Family based I-130 864 485 765 131 please help

[AnnaHarry 0]

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
 

[Ryan H 3,790]

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

[my&aaron 54]

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.