F1 Adjustment of Status due to upcoming wedding

[SandM 0]

Hi VisaJourney,

I'm the international person in this case. I came to the US in 2005 for my undergraduate studies on an F1. In late 2007, I met my current fiancée (soon-to-be-spouse). We met online, but not via a dating site. She is two years younger than I am, and we maintained a long-distance relationship. I graduated in 2009 and moved to New Mexico. While I worked there, I was on my first (post-BA) OPT. Around a year later (I believe July 2010), I left to begin graduate studies at the University of Chicago–a one year program. In winter 2010, M and I met in person for the first time. It was a wonderful winter vacation. I continued graduate studies, visited her BA graduation ceremony in Massachusetts (May 2011). Met her parents for the first time as well. She flew back to Chicago with me and spent most of her post-BA summer with me, attending my own MA graduation (June 2011), at which time she also met my parents who visited me for the purpose.

I have been on post-MA OPT since then. Chicago was a tough market, although I secured a part-time opportunity that met OPT terms through a friend. I left for NYC at the end of January 2012 in order to rejoin my fiancée and have been staying with her and her family, who've been extremely understanding of the difficult market and my residency situation. My OPT work allows for remote work. I also freelance in editorial work on the side. I've had several good interviews and am currently waiting on a very promising full-time opportunity. The search continues.

We would like a civil marriage very soon. Think 3-4 weeks soon. And then we'd like to file our I-130 and I-485 (and all other relevant documents) ASAP. We've been following the VisaJourney community and are highly impressed by the openness you all demonstrate. Money is obviously tight, and we will not be able to retain a legal representative through the process. What we would love is for someone to speak to, who can (unofficially, of course) grant us a review of our situation and documents, who can answer some questions we have, and who can generally vet us.

A few basic facts:

1) My F-1 is "D/S" and I have never been out of status or had any other issues. It has been a straight BA -> OPT1 -> MA -> OPT2 transition for me.

2) We have extensive chat logs, Skype logs, phone logs, and since 2010 onward, increasing amounts of photos, etc. We have gifts we've sent each other. I have email logs from a well-known artist who I contacted to obtain an anniversary present for M. Since Feb '12, there are extensive indications of our shared life. We recently had M switch over from Verizon to my AT&T plan, and we now have a shared cell plan. We also have various receipts from places or events we've attended together. We don't have cars, insurance, or rent/house papers.

3) Neither of us are particularly religious so we don't wish to have a full-blown ceremony–hence the legal service. Our hope is to have a more 'public'/larger-scale event two years hence with the removal of my conditional status.

4) We have a fairly good basic idea of what lies ahead.

5) M is employed full-time (just recently) and makes just about $3000 less than the USCIS poverty guidelines (for a household of 2). However, we have the option of asking her parents for joint sponsorship (in which case we are not sure of the household size: her family being her father, mother, and two younger siblings aged 16).

6) Although we think of each other as fiancée/fiance, we've not had any 'formal' engagement period. We simply recognise that we're well past the boyfriend/girlfriend stage, and in short order, will be lawfully wedded as well.

We don't expect one person to provide all the answers, but if you'll indulge us, we do have some specific questions which we'd like to put out here. Ours is, on the face of it, an extremely straightforward case, and we don't foresee any sudden red flags. This is why what we believe most crucial is an absolutely bomb-proof application with each part in its right place. We hope for your patience and helpful guidance!

[DC85 113]

first , congrats

it's very straightforward case, and even if you over stayed , it will be forgiven since you are married to USC. You don't need a lawyer , just read the VJ guidelines, and you need a co-sponsor.

Goodluck

[SandM 0]

myafi1985: Thanks for the quick response. So far I have not overstayed at any point, though that is a matter of some concern in the future (my current OPT expires August 10, 2012). VJ guides are extremely helpful, so we are working on those. Here are the questions we have thus far:

1. M was a student, and therefore did not file taxes for the past three years (her income was too low to qualify). The I-864 has a field requiring past 3 years' tax returns. What should we do about that?

2. As I mentioned, M makes slightly less than the $18,000 (roughly) required for a household of 2. If we approach her parents for co-sponsorship, would this increase the household size? If so, what would be the accurate number? (Remember: total people living in this house = myself, M, her parents, two siblings aged 6).

3. I am currently on an OPT following my Master's. This expires August 10th. Should I (the non-citizen) file for another EAD (I-765) in order to cover any gap between August 10 and the arrival/approval of my status adjustment?

4. Are we running very late on the timeline if we file everything with USCIS by mid-June?

5. The use of assets for the I-864 is confusing to us because of the "3x multiplier" issue. Could someone please explain that to us in very simple terms?

Please feel free to ask us any further questions that anyone here wants to know.

