495/130 - So confused!

[liefdeis21 0]

We are starting on all the paperwork and my head is spinning. It doesn't help that I am the only one working, and working crazy hours and trying to get this done I'm looking at the I-485 at I have some questions.

1 - Criminal History - It appears to me that you only have to submit this if you HAVE a criminal history? Is that right? He worked a travel job the last five years where he was literally in a new country every day and had no real residence. How on earth would I even get this?

2 - Biometrics Services - it says to file the application with this "evidence", yet also implies that this is something the USCIS will contact us to do once they receive our application? Which is it?

3 - Medical exam - it says "when required" - how do I know if this is required?

Thanks in advance!

[Pitaya 2,577]

~Moved from What Visa Do I Need to IR1/CR1 Spouse Visa Process Forum~

~Inquiries about spouse visa process~

A little bit of confusion, what visa are you seeking? And where are you in the process?

It helps everyone that uses the forum. Additionally, it enables other forum members to clearly understand where you are in your particular visa journey.

Pitaya

VJ Moderation

Edited January 25, 2016 by Pitaya

[phd1974 17]

If we are solely talking about submitting either the I485 or I130 forms ...

1.) I'm not sure what part of the forms you are referring to here, the I485 has a list of questions that are criminal in nature that you have to check a "yes or no" box to .... the I130 has no mention of criminal record. (though you will have to access this in the future. If there is no criminal record, then the only thing related to that ... that you will need ... is police certificates, but you don't have to grab those until later on in the process.

2.) Once your I485 is in process, you will receive a letter from them stating a date and time that they will do your Biometrics (usually at a USCIS office locally) ... I have never sent anything from the Biometrics office to send .... they do it automatically from the local office. So I'm not sure what the first part is that your stated about evidence.

3.) They will let you know through an RFE if you need one (if you have not had all the required shots ... if your medical expired, etc.)

[liefdeis21 0]

Thanks! I'm referring to the "Instructions" forms that have a list of what to send with the application. That's why I was confused because they make it seem like we need to send these things upfront in the instructions, while stating that they will contact us to do it later. I didn't want to send an incomplete application and get off on the wrong foot.

[mallafri76 1,012]

Ok I'm confused because you're in the CR/IR-1 forum and your timeline says you're filing for a CR/IR-1 visa. The i-485 is not used for the CR/IR-1 visas, it's used for adjusting status. So are you abroad filing for a spousal visa or are you already in the US filing for adjustment of status to be allowed to stay there?

If you're talking about the I-130, then that is filed by the petitioner (the USC) and involves showing that you're married and to prove the bona fidas of your relationship. Police certs etc from the beneficiary isn't until the NVC stage.

[liefdeis21 0]

We were originally going to go the CR-1 route. But he stayed after marriage. I don't know how to change it on here even though I've updated my timeline and unfortunately, between working over 50-60 hours a week, I don't have much time to try to figure out the logistics of how to use this website to a tee.

NOW we are filing I-130 concurrently with the I-495. There are instruction forms that go with the forms you complete. They list documents that they say must be filed WITH the application, not later. Hence my confusion.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[phd1974 17]

Thanks! I'm referring to the "Instructions" forms that have a list of what to send with the application. That's why I was confused because they make it seem like we need to send these things upfront in the instructions, while stating that they will contact us to do it later. I didn't want to send an incomplete application and get off on the wrong foot.

They are just stating that IF .... IF you have a criminal history, based on the items they listed, you will need to submit what they require. If there is no criminal history, you do not need to send in anything regarding criminal history.