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AnnaHarry

Family based I-130 864 485 765 131 please help

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I am(US citizen) filing for my spouse in family based category(I-130,485,864,765,131) who is on H1b(with I-140 approved through employer). Little back ground: My spouse was on student visa and then got his H1b.

I have few questions(regarding filing of 864,765,130,485,131). I will appreciate if you can help answering these

 

1.    On form I-864 part 6  >> point 7 >>My Current individual annual income is?
      Shall i enter approximate amount based on YTD numbers listed on my most recent    paystub? and calculate end of year YTD number based on current paycheck?

 

2.  on form I-485 Part >>point 2 &3 Receipt Number of Underlying petition?    Priority   Date of underlying petition?   

 shall i leave these blank? or does my spouse need to enter employer based I-140 petition details here?

 

3. I-765, Part2>>point 12>>Have you previously file I-765?. My husband filed I-765 for student EAD after his masters degree. what shall i select in this section (yes or No)? 

also point 26 under part 2 asks for SEVIS number. does my husband need to enter his sevis number from I-20 during student visa status? Currently my husband is on H1b(as mentioned in beginning)


4. I-131 does my husband need to complete part 5?

 

5. I-130 part 4 >>point 10>>Has anyone else ever filed a petition for the beneficiary?

 

My husbands employer filed petition based on employment based category (currently I-140 approved his priority date is not current) . what shall i answer to this question?

currently me and my husband are living in different states and he is trying to find a job in my state(California). is it ok to enter his Florida address in point 12 of part 4?

 

 

6. I-130 point4>>>>46d  Date authorized stay expired or will expire as shown on I-94.  

shall i enter date mentioned on my Husbands most recent H1b 797 approval notice(bottom of 797 has I-94 slip attached with dates) he recently got his H1b renewal done

 

7. form I-130 Part 4>>> point 61a and 61 b

the benificary is in US and will apply for adjustment of status to that of lawful permanent resident as USCIS office in ?  mention city? State?

what should be my answer here?
if my husband moves to California next month or so because of job) not sure what to mention here? please help
 

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


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 10/3/2019 at 11:57 PM, AnnaHarry said:

Hi, I adjusted from a student visa and just got my green card. We did this whole application ourselves so I hope my answers help. 

 

1.    On form I-864 part 6  >> point 7 >>My Current individual annual income is?
      Shall i enter approximate amount based on YTD numbers listed on my most recent paystub? and calculate end of year YTD number based on current paycheck?

My husband, the sponsor, used his annual income (so base salary + benefits), which I believe it what the term "annual income" means. I would go with that instead of what you are suggesting. 

 

2.  on form I-485 Part >>point 2 &3 Receipt Number of Underlying petition?   Priority  Date of underlying petition?   

 shall i leave these blank? or does my spouse need to enter employer based I-140 petition details here?

Leave both blank. 

 

3. I-765, Part2>>point 12>>Have you previously file I-765?. My husband filed I-765 for student EAD after his masters degree. what shall i select in this section (yes or No)? 

also point 26 under part 2 asks for SEVIS number. does my husband need to enter his sevis number from I-20 during student visa status? Currently my husband is on H1b(as mentioned in beginning)

Put Yes. Since he did apply for OPT - EAD

I don't believe he needs to put in his sevis number since he's no longer a F1 student. 


4. I-131 does my husband need to complete part 5?

An H1b is non-immigrant visa so he's not a permanent resident in this country yet so no. 

 

5. I-130 part 4 >>point 10>>Has anyone else ever filed a petition for the beneficiary?

My husbands employer filed petition based on employment based category (currently I-140 approved his priority date is not current) . what shall i answer to this question?

currently me and my husband are living in different states and he is trying to find a job in my state(California). is it ok to enter his Florida address in point 12 of part 4?

The h1b visa petition filed for your spouse was a non-immigrant visa application so for this case, no. 

 

6. I-130 point4>>>>46d  Date authorized stay expired or will expire as shown on I-94.  

shall i enter date mentioned on my Husbands most recent H1b 797 approval notice(bottom of 797 has I-94 slip attached with dates) he recently got his H1b renewal done

Use "D/S" for Duration of Status. 

 

7. form I-130 Part 4>>> point 61a and 61 b

the benificary is in US and will apply for adjustment of status to that of lawful permanent resident as USCIS office in ?  mention city? State?

what should be my answer here?
if my husband moves to California next month or so because of job) not sure what to mention here? please help

Is California where you guys will both be living? If so, yes. 

 


Charlotte, NC Field Office 

 

AOS from Student F-1 Status 

Package Sent (overnight via UPS): 04/04/2019

(day1) Delivered to USCIS: 04/05/2019 

(day5) Texts & Emails Received: 04/09/2019 (Checks Cashed Out: 04/10)

(day5) NOA: 04/09/2019

(day9) NOA Mails Received: 04/13/2019

(day43) 2nd Biometrics Appointment Notice (missed the 1st one on May 7 due to undeliverable mail): 05/17/2019

(day 49) Biometrics Notice Mail Received: 05/23/2019

(day50) Walk-in Biometrics Done: 05/24/2019

(day54) "Fingerprint Review Was Completed" status update on I-485 & I-765: 05/28/2019

(day57) "Case is Ready to Be Scheduled for An Interview": 05/31/2019

(day74) "New Card Is Being Produced" for I-765: 06/17/2019

(day75) "Case was Approved" for I-131: 06/18/2019

(day76) "Card was Mailed to Me": 06/19/2019

(day77) "Card Picked up by USPS" w. tracking included: 06/20/2019

(day78) Combo Card Delivered !!!: 06/21/2019

(day135) Interview Scheduled: 08/18/2019

(day 172) Interview Day: 09/23/2019 !!!APPROVED ON SPOT!!!!

 

Expedite EAD Timeline

(day49) Expedite EAD requested: 05/23/2019

(day55) USCIS emailed asking for additional info: 05/29/2019

(day62) Faxed USCIS additional info: 06/05/2019

(day64) USCIS emailed back confirming they have received docs: 06/07/2019

(day74) Status changed to "New Card Is Being Produced"!!!: 06/17/2019

(day75) "Case was Approved" for I-131: 06/18/2019

(day76) "Card was Mailed to Me": 06/19/2019

(day77) "Card Picked up by USPS" w. tracking included: 06/20/2019

(day78) Combo Card Delivered !!!: 06/21/2019

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