[Penguin_ie 5,987]

1. The primary sponsor- ie M- writes a letter explaining why she was not required to file.

2. They are their own household of parents+ 2 siblings+ the immigrant, so at least 5. They need not count M unless she is financially dependant on them now.

3. Might as well, it is free.

4. The sooner the better, mid June should be ok though.

5. It's only x3 if M, as your spouse and primary sponsor, uses assets. It is x5 if her parents were going top use assets. The way it works is that, say the 125% poverty level was $19'00 for the two of you and she makes $16'000, there is a $3000 short fall. She would need x 3 of that in assets, so $9000. The assets must be easily liquidated within one year, so an only car wouldn't count, but savings or a second car would.

[SandM 0]

Penguin_ie: Thank you very much for the response! A general clarification: M's siblings are aged 16, not 6. I can't find an edit option. Whoops.

Regarding point #2. I admit we're still a bit confused. We're not sure what counts as financially dependent. She lives with them, and she shares health insurance with them. Other than that she makes her own income. Does this count as financial dependence on her parents? I assume it does (but please correct me if I am wrong). If she is dependent, therefore, would the total household size we put down on the form be 5? And the shown income would have to surpass the poverty guidelines for a household of 5, then?

Thanks once again, and we hope to continue receiving VJ's guidance moving forward!

[ceadsearc 516]

Did her parents declare her as a dependent on their taxes last year?

[Reyan 56]

OP look at IRS Publication 501 to see if your fiancee is a dependant of her parents under qualifying child.

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886

[grrrrreat 109]

OP look at IRS Publication 501 to see if your fiancee is a dependant of her parents under qualifying child.

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886

If they didn't declare her as dependent, she need not go on the I-864 even if they could have declared her under the regulations. The I-864 specifically asks for people actually listed on the tax return as dependents.

Many people forego declaring a dependent that they could have, especially if the dependent is financially independent and would benefit from using her personal exemption (which you must forego if you are declared on someone else's return).

[SandM 0]

Hi VisaJourney!

We wanted to post an update as to how things are going, as well as ask for your guidance on some other matters.

We had a rather nice civil ceremony in New York City on June 25th. Everything went off wonderfully. Her family was in attendance, and were witnesses. We also completed my medical requirements–again, no problems whatsoever. We used Dr. Leonid Toprover, who is very efficient. We also received IRS transcripts for myself and her dad (who will be the sole sponsor for I-864 purposes). We believe we now have pretty much everything required to file this week, following a meeting with an attorney for a one-time review of our documents.

Here are our questions, which we hope you can assist us with:

1) As I had mentioned earlier, the total number of people living in this house are myself, M, her parents, two siblings aged 16 (not 6 as earlier–erroneously–stated!). So that is 6. Her dad will be the primary sponsor for me and not M herself, since we find it is more convenient that way. Is this okay? In such a case, we believe her dad needs to fill out the I-864, is that correct? M is a dependent and the past tax returns for her dad list her as a dependent. Are there any issues we should watch out for? Financials are extremely transparent and we don't anticipate any surprises there.

2) Our documentation comprises extensive chat logs, multiple visit data (ticket history, shared receipts for activities, etc.), numerous photographs that steadily increase in number as our own relationship became more physically proximate, and–since late Jan. 2012 when I moved to be with her in NYC–a host of things we've done together (movie tickets, exhibition receipts, etc.), a shared cell-phone plan, and that's about it. We don't have any shared property, or joint account, or things of that nature. On the face of it, does that constitute a fair body of evidence as to our relationship bona fides? I have excluded, of course, the marriage certificate since that by itself means nothing in this context (it isn't proof of the bona fides).

3) We will be filing everything this week, including a new I-765 for me as well as the Advance Parole form. Are we running late, considering my OPT is set to expire August 10th 2012? Are there any things I should watch out for, as far as employment, or other regulations go?

4) Will it look odd that M is not sponsoring me directly? Should she co-sponsor, even though her dad is fully capable of and willing to assume full sponsorship duties? Is M required to co-sponsor? If so, would that mean we'd need to file the I-864, or I-864a?

[Little_My 464]

It seems to me you may want to re-read particularly the affidavit of support instructions. Your wife HAS to sponsor you - whether or not her income qualifies her. The US spouse is always the primary sponsor. Your wife will fill out the I-864, and her father, since they live in the same household. This is all explained in the instructions for the form. Her dad has to make at least 125% of the poverty line for household of 6, which is around $39,000.

Your proof seems fine, though USCIS tends to like proof of co-mingling of finances, i.e. joint accounts, joint cards, etc. - married people often combine their finances. It's not a mandatory requirement, so if you think the other proof you have is convincing enough, and if you have a reason to give, should you be asked why you haven't combined your finances, I don't think it'll be an issue.

