Applying for i-485 on my own

[Myshambar 0]

Hi, first post to the forums

My name's Tyler, I am a naturalized US citizen who was adopted from South Korea at the age of 6 months. I met my wife about four years ago now, who came across with her parents and brother legally on a visa when she was only four years old. She is now 25, we have a two year old together, we have the past three years of W2's and taxes together all set to go, and we're looking into starting the process to get her permanent residency.

Her brother went through an immigration lawyer that ended up setting him back several thousand dollars, we are hoping to be able to do the paperwork on our own, but are looking for some advice for which forms exactly we will need to fill out. She is here legally, she just overstayed, but she never crossed back over illegally, has never had any legal problems or run ins with the police, never taken government aid, and she and I are both working. We have proof of us being together for four years, so I don't think we'll have any problems proving that.

My only question is if I only need to fill out the i-485, or will I have to file others as well?

Thank you for any help, we really appreciate it!

[Inky 1,110]

What visa did she arrive on?

[Darnell 8,478]

smells like the I-130 + the I-485, but we've a guide here for that.

Check the Guides Section, nowish.

[Myshambar 0]

I'm asking her right now, she might not know though...Is it critical to know which type she entered on?

Ok, she said a tourist but she isn't one hundred percent.

Also, I've been looking through the website and it looks like I will need to fill out the I-130, G-325a and I-864 before I even fill out the 485? The forms don't look too complicated, I just don't want to miss any or send too many of the wrong kind and end up getting rejected.

I'm asking her right now, she might not know though...Is it critical to know which type she entered on?

Ok, she said a tourist but she isn't one hundred percent.

Also, I've been looking through the website and it looks like I will need to fill out the I-130, G-325a and I-864 before I even fill out the 485? The forms don't look too complicated, I just don't want to miss any or send too many of the wrong kind and end up getting rejected.

[Myshambar 0]

I looked over the guide and from what I could gather, it said to fill out the 130 and 485, which I understand, but the other two being the 325a and 864 I'm assuming I should fill out regardless as they would help my case.

[C-ma'am 684]

**Post moved from AOS from family visas to AOS from Work, Student and Tourist visas. Person adjusting did not come into the country on a family based visa.

[hmh33 117]

How is she working? Did she fill out an I-9 when she accepted employment? Has she ever done anything that could be interpreted in any way as claiming to be a US citizen?

[Darnell 8,478]

I looked over the guide and from what I could gather, it said to fill out the 130 and 485, which I understand, but the other two being the 325a and 864 I'm assuming I should fill out regardless as they would help my case.

there's a list. i can't recall anything being optional.

[Myshambar 0]

She has been saying she is a citizen, yes.

And the list specifically says the i-765, i-131, and g-1145 are optional.

[hmh33 117]

She has been saying she is a citizen, yes.

This is a very big problem. You need a good lawyer.

Edited March 29, 2013 by hmh33

[Myshambar 0]

Oh no...This has been in the past few years. That really sucks

[hmh33 117]

There may be some hope.. if it was just on I-9 forms, those are usually held by the employer for 3 years and not submitted to the government unless an audit takes place. But you have to tread very very carefully with what you say to USCIS - musn't admit to it, but also mustn't lie about it... hence competent legal advice is needed. Try to find an immigration attorney who specializes in this area (false claims to US citizenship).

Edited March 29, 2013 by hmh33

[Myshambar 0]

To clarify, she does have her own social security number. It's just not authorized to work.

[C-ma'am 684]

To clarify, she does have her own social security number. It's just not authorized to work.

I'm afraid having her own SS# is completely irrelevant. Claiming to be a US Citizen (even once) constitutes misinterpretation. As you were advised, it'd be in your best interest to speak to a very good lawyer and take it from there.

[hmh33 117]

Right - whether she used a genuine or fake SSN doesn't matter. The problem is not that she worked without authorization (which is forgiven for immigrants adjusting status based on marriage to a US citizen), the problem is that she claimed to be a citizen in order to do so (which is not forgiven). The law is unreasonably harsh in this respect, IMO, but it's true.

Edited March 29, 2013 by hmh33