I-130 I-485 checklist

[kittenkaboodle 1]

Hi everyone! Me (beneficiary) and my USC hubby are about to send the i-130 i-485 packets. here is my cover letter and just want to make sure that we covered everything. Any suggestions would be greatly appreciated.

Table of Contents

1. Form G-1145 E-Notification of application/petition acceptance

2. Personal Check in the amount of US $420 for I-130 payable to U.S. Department of Homeland Security

3. Form I-130 Petition for Alien Relative

a) Copy of US Citizen’s Birth Certificate

b) Copy of US Citizen’s Driver’s License

c) Copy of Beneficiary’s Birth Certificate (in English)

d) Copy of Beneficiary’s Passport (biographical page, visa stamp, I-94 card front and back)

e) Copy of marriage certificate

f) Copy of US Citizen’s and beneficiary’s divorce decrees

g) G325A signed by US Citizen

h) G325A signed by beneficiary

i) Passport photo of US Citizen (placed in a small plastic bag , labeled with full name)

j) Passport photo of beneficiary (placed in a small plastic bag, labeled with full name)

k) Evidence of Bona fide Marriage

i. Copy of life insurance with Alien spouse as Primary Beneficiary

ii. Copy of our health insurance cards

iii. Copy of Car Insurance

iv. Copy of Federal 1040 filed jointly

v. Copy of our joint bank account with statement of account for February 18, 2012- March 19, 2012

vi. Copy of our 2 credit cards

vii. Copy of our Phone Bill

viii. Copy of Engagement Ring and Wedding Band Receipts

ix. Selection of pictures that document relationship and marriage

4. I-485 Application to Register Permanent Residence or Adjust Status

a. Form G-1145 E-Notification of application/petition acceptance

b. Personal Check in the amount of US $1,070 for I-485 and Biometric fee payable to U.S. Department of Homeland Security

c. Form I-485 (Application to Register Permanent Residence or Adjust Status)

d. Copy of Birth Certificate ( US Citizen & Beneficiary)

e. Copy of passport's biographical page (all pages)

f. Copy of visa stamp

g. Copy of I-94 card (front and back)

h. Copy of Marriage Certificate

i. Copy of US Citizen’s and beneficiary’s divorce decree

j. G325A signed by US Citizen

k. G325A signed by beneficiary

l. Two passport-type pictures of US Citizen (placed in a small plastic bag, labeled with full name)

m. Two passport-type pictures of beneficiary (placed in a small plastic bag, labeled with full name)

n. I-693 Report of Medical Examination and Vaccination Record (Completed by a Civil Surgeon sealed in an envelope)

o. I-864 Affidavit of Support (Petitioner will use 2011 earnings only)

1) Copy of Petitioner’s Letter of Employment

2) Copy of Petitioner’s earning statements from the period July 2011 – March 2012

3) Copy of Petitioner’s W-2 Form

4) Copy of Petitioner’s Federal Form 1040

5) Copy of beneficiary’s 1099

6) Letter of Explanation why petitioner has no income from 2009 or 2010 tax periods. (student)

I-765 Application for Employment Authorization

• Two (2) Passport-type photos

• Copy of Passport (biographical page, visa stamp)

• Copy of I-94 (Front and back)

I-131 Application for Travel Document

• Two (2) Passport-type photos

• Copy of Passport (biographical page, visa stamp)

• Copy of I-94 (Front and back)

[jdh 103]

The i-485 doesn't request passport style pictures of the petitioner, just the applicant.

[jdh 103]

Also I would leave out the copies of your two credit cards, just because I don't believe that is a wise addition and it certainly isn't required.

And I would leave out the wedding band receipts because they prove nothing other than the fact you bought some jewelry.

Other than those things, from what I can tell it looks good..,

Did you include the applicable tax laws the show the petitioner being exempt from filing, or just an explanation? If not - you need to include the laws that prove it, in this case the charts that show income levels.

Edited April 20, 2012 by jdh

[Harpa Timsah 13,258]

Also, being a student does not automatically exempt a person from tax returns. The real question is, did he work at all? If so, how much money did he make?

[grrrrreat 109]

Hi everyone! Me (beneficiary) and my USC hubby are about to send the i-130 i-485 packets. here is my cover letter and just want to make sure that we covered everything. Any suggestions would be greatly appreciated.

