tobatz

Hi again,

I'm trying to fill up the above forms for my wife/daughter. Their current status is H1B/H4.They are currently leaving with me here in the US. I'm a US citizen. It is my understanding that I would need to file a separate Form I-130,I-485,I-864 and G-325a for each of them to adjust their status. Please add any forms that are not listed that needs to be submitted.

As for I-485, under page 2 (Part 3B) - Information of the intending immigrant's spouse/children. There's a question on this part that says "Applying with you? Y/N?".

- What should she answer when it comes to our daughter's info? Since I have a separate petition for our daughter, is it correct that her answer is "NO". I'm providing a link of the form below.

http://www.visajourney.com/content/adjustmentforms

For forms I-846, I've been unemployed since last year and my individual income for that fiscal year is 0. To meet the income requirement, I've included my wife who is the intending immigrant. Link of the said form is same as above.

- Which option page 4 (Part 6. Q #24 d or e) should I check?

Part 6

.

.

Option D - The person listed above have completed Form I-864A. I'm filing along with this form all necessary Forms I-864A completed by these persons.

Option E - The person listed above ________ does not need to complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents.

- On Page page 4 (Part 6 Q #25) Do I need to put our joint income for the last 3 years or put only my own income? (we filed income jointly)

- As for my daughter's affidavit of support, Can I use my wife's income to meet the requirement when filing for I-864?

- If yes, does my wife need to file I-864A ?

yes, my daughter's visa is still valid. She is 3 years old.

I need to clarify something, Do I need to file a separate I-485 for my wife and daughter or use only one I-485 for the both them?

Thanks for the reply...Yeah I think your are right. I was reading the uscis.gov website and I happen to stumble on Adjudicator's Field Manual - Chapter 17 which covers N-600 and N-600K. One of the requirements for a US citizen to file for N-600/N-600K is "The parent must be a citizen of the United States at the time of the child’s birth". I just got naturalized last week so filing for N-600 for my daughter is out of the question....

Btw, aside from the forms above, are there any forms that I need to fill up? I believe I can send all these forms in one mailing, correct?

good day,

First of all, I'd like to thank this forum for all the help during my journey to my naturalization. This forum has helped me a lot and now I'm here again to ask your help. My wife/daughter came to the US 3 years ago with H1B/H4 visa. My wife's visa is still current.I just got naturalized and I'm on the process adjusting their status. I was browsing through uscis.gov and found out these are forms that I need to fill up.

* Form I-130 - Petition for Alien Relative (wife)

* Form I-864 - Affidavit of Support

* Form I-485 - Adjust Status

* Form N-600 - Application for Certificate of Citizenship (Daughter)

My question is, do I need to file Form I-130 for my daughter together with Form N-600?

Thanks.

This is not correct. An LPR cannot concurrently file an I-130 and an I-485. Those forms can only be filed concurrently if the approved I-130 would make an immigrant visa number immediately available for the alien. The only visas that fall into that category are immediate relative of a US citizen. The I-130 would need to be approved, and the priority date would need to be current before his wife could apply for a green card. There's currently a 3 year wait. In addition, she'd need to maintain her non-immigrant status until her green card application was submitted.

It would be much faster to become a US citizen and then file concurrently.

Hmmm, interesting. . Thanks for the information. This is most likely the step I will take... . Btw, what's the average waiting time for their AOS approval? As for my US citizenship, i know it will take about 6months give or take...

I don't know what form I-45 is...

But you would have to file I-130 + G325a + I-485 + I-864

You need to go and read the guides. They are there for a reason, to help you with the steps and understand what you need to do.

i'm sorry what i mean was I-485. My brain types faster than my hands and I have this bad habit of posting messages without proofreading Yeah I need to file 130,biometric form, AOS form etc but which of the path is faster, file them while I'm still an immigrant or wait 'til I get my US citizenship?

thanks for a quick reply...cheers!

both could be possible to apply for AOS(I-130/I-485)for your love ones,If you are eligible to sponsor as an immigrant yes it is more faster because you can file an application right away.Now if you will wait to be naturalized It'll take more time before you can apply for AOS of your love ones.

thanks for a quick reply. So it's faster to apply for an AOS as an immigrant rather than wait to be naturalized? One more thing, what do you mean by "if you are eligible to sponsor as an imigrant" are there any criteria to sponsor this type of petition

Thanks again, mabuhay!!!

Hello, i'm not sure if this is the correct forum i've put my thread. If not, kindly transfer it to the correct forum.

I'm a legal resident since 2005 under Family based petition F2B. My wife/daughter(1yr old) entered the US last year with H1B(working visa)/H4(dependent visa). If i've read the USCIS site correctly ,I would need fill up I-45 form to adjust their status to immigrant.

My question is, which is faster? apply an adjustment of their status as an immigrant or apply an adjustment of their status once I acquire my US citizenship.

Thank you and more power!