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Eduardo_GM

What forms should I fill? Citizen married a J1 holder who overstayed.

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I am new to this forum so I apologize in advance if I this topic was covered already or if I am against the page's policies in any way.  

 

Basically, the situation is that my wife entered the country with a J1 visa and overstayed.  The 2 year requirement doesn't apply to her.  I am a US citizen.  We got married 3 weeks ago after 3.5 years of relationship and now I'd like to start the process for her to get the green card.  I am a little confused about which forms to fill after reading the instructions in form I-130 and I-485.  I am debating now weather to hire an attorney, a middle man with knowledge in immigration forms, go to a website like "Citizenpath" or "Simplecitizen" to help me fill out the forms, or to do it myself.  This process is very important to us and I don't want to take the risk of being rejected for saving money.  

 

So my questions are:

- which are the specific forms I should be filling for our case? Do I send them all concurrently?

- Besides the forms, what supporting evidence should I attach?

- I've heard there are medical exams and fingerprints to be taken; is it true? what else should I expect in the process?

 

Thanks in advance to anyone willing to help us.  

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Thank you for your response @aaron2020.

 

After an initial reading, my first questions are:

 

- If copy of US passport is provided, US citizen's birth certificate is not necessary in neither the I-130 nor the I-485 packages??

- Are official translators needed or can I translate the documents myself? If official translators are needed, is there a list?

- The passport style photos are attached to a blank sheet of paper?

- For the affidavits for the bonafide, is there a specific form to be filled? 

- The medical examinations (Form I-693) are done before sending the package? How far in advance should they be done? And is there a list of doctors approved by the USCIS for this?

- After I've completed and filled both packages (I-130 and I-485), do I mail them separately or do I put them together in one big envelope and mail it?

 

Thank you so much for your help in this matter.  

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7 minutes ago, Eduardo_GM said:

Thank you for your response @aaron2020.

 

After an initial reading, my first questions are:

 

- If copy of US passport is provided, US citizen's birth certificate is not necessary in neither the I-130 nor the I-485 packages??

- Are official translators needed or can I translate the documents myself? If official translators are needed, is there a list?

- The passport style photos are attached to a blank sheet of paper?

- For the affidavits for the bonafide, is there a specific form to be filled? 

- The medical examinations (Form I-693) are done before sending the package? How far in advance should they be done? And is there a list of doctors approved by the USCIS for this?

- After I've completed and filled both packages (I-130 and I-485), do I mail them separately or do I put them together in one big envelope and mail it?

 

Thank you so much for your help in this matter.  

1)  assemble each of the filings separately so they can stand alone. Passport ID page qualifies ad proof of citizenship 

 

2)  if fluent in both languages then no.  Each translation needs to be attested by the translator

 

3) most place inside a small clear plastic packet

 

4) meaningless

 

5) either, with the package or at the interview 

 

6) yes, only certain doctors are approved 

 

7) assembled separately but can be mailed together 


YMMV

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15 minutes ago, Eduardo_GM said:

Guys, do you know if it's necessary for my wife's passport to be unexpired? we may only have access to her expired passport.  Thanks. 

What do you need her passport for?


YMMV

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10 minutes ago, payxibka said:

What do you need her passport for?

well, the checklist shows item 4 in the i-485 checklist:

"

Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).

"

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1 minute ago, Eduardo_GM said:

well, the checklist shows item 4 in the i-485 checklist:

"

Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).

"

Thats all you need. It does not matter whether it is expired or not

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10 minutes ago, Eduardo_GM said:

well, the checklist shows item 4 in the i-485 checklist:

"

Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).

"

You can only provide what you have 


YMMV

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Remember to file I765 so that she can work legally, and i131 so that she can travel and come back.

File all of them together in one big package. My order from top to bottom: i130, i485, i765, i131

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