To avoid overstaying your F1/OPT status, USCIS just needs to receive the package before your OPT grace period expires, which (I think) is 30 days after the end date of your OPT period (or maybe 60). You should be fine. Once USCIS has your package and they send you the NOA, you'll enter a new period of authorized stay, unrelated to the OPT status, and that will last until you have a decision on your AOS case.

[SandM 0]

@ Little_My: Thanks for the quick and detailed response. The question regarding whether M needs to sponsor me (as my spouse) was a bit naive on our part, and we are of course giving all forms close attention. Thanks for pointing that one out. Our finances are not combined, but we do think we'll have at least 2-3 months' combined finances before our interview. We intend to create a joint account with my past university's credit union for bill paying purposes, in addition to which we'll have our regular bank accounts. Basically, the picture should be (and, in fact, is) one of gradual transition to a life lived together.

These are, we hope, our final questions (for now) before filing on this Monday:

1) We're assuming that the signatures on the forms we're filing (G-325a (2), I-130, I-485, I-765, and I-864) should be done by hand after we've printed out the filled-out forms via Adobe Reader. Could someone confirm this? Should we instead type out the signatures?

2) On M's version of the G-325a, what should she check off for "This form is submitted in connection with an application for:"? At the moment, we've checked "Other: I-130" –– is this appropriate?

3) On the I-130, for question #22, what should we enter for city and state, since we are both within the US? Should I just enter the city/state where I am presently (with her)? Or should I pick the specific lockbox/field office where we'll be mailing this off to?

4) Series of questions regarding the I-864 (I'm really terribly sorry for asking about this so often, but for some reason it is a fairly confusing area!):

a) According to an attorney who we met for a review and consultation, we should have M and her dad (my father-in-law) each file an I-864. Now (please be patient with me here...) could someone explain very simply the difference between M and my father-in-law filing an I-864 and I-864a respectively, and both filing an I-864 each? Relevant information: M is a dependent on her dad, M makes just shy of the required amount for the two of us.

b) I-864 Part 5: How does M calculate questions a, b, c, and h? Our confusion lies in that for a, we have 1. It seems we should enter 1 for b (yourself; not sponsored), but then c asks us to enter "1 for your spouse" if you're currently married. Since M and I are married, she enters '1' here too...and that makes for a total of 3? Does that make sense? Please clarify.

c) On M's I-864, since she does not make over the required amount, should she fill out any assets? Or, because her dad is also filing an I-864 (or I-864a if that's what it turns out to be), is this not something we should worry about?

5) How do we decide which lockbox or field office to mail our packages to, and should we be filing two separate packages (one for the I-130 and one for the I-485), or both together? I apologise if this is answered elsewhere; please feel free to simply point me there.

Thanks SO much, and we will keep the forum updated as things move.

[SandM 0]

Apologies for bumping this thread. It had slipped past the first page, and we're eagerly awaiting the forum's feedback. I know things slacken off and take off periodically, and it'd be great if some of you could chime in!

[Harpa Timsah 13,258]

You need to re read all of the instructions, or hire a lawyer. Your understanding of the whole process is lacking. If you file on Monday, I expect your package to be rejected, or worse, denied. I highly recommend slowing down, and reading the instructions.

[DandT14 272]

I can answer a couple of your questions. Not the I-864 stuff, since it confuses me and (thank goodness) I didn't have to deal with it.

Sign the forms by hand. If you want to be really awesome, use blue ink so they know they got original signatures (but you don't have to.)

You'll file the forms together. Create two "packages" with clips or whatever for your I-130 and I-485, then put them in the same envelope, along with your I-765 and I-864. Do the G-1145 if you want electronic notification of acceptance.

I don't have the form in front of me, but if #22 is the question that asks where you're going to file, put your local office there. Don't send your AOS package to them though, you send it to the Chicago lockbox.

Have you read the guide on this site for AOS? It explains most of what you need to know. Search this site for cover letters to go with your package and those will help you make sure you've got everything.

Edited July 29, 2012 by DandT14

[SandM 0]

DandT14: Thanks for the helpful information!

In general, it isn't that our understanding of the process is lacking. In fact, during our chat with an attorney, we learnt that on the whole, we checked off most things accurately. The questions we have are isolated concerns with specific form questions where the phrasing confuses us, or makes things ambiguous, etc. That is also why in our posts here, we refer to specific questions which we don't fully understand the meaning of (i.e., what specifically is being asked of the person(s) filling out that form in that question).

If there is some guide on the forum that goes through the forms on a per-question basis, please do point it out to us! It would be immensely helpful.

As far as filing on Monday or early this week goes: we do have the majority of every necessary form, as outlined on the general guides to the I-130 and 485 here, appropriately filled out. Currently, we're compiling our evidentiary documents. With the exception of certain isolated questions, everything else is as it should be.