Marriage on ESTA?

[Irish87 0]

Hi again. We just got our marriage license today, and will have the wedding complete within the next 5-10 days (about 10 days before my VWP is up).

Just confirming what I need to do as soon as we're officially married:

I'm using this link to provide me with all the forms I need.

I will have the i-130 package, including the i-130 form, a copy of my wife's birth cert and passport, a copy of my own passport, a copy of our marriage cert, and a g-325a biometric form from both of us.

The one part I'm a little confused by is #15: "Evidence of a bonafide marriage". I'll be sending these off the day we get married. We won't have any joint accounts yet. I can only provide evidence of our relationship (photos, travel receipts, etc) - is that enough?

I'm also having trouble with the i-485. Do I send it with the others, or is it separate? The wording is also a little confusing in section part 2, option b, where it says "my spouse of parent applied for adjustment of status..." - that's what I tick, right? To me, "applied for adjustment of MY status" is more accurate. Reading it as it is makes it look like she's the one who's looking for adjustment. (Sorry, I know I'm nitpicking... just trying to be 100% thorough).

For the i-864 (Affidavit of support) that I send with the main package, do I need 2 copies? One for my wife to tick "I am the petitioner", and one for her father to tick "I am the [second] of 2 joint sponsors?

I also noticed I'm asked for a i-94 number. Should I have one of those on the VWP?

Oh, and at the very top of the Biograhic Info form, it asks for a "file number". What's that?

And finally, what's the "EAD"? Google tells me it's a employment authorization document. Does that automatically come when I make these applications, or is that yet another form?

Edited August 15, 2012 by Irish87

[Irish87 0]

Ugh, I remember having the i94 the first two times I was here. Don't think I got one this time, and if I did, it's been long forgotten and I can't find it anywhere. This is bad, right?

[Harpa Timsah 13,258]

I think you need to read the link again. You are missing a lot, and that's the best place to answer them. EAD question is answered in the link (with the form number) and many other things.

[Hypnos 6,576]

If you entered on the VWP you will not have an I-94, however you should have a stamp in your passport that you should enclose a copy of with your application.

[Irish87 0]

If you entered on the VWP you will not have an I-94, however you should have a stamp in your passport that you should enclose a copy of with your application.

Are you certain of this? I thought the I-94 was the green form I filled in and handed to the customs officer. I remember my last visits when I was given the bottom part (designed to tear off) and told to keep it until returning home.

I really hope you're right though, because I'm almost certain I didn't get that bottom part back this time - but still have managed to turn my house upside-down in an attempt to find it today just in case.

So I guess I just leave all the i94 parts of the forms blank?

Edited August 15, 2012 by Irish87

[Harpa Timsah 13,258]

The green form was the I-94W for waiver, but this has now been replaced with the electronic ESTA system. You do not have an I-94 now. You can put "none."

[Xanax 349]

The green form was the I-94W for waiver, but this has now been replaced with the electronic ESTA system. You do not have an I-94 now. You can put "none."

a lot of people write "none- VWP".

Edited August 15, 2012 by Xanax

[Hypnos 6,576]

Previously you would receive a green I-94W even when entering the United States on the VWP.

Over the past two years these have been phased out in favour of electronic pre-authorisations tied to your passport number (the ESTA system). The I-94Ws were discontinued for air travel in the middle of 2010, so if you have entered by air since then then you will not have a physical I-94W.

[AF-Wife 181]

Write N/A for your I-94, because it is not applicable to VWP-Tourist.

[Little_My 464]

I agree with Harpa - it seems like you are missing a lot of important parts of the process, so if I were you I would re-read the AOS guide here on VJ, and also re-read the actual instructions for each separate form. Everything is explained in those.

You plan to send your package as soon as you are married - have you done the medical by a certified civil surgeon? You also need a copy of your original birth certificate, which I would assume is in Ireland. Have you had that sent over? For the AOS, you can just get a scanned copy of that to make things faster, but you'll need to have the original in the US for the interview.

You will need some proof of bonafide marriage with the AOS paperwork, regardless of your marriage being new. Photos and tickets/stamps that show you have visited each other or travelled together are fine, but I would suggest trying to get something more "hard" evidence as well. Open a joint bank account or take out a joint credit card, get a joint phone plan.. something.

[Irish87 0]

You plan to send your package as soon as you are married - have you done the medical by a certified civil surgeon?

Does that have to be now? I thought that was something that was done later, no? The guide mentions it at the end as something that "may" have to be done. I knew I'd have to do it, but figured that was later down the line.

[Harpa Timsah 13,258]

Does that have to be now? I thought that was something that was done later, no? The guide mentions it at the end as something that "may" have to be done. I knew I'd have to do it, but figured that was later down the line.

Okay, Irish, mate...

We are trying to tell you gently that you are missing huge holes in your comprehension of this process. Some of your questions are like, "Do I have to boil water to make pasta?" Do you want us to tell you more loudly now? You are in dangerous territory here! You get no chance for appeal with the VWP so don't mess up on paperwork!

This is DIY site, with emphasis on D.

Of course, everyone starts off not knowing anything, but I don't think you have properly read the guide linked above. it seems at best you skimmed it.

YES, you need a medical done before you send the package!

YES, you need to send the I-485 along with it! That's the whole application to get the GC!

I will help you with one thing that is commonly misunderstood - your reason code in part 2 of the I-485 is A.

Really, you seem like a nice guy, so I hate to kick you a bit, but if you don't take this at least a bit more seriously and do some studying and figuring, you will fail. You don't want to waste $1500, right?

Do you have the right guide? It does not say a medical MAY be required, no how!

http://www.visajourney.com/content/i130guide2

It says you need: I-693, Medical Examination of Aliens Seeking Adjustment of Status

I mean... really? You think that says it might be required?

Edited August 16, 2012 by Harpa Timsah

[Little_My 464]

I would also strongly encourage you to go back to the guide, read it again, then re-read it, and then print out the instructions for each and every form from USCIS site and read those as well. The whole process is laid out in those sources, and it does seem like you are either looking at a wrong guide, or not reading things carefully enough.

Nothing on the VJ guide, or the instructions is optional. All that HAS to be filed in the package you sent, otherwise your package will either be rejected and sent right back to you, or you'll get an RFE which will delay your process by weeks, possibly by months. The only things that are optional are..

I-131 for AP, the travel document that allows the foreign spouse to travel internationally while AOS is pending, if there is no substantial overstay that would warrant a ban, and

I-765 for EAD employment document, which allows the foreign spouse to work while AOS is pending on a temporary work permit.

Everything else is mandatory. And everything else has to be sent WITH the package - not later, not after, not somewhere down the line. You HAVE to send in some proof of bonafide marriage with the original submission. You can bring more to the interview, but something must be included with the paperwork you send to USCIS. Something In Addition to the marriage certificate. This is also laid out in the I-130 instructions.