I need help! don't know which forms to file...

[ChristiA 0]

My (now) husband and I had been doing the long-distance thing for a long time. He came here thru the VWP Aug-Nov 09. he left and came back Jan 13th '10 and was scheduled to leave April 13th. We decided to get married before he left in April so we got married March 19th. I have been doing research and it seems since he is now considered an immediate relative he doesn't have to leave like we thought. The original plan was to file for spousal visa before he left, then bring him back here when it was approved. But now I'm hearing he can stay and adjust status from here. But my question is, which forms should we file? I thought that it would be the I-485, but as I'm reading the form (including the "who files this") it doesn't seem correct. The one that looks right to me is the I-30. But I'm scared to start sending in forms and payments and file things incorrectly and get denied (I can't afford to keep refiling!). I want to file the I-30 and the I-765. Can I do these together? Is this the correct way to go? Please help!

[SunDrop 59]

Moved from CR-1/IR-1 to 'AOS from Work, Student and Tourist Visas, as this is what the OP is doing.

[EmVee 3]

I-130, I-485, I-765. You file them all at the same time. You can also simultaneously file for Advance Parole if he needs to return home in the meantime to pick up belongings.

Congratulations on your marriage!

[ChristiA 0]

I-130, I-485, I-765. You file them all at the same time. You can also simultaneously file for Advance Parole if he needs to return home in the meantime to pick up belongings.

Congratulations on your marriage!

Thank you EmVee! So the I-485 has to be filed for sure even with the I-30? (I was kind hoping to save the $ on that one, lol)... under Application Type I don't know what to check because none of them apply to us. Do I just check the one that says "Other basis of eligibility" and write something like "married US citizen"...? Thanks!

[EmVee 3]

Thank you EmVee! So the I-485 has to be filed for sure even with the I-30? (I was kind hoping to save the $ on that one, lol)... under Application Type I don't know what to check because none of them apply to us. Do I just check the one that says "Other basis of eligibility" and write something like "married US citizen"...? Thanks!

Yeah, they have to be filed concurrently. Altogether, the filing will set you back close to $1400 and that doesn't include the medical exam your husband needs to go and get right away, which could be anywhere from $130 upwards, and the cost of getting all those pesky passport photos for the forms. (Mine cost me fify dollars at CVS!)

You don't tick Other Basis... I forget what the options are, but it's not that one. I think it's A. I know those were confusing because none of them sounded right, but in the end it turned out to be A because you're filing the I-130 at the same time for an immigrant visa number. Someone else will probably have a more definite answer on that one, though. Sorry.

[ChristiA 0]

the application type area says "I am applying for an adjustment to permanent resident status because" and A) An immigrant petition giving me an immediately available immigrant visa number that has been approved (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved)

This doesn't really sound correct, other than I know when we got married he became an immediate family member and I know that they are supposed to have a visa number right away or something along those lines...(and I figured since it says attach a copy of approval notice I can attach our marriage license?)

thanks so much for any info, I feel lost in all this paperwork, and I'm so scared to pay the fees and send in this stuff and have it be incorrect..!

[EmVee 3]

Yeah, but I think because you're filing an I-130 at the same time, it's A. There's a bunch of topics in the forum where people ask that question because it's sort of confusing when you read the forms.

You have to send a certified copy of the marriage cert in with the documents anyway. Generally, if you search the topics here for a checklist of everything you need to include, there are topics with pretty comprehensive lists posted. That's what I did! In fact, I'll try and find you the one I used....

Okay, here it is. I found Rebecca and Phil's list perfect as a checklist when I was assembling my package.

http://www.visajourney.com/forums/topic/222967-does-it-look-like-we-have-everything/page__p__3397888__fromsearch__1entry3397888

Edited March 30, 2010 by EmVee

[ChristiA 0]

thanks! dang this stuff is sooo confusing! it's nice to have help from somebody who has been there...

[EmVee 3]

thanks! dang this stuff is sooo confusing! it's nice to have help from somebody who has been there...

Yeah it's pretty stressful trying to gather everything for the paperwork, and triple checking every box you tick on the forms. But once it's all sent in, it's just a matter of time. If you have any small questions you want to run by someone, feel free to drop me a PM anytime. I know I was full of questions I thought were silly, but people around here were really helpful during that time and I definitely couldn't have got through all that paperwork without them!

[Anh map 2,098]

Read through the Guide here on VJ as well as refer to the document directions and VJ Example Documents. They have always been a big help to us as we have gone through the various steps.