Concurrent Filing IR-1 and Adjustment of Status

[TJF 0]

Hi everybody,

 

My new wife, a US citizen, and I (British) discovered that we are expecting a child recently and we have decided to have the baby here in the US and in order to stay together we are hoping to adjust status from the VWP and apply for a green card through a concurrent filing. I have read the step-by-step guide on visa journey as well as the information on the USCIS website and was just looking for some clarification from the experts here at visajourney.

 

1. With a concurrent filing of both the I-130 and I-485, should my wife and I provide two separate cover letters? One for each form including a checklist of documents?
2. Do I, the spouse, filing the I-485 need to include both a UK police certificate and the medical examination documentation (I-693) when filing or should we wait until USCIS ask for these documents?
3. How long are medical examinations valid for?
4. Given that my 90 days in the US ends on October 2nd and the due date of our child is September 29th, is there a specific time or sweet spot period when we should file the petition and documents?
5. Would Australian bank statements showing a joint checking account open for about 6 months be useful supplementary evidence in proving a bona fide marriage?
6. How many sworn affidavits of knowledge of the bona fides of our marriage are good to include as evidence?
7. Should my wife, a citizen who has been living and traveling outside of the US for the past 3 years, file and backdate her tax returns before or after we file?

 

Thanks a lot in advance,

 

A worried, desperate and excited father-to-be.

[arken 4,197]

21 minutes ago, TJF said:

Hi everybody,

 

My new wife, a US citizen, and I (British) discovered that we are expecting a child recently and we have decided to have the baby here in the US and in order to stay together we are hoping to adjust status from the VWP and apply for a green card through a concurrent filing. I have read the step-by-step guide on visa journey as well as the information on the USCIS website and was just looking for some clarification from the experts here at visajourney.

 

1. With a concurrent filing of both the I-130 and I-485, should my wife and I provide two separate cover letters? One for each form including a checklist of documents?

Not like you should but you may for clarity. Look for concurrent filings section in this forum and you’ll find bunch of cover letters that others used.

 

Quote

1. Do I, the spouse, filing the I-485 need to include both a UK police certificate and the medical examination documentation (I-693) when filing or should we wait until USCIS ask for these documents?

Police certificate not required at all.

I-693 can be submitted with i485 or later on brought to the interview.

 

Quote

1. How long are medical examinations valid for?

2 years if AOS is filed within 60 days of the i693 signature.

 

Quote

 

1. Given that my 90 days in the US ends on October 2nd and the due date of our child is September 29th, is there a specific time or sweet spot period when we should file the petition and documents?

ASAP

 

Quote

 

1. Would Australian bank statements showing a joint checking account open for about 6 months be useful supplementary evidence in proving a bona fide marriage?

Yes, but now that you two are here, better to have banking accounts here as evidences of ongoing relationship.

 

Quote

 

1. How many sworn affidavits of knowledge of the bona fides of our marriage are good to include as evidence?

Focus on other forms of evidences first. You don’t need affidavits. But provide one or two if your other evidences are not much. They don’t carry much value compared to others.

 

Quote

1. Should my wife, a citizen who has been living and traveling outside of the US for the past 3 years, file and backdate her tax returns before or after we file?

 

Thanks a lot in advance,

 

A worried, desperate and excited father-to-be.

If she was required to file, she must do so before filing the petition. What about current income? Who’s covering it for sponsorship?

[geowrian 22,335]

^Everything above. 👍

 

Also,

27 minutes ago, TJF said:

How many sworn affidavits of knowledge of the bona fides of our marriage are good to include as evidence?

Do you know anybody that has ever provided a negative affidavit? They're worth about as much as - or less than - the paper they're printed on.

[HRQX 4,145]

49 minutes ago, TJF said:

With a concurrent filing of both the I-130 and I-485...

In the thread's title IR-1 is mentioned; since you will adjust status, IR-1 visa isn't pertinent to your case. In your wife's I-130, she will answer questions 61.a. and 61.b. in Part 4 and leave 62.a-62.c blank. Your wife will also have to include an I-864 packet. You will include an I-485 and I-130A. It's highly recommended (but optional) that you also fill out I-765 and I-131; they are both free in your case. You send everything together to the Chicago Lockbox: https://www.uscis.gov/i-485-addresses

Edited August 6, 2019 by HRQX

[TJF 0]

10 minutes ago, arken said:

Police certificate not required at all.

I-693 can be submitted with i485 or later on brought to the interview.

Is it better to submit the I-693 before they ask for it to speed up the process or does it matter very little?

 

13 minutes ago, arken said:

Yes, but now that you two are here, better to have banking accounts here as evidences of ongoing relationship.

Can I even open a bank account here as a visitor without a SSN?

 

14 minutes ago, arken said:

Focus on other forms of evidences first. You don’t need affidavits. But provide one or two if your other evidences are not much. They don’t carry much value compared to others.

Our evidence at the moment is a marriage certificate, the australian joint bank account, documents provided by a midwife in the UK showing that we are expecting a child together, a selection of about 20 photographs showing our relationship together for the last 19 months across 5 countries.
 

Do you think we should use affidavits to supplement this?

 

14 minutes ago, geowrian said:

 

Do you know anybody that has ever provided a negative affidavit? They're worth about as much as - or less than - the paper they're printed on.

