with the I-485 application.
Click to expand...


Oops! I typed too fast and used the wrong word.
Not “File”, I meant, “Fill”

:o
 
Hi, I am in simillar situation, my husband is USC and I am foreigner who overstayed on tourist visa. We got married, filled all the papers, we have a while before interview comes but I have a question: will they drill the fact why I overstayed, we don't want to lie but I am affraid of these questions. If they start asking why I overstayed, what was the reason etc.....can they deny my petitions? I know that lots of people did (and does) the same, but still when I just think of the interview I feel nervous.
 
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