About to get Married, I'm US Citizen, Fiance on Work Visa going to expire soon

[Goofytek 0]

We're about to get Married. I was born here in the USA and is a US Citizen. Fiance is on Work Visa here in US and is about to Expire. We been together for almost 2 years and was planning to get married sooner or later, but since the Work Visa is expiring soon within ~1-2 months time, we plan to get married to get the AOS going. She maxed out any extentions she has for the Work Visa over the years already.

Do we start with just the I-485 and the rest of the paper work, or do we follow the same steps as the K3-Visa Guild with the I-130 and forward.

Thanks!

[teeak 224]

Start with the I-485 and the other forms needed to adjust. You'll be submitting an I-130 along with your I-485.

Here's a helpful link: http://www.alllaw.com/articles/nolo/us-immigration/what-you-need-file-i-485-adjustment-status.html

[Ricdan 9]

First, get married. Second, fill out both the I-130, I-485, I-765, I-131, and supporting forms. Third, gather your evidence. Last, send everything out together. It's all one process for AOS.

Guide to follow: http://www.visajourney.com/content/i130guide2

[Goofytek 0]

Sweet, thanks for the quick response. I was looking at the i-130 form and had some basic questions:

14. "If your relative is currently in the US, complete the follow: He or She arrived as a:" Visitor (Because of her work visa?)

18. Address in the United States where your relative intends to live. She has a house under her name already and we currently live there together, assuming we put that address here?

19. Your relative's address abroad. Leave as N/A? As she already lives here?

22. Complete the information below if your relative is in the United States and will apply for adjustment of status. San Francisco, CA (or the closest USCIS office)

Thanks again, its nice to have a place where others has gone through or have a better understanding of this detailed procedure.

[Ricdan 9]

Sweet, thanks for the quick response. I was looking at the i-130 form and had some basic questions:

14. "If your relative is currently in the US, complete the follow: He or She arrived as a:" Visitor (Because of her work visa?)

18. Address in the United States where your relative intends to live. She has a house under her name already and we currently live there together, assuming we put that address here?

19. Your relative's address abroad. Leave as N/A? As she already lives here?

22. Complete the information below if your relative is in the United States and will apply for adjustment of status. San Francisco, CA (or the closest USCIS office)

Thanks again, its nice to have a place where others has gone through or have a better understanding of this detailed procedure.

14. Work Visa

18. Yes

19. None

22. Closest USCIS office (I assume SF has one)

Edited August 4, 2015 by Ricdan

[Goofytek 0]

Both the I-130 and I-485 packets are to be mailed to the Chicago PO Box? I cant just drop by a USCIS Field office to drop them off eh? If I do have to mail, it says to use USPS but its a different address if I use express, (UPS/FEDEX?). Can i use the fastest USPS Express service to the PO Box?

Thanks

[Ricdan 9]

Both the I-130 and I-485 packets are to be mailed to the Chicago PO Box? I cant just drop by a USCIS Field office to drop them off eh? If I do have to mail, it says to use USPS but its a different address if I use express, (UPS/FEDEX?). Can i use the fastest USPS Express service to the PO Box?

Thanks

You have to mail it to the Chicago Lockbox, you cannot drop it off at your local field office. You can use what ever service USPS offers to deliver your package to the P.O. Box address. The reason UPS/FedEx have a different address is because these companies do not deliver to P.O. Boxes.

[Goofytek 0]

We just got married a few days ago and i'm filling out the I-864 to go with the I-465. Since we been living together and just now married do i still need a I-864? When I fill out 1 for her(Principal Immigrant), 1 for me(Sponsor), and 1 for us being married? At the end it totals it up as a 3 person household. That's not correct right?

Would i just leave the married part at 0 because my spouse it already counted as the Principal Immigrant?

Thanks

[newacct 688]

We just got married a few days ago and i'm filling out the I-864 to go with the I-465. Since we been living together and just now married do i still need a I-864? When I fill out 1 for her(Principal Immigrant), 1 for me(Sponsor), and 1 for us being married? At the end it totals it up as a 3 person household. That's not correct right?

Would i just leave the married part at 0 because my spouse it already counted as the Principal Immigrant?

Thanks

That's right. You put 0 for spouse since she's already counted as the immigrant.

[Goofytek 0]

Fill out forms now, and have a few more questions.

1. Staying after Visa Expired if dont file in time?

2. Staying after Visa Expired if we filed before it expires?

3. Newly Married, what issues we need to worry about if any?

4. I-94? Just go to DHS.GOV to get electronic copy?

5. Need to do USCIS Medical I-693 for I-485 to be included or only after they request? same with biometrics? Dont see a form for that.

6. Working while waiting for I-765 EAD Approval? Under 180 Days? or stop then restart working instead?

7. G-1145, we can use either our names or emails to get notified that they got our packet?

[newacct 688]

Fill out forms now, and have a few more questions.

1. Staying after Visa Expired if dont file in time?

2. Staying after Visa Expired if we filed before it expires?

I think you mean "after status (I-94) expires" (the visa expiration date doesn't have anything to do with ability to stay).

After she files I-485 (regardless of whether she does it before or after status expires), she can stay.

3. Newly Married, what issues we need to worry about if any?

You may be a little short on evidence of bona fide marriage. Start financial comingling ASAP, and you'll have more by the time of the interview.

4. I-94? Just go to DHS.GOV to get electronic copy?

yes

5. Need to do USCIS Medical I-693 for I-485 to be included or only after they request? same with biometrics? Dont see a form for that.

I believed the medical needed to be included initially (because it is initial evidence for I-485), but someone here a few days ago showed something that says it can be sent later.

The biometrics is not something you send. It's something they will ask you to come in to do.

6. Working while waiting for I-765 EAD Approval? Under 180 Days? or stop then restart working instead?

She can work on her current work status as long as it's not expired and she hasn't violated it. After it expires and before she gets an EAD, she can't work (at least the company shouldn't let her work).

7. G-1145, we can use either our names or emails to get notified that they got our packet?

yes

[Goofytek 0]

One last major thing. Spouse don't have access to birth certificate, in safe in other side of the world. Any alternative options?

[newacct 688]

One last major thing. Spouse don't have access to birth certificate, in safe in other side of the world. Any alternative options?

Usually there is a way to order more copies of the birth certificate without being there, or a relative can order it for you.