Table of Contents

1. Form G-1145 E-Notification of application/petition acceptance

2. Personal Check in the amount of US $420 for I-130 payable to U.S. Department of Homeland Security

3. Form I-130 Petition for Alien Relative

a) Copy of US Citizen’s Birth Certificate

b) Copy of US Citizen’s Driver’s License

c) Copy of Beneficiary’s Birth Certificate (in English)

d) Copy of Beneficiary’s Passport (biographical page, visa stamp, I-94 card front and back)

e) Copy of marriage certificate

f) Copy of US Citizen’s and beneficiary’s divorce decrees

g) G325A signed by US Citizen

h) G325A signed by beneficiary

i) Passport photo of US Citizen (placed in a small plastic bag , labeled with full name)

j) Passport photo of beneficiary (placed in a small plastic bag, labeled with full name)

k) Evidence of Bona fide Marriage

i. Copy of life insurance with Alien spouse as Primary Beneficiary

ii. Copy of our health insurance cards

iii. Copy of Car Insurance

iv. Copy of Federal 1040 filed jointly

v. Copy of our joint bank account with statement of account for February 18, 2012- March 19, 2012

vi. Copy of our 2 credit cards

vii. Copy of our Phone Bill

viii. Copy of Engagement Ring and Wedding Band Receipts

ix. Selection of pictures that document relationship and marriage

4. I-485 Application to Register Permanent Residence or Adjust Status

a. Form G-1145 E-Notification of application/petition acceptance

b. Personal Check in the amount of US $1,070 for I-485 and Biometric fee payable to U.S. Department of Homeland Security

c. Form I-485 (Application to Register Permanent Residence or Adjust Status)

d. Copy of Birth Certificate ( US Citizen & Beneficiary)

e. Copy of passport's biographical page (all pages)

f. Copy of visa stamp

g. Copy of I-94 card (front and back)

h. Copy of Marriage Certificate

i. Copy of US Citizen’s and beneficiary’s divorce decree

j. G325A signed by US Citizen

k. G325A signed by beneficiary

l. Two passport-type pictures of US Citizen (placed in a small plastic bag, labeled with full name)

m. Two passport-type pictures of beneficiary (placed in a small plastic bag, labeled with full name)

n. I-693 Report of Medical Examination and Vaccination Record (Completed by a Civil Surgeon sealed in an envelope)

o. I-864 Affidavit of Support (Petitioner will use 2011 earnings only)

1) Copy of Petitioner’s Letter of Employment

2) Copy of Petitioner’s earning statements from the period July 2011 – March 2012

3) Copy of Petitioner’s W-2 Form

4) Copy of Petitioner’s Federal Form 1040

5) Copy of beneficiary’s 1099

6) Letter of Explanation why petitioner has no income from 2009 or 2010 tax periods. (student)

I-765 Application for Employment Authorization

• Two (2) Passport-type photos

• Copy of Passport (biographical page, visa stamp)

• Copy of I-94 (Front and back)

I-131 Application for Travel Document

• Two (2) Passport-type photos

• Copy of Passport (biographical page, visa stamp)

• Copy of I-94 (Front and back)

Did you live together? A joint lease agreement or mortgage might be helpful.

[kittenkaboodle 1]

Also I would leave out the copies of your two credit cards, just because I don't believe that is a wise addition and it certainly isn't required.

And I would leave out the wedding band receipts because they prove nothing other than the fact you bought some jewelry.

Other than those things, from what I can tell it looks good..,

Did you include the applicable tax laws the show the petitioner being exempt from filing, or just an explanation? If not - you need to include the laws that prove it, in this case the charts that show income levels.

the credit card shows that he gave me an extension of his 2 credit cards so its just an additional evidence even if its not required or something. yes he in cluded applicable tax laws. here is the letter he wrote:

For the tax years 2009 and 2010 I had $0.00 income. I was a full-time graduate student, held no jobs, and thus had no taxable income. I graduated in December 10, and will be using my 2011 income for my affidavit of support for my spouse.

IRS Publication 501 (rev:2011) states in several areas the minimum income levels that would force one to file a federal return, or the special circumstances that may require one to file. I do not meet any of those specifications. I have attached the relevant pages of IRS Publication 501 and have explain my reasoning below.

The publication gives three tables to which one must meet in order to tell if one must file or

from table 1. Lowest income value that must file is $3,700 (married filing separately). I did not have any income from any sources, so i did not meet this requirement.

from table 2. Special requirement for dependents. My opinion: the minimum requirement for any of this situations is $5.00 income (earned or unearned). I did not have any income, so i did not meet this requirement.

from table 3. Special taxes Owed., Medicare savings issues, Self Employment earnings, or earnings from a religious organization. My opinion: I did not have any back-taxes owed or other special taxes owed, nor did i recieve anything from a medicare related account. Lastly, i did not recieve any moneys from a church or other religious organixation.

im focusing on the i-864 and supporting documents since i noticed that most rfe's are due to incomplete tax records or insufficient income from the petitioner.

[kittenkaboodle 1]

Also, being a student does not automatically exempt a person from tax returns. The real question is, did he work at all? If so, how much money did he make?

he was a full time graduate student, held no jobs so he didnt have any income for 2009 and 2010

[jdh 103]

the credit card shows that he gave me an extension of his 2 credit cards so its just an additional evidence even if its not required or something. yes he in cluded applicable tax laws. here is the letter he wrote:

For the tax years 2009 and 2010 I had $0.00 income. I was a full-time graduate student, held no jobs, and thus had no taxable income. I graduated in December 10, and will be using my 2011 income for my affidavit of support for my spouse.