True - if we do need to use them, are they better off coming from friends or family? Or does it really not matter?

 

22 minutes ago, arken said:

If she was required to file, she must do so before filing the petition. What about current income? Who’s covering it for sponsorship?

My wife was traveling abroad on savings and was not earning above the threshold required to file. She is currently not working as we only arrived in the US about 5 weeks ago and is now 32 weeks pregnant.

 

We are going to rely on her father as a joint-sponsor and his income and assets cover us.

 

Thanks a bunch.

 

[HRQX 4,145]

5 minutes ago, TJF said:

Is it better to submit the I-693 before they ask for it to speed up the process or does it matter very little?

IMO, it's better to wait for them to ask for it.

6 minutes ago, TJF said:

Can I even open a bank account here as a visitor without a SSN?

It depends on the bank. Some big banks are more lenient; such as Bank of America and Wells Fargo.

[geowrian 22,335]

7 minutes ago, TJF said:

Is it better to submit the I-693 before they ask for it to speed up the process or does it matter very little?

It wont speed up anything. It will slow things down if you don't provide one by the end of the interview since they will issue an RFE for it.

 

7 minutes ago, TJF said:

Can I even open a bank account here as a visitor without a SSN?

Depends on bank, but that is a challenge. She may need to wait until she has an EAD to get an SSN to do the bank account.

Not really an issue....USCIS is well aware of this challenge at first.

 

7 minutes ago, TJF said:

Our evidence at the moment is a marriage certificate, the australian joint bank account, documents provided by a midwife in the UK showing that we are expecting a child together, a selection of about 20 photographs showing our relationship together for the last 19 months across 5 countries.

And that you live together, right? That would be the biggest item. Plus any evidence of your relationship before you got married (visits, places you went together, etc.).

 

7 minutes ago, TJF said:

Do you think we should use affidavits to supplement this?

Again, they're worth the same or less than the paper they're printed on.

 

7 minutes ago, TJF said:

True - if we do need to use them, are they better off coming from friends or family? Or does it really not matter?

Doesn't really matter.

[TJF 0]

5 minutes ago, geowrian said:

It wont speed up anything. It will slow things down if you don't provide one by the end of the interview since they will issue an RFE for it.

 

Depends on bank, but that is a challenge. She may need to wait until she has an EAD to get an SSN to do the bank account.

Not really an issue....USCIS is well aware of this challenge at first.

Got it. Thanks.

 

6 minutes ago, geowrian said:

And that you live together, right? That would be the biggest item. Plus any evidence of your relationship before you got married (visits, places you went together, etc.).

We are living at her parents house right now in CA and we have never leased a place together despite traveling across New Zealand and Australia for the past 18 months or so. That one is a little more difficult to prove I think. We do have evidence of us traveling to both the US and the UK to visit family and friends so that should work.

[Lil bear 3,831]

Moved to Adjustment of Status from tourist visa for most  accurate assistance 

[HRQX 4,145]

33 minutes ago, geowrian said:

Depends on bank, but that is a challenge. She may need to wait until she has an EAD to get an SSN to do the bank account.

Not really an issue....USCIS is well aware of this challenge at first.

OP's wife is a USC; OP is British.

@TJF, I forgot to mention that some banks, e.g. MUFG Union Bank, make you sign IRS form W-8BEN.

Edited August 6, 2019 by HRQX

[TJF 0]

1 minute ago, HRQX said:

OP's wife is a USC. OP is British. @TJF, I forgot to mention that some banks, e.g. MUFG Union Bank, make you sign IRS form W-8BEN.

Thanks for clarifying.

 

One other thing, I keep reading conflicting reports on whether or not you can file an I-485 if you were admitted to the US with a non-immigrant visa under the visa waiver program. I guess the most important question is, can I file, and the second question is will I need to complete I-485 Supplement A as well?

[arken 4,197]

You can file i485, and no need if supplement.

[HRQX 4,145]

24 minutes ago, TJF said:

can I file

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7:

Quote

Visa Waiver Programs

A foreign national admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. Similarly, a foreign national admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants.

You can adjust status because of the "These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen..." part.

24 minutes ago, TJF said:

will I need to complete I-485 Supplement A as well?

That doesn't apply to you since you will adjust under INA 245(a). Supplement A is for those who adjust under INA 245(i).

Edited August 6, 2019 by HRQX

[TJF 0]

2 minutes ago, HRQX said:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7:

You can adjust status because of the "These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen..." part.

That doesn't apply to you since you will adjust under INA 245(a). Supplement A is for those who adjust under INA 245(i).

Phew. The more I read, the more I confuse myself. Thanks for clearing that one up.

 

How would y’all recommend that my wife and I beef up the following evidence given that we have been travellers for the past 2+ years and are now living with my in-laws in California?

 

1 hour ago, TJF said:

Our evidence at the moment is a marriage certificate, the australian joint bank account, documents provided by a midwife in the UK showing that we are expecting a child together, a selection of about 20 photographs showing our relationship together for the last 19 months across 5 countries.

 

[HRQX 4,145]

2 hours ago, TJF said:

Given that my 90 days in the US ends on October 2nd

Just a heads up that if you are younger than 26, you will have to register with the Selective Service System: https://www.sss.gov/Registration-Info/Who-Registration

Edited August 6, 2019 by HRQX