Questions for I-130 and I-485

[Maxismom 0]

Hi everybody, 

I'm filling for AOS based on marriage on a VWP visa and I have some questions:

1. How long did you wait to apply after entering the country?

2. I-865 Affidavit of support: I have a sponsor, does my husband need to sign the document as well? 

3. Translations: Do they need to be notarized or can someone simply sign it?

4. Do I need to send some pictures to probe marriage or are the pictures for the interview? 

5. How should I prepare the folder? every form separately or all together?

6. If I'm sending forms I130, I485, I765,  Do I need to attach passport pictures for every form?

7. In form I130 they ask for "current address outside the US", what should I put if I don't have one?

 

Thank you so much!!!

 

[Maxismom 0]

Also: what dates should I put for a Advance parole? Is it necessary to apply for it?

[shumway1756 304]

Are you already in the USA or planning to come?

• VWP is for visiting the US, it is not for immigration and it is unlawful to use it in this way. You risk being turned away at POE if caught doing this (and lying to CBP is not advisable). Have your USC/LPR spouse petition for an IR1 spousal visa which you will receive from the embassy in your home country. Process is 12-14 months at present if married to USC.
• If you are already in the US, you are technically permitted to adjust status. Don't expect a lot of people here to be happy about that and offer much help, it's a touchy subject.

I-864 (I assume you meant 864, as the 865 is for changing address) is only signed by the petitioner/sponsor.

 

Translations just need to be signed with a statement indicating that the translator is competent to translate from the specific language to English. USCIS says, "There must be a certification from the translator indicating that the translation is complete and accurate and attesting to his or her competence as a translator." See here.

 

Send pictures with your package.

 

Organizing everything is a matter of preference, but avoid stapling, and try to be logical. Also include a cover letter indicating what all is included, and list things in the order that you've included them. I used a lot of paperclips to divide forms, evidences, etc. Minimal burden to the officer reviewing, and ensured everything was easy to understand and not all run together.

 

Not sure about the last 2, I'm sure someone else can help out there.

 

 

[geowrian 22,344]

1. Doesn't matter...it's not a factor for AOS.
2. The petitioner must file an I-864 and provide at leas the most recent year's tax return. A joint sponsor must do the same.
   1. It's the I-864 (I-865 is to report a change of address for an I-864 sponsor)
3. http://www.visajourney.com/content/translations
4. There's no "right" answer, but sending them before is probably better.
5. We used separate folders for each form type. The check and cover letter was in front.
6. Yes
7. "Provide the beneficiary's address outside the United States, if different from Item Numbers 11.a. - 11.h. If the address is the same, type or print "SAME" in Item Number 13.a"
8. AP is not required but highly recommended. Dates are not important..."As needed" is fine.

[PollyC 119]

56 minutes ago, Maxismom said:

Hi everybody, 

I'm filling for AOS based on marriage on a VWP visa and I have some questions:

1. How long did you wait to apply after entering the country?

2. I-865 Affidavit of support: I have a sponsor, does my husband need to sign the document as well? 

3. Translations: Do they need to be notarized or can someone simply sign it?

4. Do I need to send some pictures to probe marriage or are the pictures for the interview? 

5. How should I prepare the folder? every form separately or all together?

6. If I'm sending forms I130, I485, I765,  Do I need to attach passport pictures for every form?

7. In form I130 they ask for "current address outside the US", what should I put if I don't have one?

8. what dates should I put for a Advance parole? Is it necessary to apply for it?

Thank you so much!!!

 

1

My Case:

 

1) In my opinion, I think you better file it before your visa expired

 

2) I think the form just need your husband signature only (no need the other sponsor signature) (It's I-864)

 

3) I believe they need a translator who has a translation certificate? (Im not sure about that as I didn't use any translator) 

 

4) I did send some pictures as our bona fide marriage evidence 

 

5) for me i separate in 4 folders  (see the photo below)

 

https://www.uscis.gov/forms-filing-tips (you can find some filing tips here on the USCIS website)

 

 

6) there's an instruction for every form tells you if you need photos or not. but here is the numbers of passport photo (2x2') you need for the forms you mention:

I-130 (2 passport-style photos of the petitioner & 2 passport-style photos of the beneficiary;)

I-485 (2 passport-style photos of the beneficiary)

I-765 (2 passport-style photos of the beneficiary)

I-131 (2 passport-style photos of the beneficiary)

 

7) are you talking about the one in page 2? 

 

8) for me i just wrote "Unknown"

 

Hope it helps!

Edited June 27, 2018 by PollyC

[Maxismom 0]

Thank You for your help!!!

My husband doesn't have an income right now and the last four years he worked outside the US, he doesn't have tax returns... what should we do?

[geowrian 22,344]

1 minute ago, Maxismom said:

My husband doesn't have an income right now and the last four years he worked outside the US, he doesn't have tax returns... what should we do?

USCs (and green card holders) are required to file taxes and report worldwide income.

If he was required to file and didn't then he must file those backed tax returns before he can submit an I-864 (which is required for AOS).

If he had no income or it was below the minimum threshold to file, then he can submit a signed letter stating why he was not required to file.

[Roel 7,193]

Curious why you didn't file for spouse visa (you know, like regular married couples do)  but opt to adjust from vwp. Which it's obvious it was your plan all along. Are you even in the US right now?