IRS Publication 501 (rev:2011) states in several areas the minimum income levels that would force one to file a federal return, or the special circumstances that may require one to file. I do not meet any of those specifications. I have attached the relevant pages of IRS Publication 501 and have explain my reasoning below.

The publication gives three tables to which one must meet in order to tell if one must file or

from table 1. Lowest income value that must file is $3,700 (married filing separately). I did not have any income from any sources, so i did not meet this requirement.

from table 2. Special requirement for dependents. My opinion: the minimum requirement for any of this situations is $5.00 income (earned or unearned). I did not have any income, so i did not meet this requirement.

from table 3. Special taxes Owed., Medicare savings issues, Self Employment earnings, or earnings from a religious organization. My opinion: I did not have any back-taxes owed or other special taxes owed, nor did i recieve anything from a medicare related account. Lastly, i did not recieve any moneys from a church or other religious organixation.

im focusing on the i-864 and supporting documents since i noticed that most rfe's are due to incomplete tax records or insufficient income from the petitioner.

My note about the credit cards not being a wise inclusion is just for your own security. If you feel comfortable with it, that's your decision. I still fail to see what it proves...your card has your name on it, his has his name on it...it proves you both have cards.

I would leave out the part of the letter that talks about 'his opinion'...stick to facts, that's all they care about. I would shorten the letter considerably and just attach a printout of the tax chart - that is a chapter book and not necessary.

The only relevant info is that he had no income and as such was not required to file income tax as shown in the attached forms from 1040 instructions.

They don't care that he was a student - it has nothing to do with it.

Edited April 20, 2012 by jdh

[kittenkaboodle 1]

Did you live together? A joint lease agreement or mortgage might be helpful.

yes we've been living together since aug. of 2011 but he signed the lease in his apartment 3 mos before i moved in with him ( i was living with my mom at that time) so i my name was not included in the lease contract.

[jdh 103]

yes we've been living together since aug. of 2011 but he signed the lease in his apartment 3 mos before i moved in with him ( i was living with my mom at that time) so i my name was not included in the lease contract.

They may be able to update the lease, and would probably like to, given that a new person is living there.

[kittenkaboodle 1]

My note about the credit cards not being a wise inclusion is just for your own security. If you feel comfortable with it, that's your decision.

I would leave out the part of the letter that talks about 'his opinion'...stick to facts, that's all they care about. I would shorten the letter considerably and just attach a printout of the tax chart - that is a chapter book and not necessary.

The only relevant info is that he had no income and as such was not required to file income tax as shown in the attached forms from 1040 instructions.

They don't care that he was a student - it has nothing to do with it.

oh i know what you mean about the credit card but we didnt make a copy of the back part w/c has the security code so no worries.

yup so he was simply not required to file taxes cuz he had $0.00 income for those years and mentioned that he was a full time student.

im actually thinking of changing the "my opinion" to Explanation or just omit it

[kittenkaboodle 1]

They may be able to update the lease, and would probably like to, given that a new person is living there.

will do, the manager sees me most of the time anyway

[kittenkaboodle 1]

My note about the credit cards not being a wise inclusion is just for your own security. If you feel comfortable with it, that's your decision. I still fail to see what it proves...your card has your name on it, his has his name on it...it proves you both have cards.

I would leave out the part of the letter that talks about 'his opinion'...stick to facts, that's all they care about. I would shorten the letter considerably and just attach a printout of the tax chart - that is a chapter book and not necessary.

The only relevant info is that he had no income and as such was not required to file income tax as shown in the attached forms from 1040 instructions.

They don't care that he was a student - it has nothing to do with it.

i saw that you're scheduled for an interview this april w/ no rfe's which means all your paperwork are filed correctly. so are my paperwork ready for submission?

[jdh 103]

i saw that you're scheduled for an interview this april w/ no rfe's which means all your paperwork are filed correctly. so are my paperwork ready for submission?

I felt I did a decent job of assembling my package, but after rechecking it the third time I still noticed I had missed a signature. Triple check before you send it off.

From what I can tell of your list, you seem to have everything, but someone else may spot something I missed.

The only thing that I noticed off right away was the extra pictures on the I-485 (they only ask for the applicants).

FYI - I may still get an RFE right up to and including in the interview, but so far it looks promising.

[grrrrreat 109]

will do, the manager sees me most of the time anyway

Depending on where you live, you may be able to add yourself to the lease at least as an "occupant" without having to renew or redo it, but it can vary. Otherwise, if you are actually buddies with the manager and he sees you all the time, consider asking him to write an affidavit saying you live with your husband. It's probably not necessary, depending on if the adjudicator can tell if you're living together or not, but could be helpful.