AOS (spouse of USC on work visa) - Questions on Filing Forms

[lsrbigfoot 1]

Hello,

I'm just giving a little background before I go into the questions

- FN on H-1B status for 8 years (i-140 petition approved 6 yrs ago. Priority date now about 4 months behind current date)

- FN had 2 A#'s. 1st was for F-1 OPT EAD 8 yrs ago. 2nd A# was shown in latest H-1B renewal (i think it's related to i140)

- Spouse is a naturalized USC

- happily married & living together for 5 months

- usc spouse plans to file for CR-1

- usc spouse's original birth certificate only has mother's name. Long story.

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For USC

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g325a

- Must USC fill in both Naturalization# and previous A#? (also include A# in other forms - i130 i864?)

- Should Father's name & Date of Birth still be included in g325a form if known?

- form asks for last address outside US of >1yr. What to do if address can't be remembered?

i864

- what restrictions exist that will prevent USC from including FN Spouse's income? Even though the FN is H-1B, is there still a 6 month living requirement?

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For FN

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all forms

- is it OK to fill in the latest A# on all forms? (i765 i131 i485 etc)

i485

- Daytime Phone Number. Can this number be different from home phone number (used in other forms)?

i765/i131

- does FN have to file i131 given current H-1B status?

- does FN have to file i765 given current H-1B status?

- will filing i765 automatically void H-1B status? (would be tough since EB backlog is 4 mnths away or more)

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Filing forms

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- is it best to file all forms concurrently?

- would it be better/safer for FN to submit FN forms after USC forms are approved?

[lsrbigfoot 1]

The USC plans to include his/her FN spouse's income into the i864 form. Will Employment Verification letters from both the USC and the FN Spouse (being filed for) be required in this case?

[ljandjl 1]

Is the income US-based? Foreign earned income that won't continue doesn't count.

Also, I've not heard much good said about letters from employers - tax returns, pay stubs, etc is a much stronger piece of evidence.

[Penguin_ie 5,985]

*** Moving from CR-1 spousal visa to AOS from Work as beneficiary is in the country on a H1B ****

You are confused. YOu are not petitioning for a CR-1 visa, because visas are used to enter the country. The beneficiary will Adjust Status (AOS) within the USA and yes, all forms should be filed concurrently. See: http://www.visajourney.com/content/i130guide2

[lsrbigfoot 1]

Agreed. And yes, all income is US based.

[lsrbigfoot 1]

Madam, I am not confused, maybe misinformed. Yes, the application is an AOS to a Permanent Resident (spouse of USC) while FN is in the middle of the Employment-Based GC path. I was told that it's an IR or CR (if not yet married 2 yrs). Placing the questions in the IR-1/CR-1 group was probably a newbie mistake ... didn't know "adjustment of status from work visa" group exists. Thank you for moving my question the to correct group. I will repost questions under a more correct subject topic. Maybe I will get more polite/helpful responses then. Thanks for help.

[Penguin_ie 5,985]

*** changed topic title, removed duplicate topic and merged with related question. Please do not post more than one topic on an issue. ****

Edited May 15, 2012 by Penguin_ie

[Little_My 463]

CR1/IR1 is a visa, granting a foreign spouse of a US citizen entry to the United States. AOS process does not involve getting the spouse a visa, as the spouse is already in the country under some non-immigrant visa status, and merely adjusts status to permanent resident from that visa status. You won't be applying for the CR1/IR1 as your spouse is already in the country.

For.. FN (initials of your spouse?), the latest A# is the one you should be using. His/her income can be counted towards the financial requirement if you can prove that the income will continue from the same source after your spouse becomes a permanent resident.

Daytime phone number should be whatever number you can be reached from during business hours. If it is different from the home number, for example a work number, then put that down. Personally, I always use my cell phone number for everything, that is the only number I can always be reached from, and you don't want to miss a call from USCIS, should they have a reason to reach you via phone.

My understanding is that as long as the H1-B isn't about to expire while your AOS is pending, there is no need to file for I-131 and I-765. Someone will correct me if I am wrong.

I am not sure what you mean by "would it be better/safer for FN to submit FN forms after USC forms are approved?" - you are already a naturalized US citizen, correct? All the forms should be filed together, if you file them separately it will only delay your case.

[lsrbigfoot 1]

Thank you for responses and forum adjustments.

For clarity, I meant FN as in Foreign National (or non-immigrant). I am the Foreign National (H-1B) and my Wife is the naturalized USC.

There is 1 1/2 years remaining on my H-1B Status ... not sure if that's enough time for us to complete the AOS process without submitting an i765/i131. If yes then, then my last question can be ignored.

What if the g-325a application doesn't contain the father's info (info left out on original Birth Certificate). Is this OK? or must the Father's info still be included inside g-325a?

I'm assuming naturalized USCs must include previous A#s in all forms even though individual is a USC. Is this correct?

[grrrrreat 109]

Thank you for responses and forum adjustments.

For clarity, I meant FN as in Foreign National (or non-immigrant). I am the Foreign National (H-1B) and my Wife is the naturalized USC.

There is 1 1/2 years remaining on my H-1B Status ... not sure if that's enough time for us to complete the AOS process without submitting an i765/i131. If yes then, then my last question can be ignored.

What if the g-325a application doesn't contain the father's info (info left out on original Birth Certificate). Is this OK? or must the Father's info still be included inside g-325a?

I'm assuming naturalized USCs must include previous A#s in all forms even though individual is a USC. Is this correct?

Go ahead and submit I-131 and I-765 with your adjustment application, since they're free. You won't need to use them (and shouldn't) except in the event that the H-1B expires or is cancelled before the GC is issued (for instance, if you want to change jobs). Filing the I-131 and I-765 doesn't void the H-1B visa until and unless you use either the advance parole or EAD.

As others have said, you aren't petitioning for a visa because you are already in the U.S., but you are right that spouses of U.S. citizens acquire IR-1 or CR-1 visas. In your case, a visa number will become immediately available to you in the IR-1/CR-1 category, but you won't be using it because you will be eligible to adjust status instead.

If you have a father, the father's information should be included on the G-325a. Obviously most fathers will be identified on the birth certificate, but that isn't the only way of legitimating a father relationship (court orders or even de facto parental relationship also do this). It sounds like you know who the father is, so you should consider including that information.

Yes, naturalized USCs should include their prior A#s. This is not because the naturalized USC is still subject to "alien registration", which is what A#s reflect, but because it helps USCIS locate and review that individual's citizenship and immigration records. You should also show the naturalization certificate number on the I-130 and include a copy of the naturalization certificate in the I-130 package.

Edited May 16, 2012 by grrrrreat

[lsrbigfoot 1]

Thanks for helpful response.

Yes, the father (of usc) is known, but name is not on birth certificate. We'll put info on g325a, but there's no evidence of this info in hand, so hopefully we won't get dinged for this.

[grrrrreat 109]

Thanks for helpful response.

Yes, the father (of usc) is known, but name is not on birth certificate. We'll put info on g325a, but there's no evidence of this info in hand, so hopefully we won't get dinged for this.

G-325a is informational. Since the immigrant isn't qualifying through the father, you can't get rejected for lack of evidence of relationship.