Filed I-485 / I-130 / I-693 ... Question about EAD and I-864

[Coderedpl 0]

Hi there,

I'm a naturalized citizen as of earlier this year, after our marriage in October, my wife and I filed for adjustment of status for her. She is an overstay after entering the USA legally (on B2 visa, which is expired now). So we filed I-485, I-130, and I-693 altogether and sent it in along with proof of bona-fide for the marriage.

We read the instructions of both forms and for some reason I assumed that is all that's necessary. I thought EAD was sort of included.

A few days ago we received a letter stating that the I-864 needs to be submitted? (this is under the 485 it seems)

Did I miss that somewhere in the instructions? I swear I do not recall seeing that anywhere.

About a day or so after that we also received a letter for her fingerprints in January. (I'm assuming that's good news)

It seems like we needed to file form I-765 along with the other forms for her to get the EAD in the usual time-frame. Through general reading it seems that after two months or so of filing the EAD comes in, she was hoping to start looking for a job when it does but it seems like it won't since we never filed the EAD form.

So at this point, my questions:

1. Is being asked for a I-864 normal?

2. The request for evidence (i-864) is connected to the the i-485 form, but when filling it out I assume i will be putting my name as the sponsor/petitioner and her as the principal immigrant? I'm at 234% FPL

3. Am I correct in assuming she will not get her EAD since we did not file I-765?

4a. Is the EAD only valid for the time until she gets her green card? (which judging from time estimates she should get the GC around March-April 2013? if all goes well)

4b. If so, is it really worth it filing now, considering by the time it gets there and all.

4c. I'm also going to guess no fee since its filed while 485 is pending.

4d. can we do it online?

7. Also last one, does she have to go get fingerprints the day off or can she go earlier?

Any help is appreciated.

[Harpa Timsah 13,258]

I-864 is required. Send EAD now, or no, she will not get it. Here is the VJ guide, you can study up on the parts you missed. http://www.visajourney.com/content/i130guide2

EAD is a temporary measure - once she gets the GC, EAD is no longer needed because the GC gives her the right to work and travel by itself. If you want an EAD, then apply for it. It is free when filed based on a I-485. No online.

Edited December 18, 2012 by Harpa Timsah

[didopage 337]

1. Yes, you missed it in the I-485 instructions: http://www.uscis.gov/files/form/i-485instr.pdf (page 4, 11A)

2. Yes.

3. Yes. No I-765 filed, no EAD.

4a. The EAD is valid for a year (temporary work authorization). The I-485 (green card) is usually processed in less than a year. You can't really know how long the I-485 (AOS) process will take, it can take a few months as it can take more than a year.

4b. Yes, it's worth it because: 1) it's free (she has a pending I-485 application so the I-765 fees are waived), 2) if her I-485 application takes a year to be processed, she will be able to work while waiting for it. Her EAD should be approved in 2-3 months.

4c. Yes, no fee.

4d. Not sure, but the paper form is pretty easy and quick to complete.

7. She should go to her scheduled appointment. She can try a walk-in earlier, but some places don't allow it.

Edited December 18, 2012 by didopage

[Coderedpl 0]

You are absolutely right, i did miss it. I think i know what messed me up but at least I know it was just my silly mistake.

I'll get those forms filled out and sent out asap.

Also, silly question. My wife just recently cut her hair, so it's much shorter than what she had in her photos when we submitted the application. (It's more than 30 days since filing now, actually just 4 days extra) Seeing as nothing ever stated you can't change your physical appearance, I don't think that should cause any issues?

[Penguin_ie 5,994]

*** Moving from AOS from Family to AOS from Tourist visa forum ****

[didopage 337]

You are absolutely right, i did miss it. I think i know what messed me up but at least I know it was just my silly mistake.

I'll get those forms filled out and sent out asap.

Also, silly question. My wife just recently cut her hair, so it's much shorter than what she had in her photos when we submitted the application. (It's more than 30 days since filing now, actually just 4 days extra) Seeing as nothing ever stated you can't change your physical appearance, I don't think that should cause any issues?

Don't worry about her new haircut.

But read carefully the instructions for form I-864. You need supporting evidences also (tax returns, pay stubs, letter from your employer...), and be sure that it shows that you meet the income requirements to support your wife. If not, she will need a co-sponsor.

[Coderedpl 0]

Don't worry about her new haircut.

But read carefully the instructions for form I-864. You need supporting evidences also (tax returns, pay stubs, letter from your employer...), and be sure that it shows that you meet the income requirements to support your wife. If not, she will need a co-sponsor.

Alright, great.

Yes indeed I will pay extra attention so I don't miss anything, I did look it over twice already and I got the basic idea, I do have my tax returns from last year and the year before and the most recent pay-stubs. Not sure I need the letter from employer but I'll be reading more into it.

Now based on the income requirements, it says you need to be at 125% FPL. I checked a few of the online calculators and they put me at 226.11 on a household size of 2. I made sure I read the requirements on the household size aswell, and that basically just includes myself and her as the other people such as my brother and parents do not count under that it seems.