Question on EAD (i-765) and Concurrent Filing

[cciesec2007 0]

Hi,

I am getting ready to file for i-130 and i485 along with EAD. I am on h1b and I got married to a US citizen few months ago.

I have some questions about the filing and I would really appreciate any pointers/help with this:

1) For the i765 form: Question 16 of the form is on eligibility categories. I have written [c] [9]. Is this correct for my category?

2) Does my wife also need to fill out G-325a form?

3) My wife does not work. So how do I show that I am sponsoring my self? We have filled out i-864 under my Wife's name and I am just planning to send my tax return documents, paystubs and letter from employer as proof of financial standings. Will this suffice or do I need to do anything else?

4) if I am concurrently filing for my i-485 and i-130, I have heard that the fee for EAD and travel document (parole) is exempted if the forms are filed concurrently? Is this true?

5) The i-693 medical examination was done about 2 months ago. I have the sealed envelop from the doctor. I have still not filed because I was waiting for my birth cert. to come from India. Will this delay cause any problems?

Let me thank you all in advance for reading and reponding to my question(s).

Best of luck to you all.

[cciesec2007 0]

Hey Guys....any response on this will be greatly appreciated.

Thanks!

[visacheck 3]

Hi,

I am getting ready to file for i-130 and i485 along with EAD. I am on h1b and I got married to a US citizen few months ago.

I have some questions about the filing and I would really appreciate any pointers/help with this:

1) For the i765 form: Question 16 of the form is on eligibility categories. I have written [c] [9]. Is this correct for my category?

2) Does my wife also need to fill out G-325a form?

3) My wife does not work. So how do I show that I am sponsoring my self? We have filled out i-864 under my Wife's name and I am just planning to send my tax return documents, paystubs and letter from employer as proof of financial standings. Will this suffice or do I need to do anything else?

4) if I am concurrently filing for my i-485 and i-130, I have heard that the fee for EAD and travel document (parole) is exempted if the forms are filed concurrently? Is this true?

5) The i-693 medical examination was done about 2 months ago. I have the sealed envelop from the doctor. I have still not filed because I was waiting for my birth cert. to come from India. Will this delay cause any problems?

Let me thank you all in advance for reading and reponding to my question(s).

Best of luck to you all.

1. Yes

2.Yes

3. I-864 is a "contract" between the sponsor and USCIS. If your wife is not working then she cannot be your sponsor which means she cant sign the form.

4.If I-765 and I-131 is filed concurrently with I-485, yes the fees are waived.

5.I dont think it will be a problem. i am not sure but i think medical exams are valid up to about a year.

Edited October 8, 2009 by visacheck

[Otto 83]

3. I-864 is a "contract" between the sponsor and USCIS. If your wife is not working then she cannot be your sponsor which means she cant sign the form.

If adjusting status as a result of a spousal visa - the spouse will always be considered the primary sponsor - regardless of income (or lack of). The spouse would indeed complete an I-864 (and supply any/all supporting documentation and sign the form).

If you are intending to self-sponsor - have you been working in the US?

[visacheck 3]

3. I-864 is a "contract" between the sponsor and USCIS. If your wife is not working then she cannot be your sponsor which means she cant sign the form.

If adjusting status as a result of a spousal visa - the spouse will always be considered the primary sponsor - regardless of income (or lack of). The spouse would indeed complete an I-864 (and supply any/all supporting documentation and sign the form).

If you are intending to self-sponsor - have you been working in the US?

So that means, even if spouse is not able to financially sponsor or meet the income requirement she still signs I-864 and then get a co-sponsor?

[cciesec2007 0]

3. I-864 is a "contract" between the sponsor and USCIS. If your wife is not working then she cannot be your sponsor which means she cant sign the form.

If adjusting status as a result of a spousal visa - the spouse will always be considered the primary sponsor - regardless of income (or lack of). The spouse would indeed complete an I-864 (and supply any/all supporting documentation and sign the form).

If you are intending to self-sponsor - have you been working in the US?

Yes, I am on h1b and I have been working in the US since the last 4 years.

So how do I prove that my wife can use me as the sponsor?

[cciesec2007 0]

One more quick question:

I am using Adobe to fill out the forms and then print them.

However some of the "date" fields are not printing correctly.

Can I just write the dates with a black pen (and fill the remaining fills using Adobe and print them out)?

Is this acceptable as per the USCIS standards?

[Otto 83]

3. I-864 is a "contract" between the sponsor and USCIS. If your wife is not working then she cannot be your sponsor which means she cant sign the form.

If adjusting status as a result of a spousal visa - the spouse will always be considered the primary sponsor - regardless of income (or lack of). The spouse would indeed complete an I-864 (and supply any/all supporting documentation and sign the form).

If you are intending to self-sponsor - have you been working in the US?

Yes, I am on h1b and I have been working in the US since the last 4 years.

So how do I prove that my wife can use me as the sponsor?

On page 1 of the instructions there is a paragraph or so dedicated to sefl-sponsoring.

Are There Exceptions to Who Needs This Form?

"Any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parent(s) while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;"

[cciesec2007 0]

On page 1 of the instructions there is a paragraph or so dedicated to sefl-sponsoring.

Are There Exceptions to Who Needs This Form?

"Any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parent(s) while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;"

OK...now I am all confused...so which one should I be filing.

i-864 or i-864W ( Intending immigrants exemption form)???

I have heard stories that a regular 864 can be filed for affidavit of support even if the wife is not working and the intending immigrant is supporting the wife???