vgupt

Because I-131 is free and most people have some chance of being called outside the U.S. on an emergency basis (i.e., a sick family member), I would recommend filing it anyway. You don't need to specify travel plans on I-131; those questions are optional.

If you've already sent in your packet, you can wait until you get your NOA1 and file I-131 with a copy of the NOA1. It will still be free.

Okay... That makes sense. Thanks again! I sent the packet today so will wait for NOA1.

Leave question 25 unchecked. Your wife should include a written statement that explains (1) why she wasn't required to file (e.g., because she had no income in any of those years), (2) that she was recently married in March 2012, and so hasn't had the chance to file jointly yet, and (3) that the intending immigrant/spouse's income will continue from the same source, so she is including it and attaching tax returns from the intending immigrant.

Also I recommend obtaining tax return transcripts instead of sending the tax returns. They are free and come reasonably quickly. USCIS prefers them and there's less risk you will leave out a worksheet or schedule that is required (or omit a W-2, etc.) http://www.irs.gov/individuals/article/0,,id=232168,00.html

Okay, thank you very much! I have attached additional information/sheet with the I 864 for question 25 mentioning details. Also I got the tax transcripts from the IRS so attached them to the form instead of copies of tax returns. Thank you!

I noticed you seem to be filing I-765 but not I-131? Is there a reason why?

You can travel outside of the U.S. with your H1-B as long as you remain in status on it. Similarly, you can continue working on it while you're in status (and wouldn't need an EAD). That is why I'm questioning your need for I-765 and not I-131. If you intend to use the EAD, you should know that using it technically puts you out of status on your H1-B and prevents you from using it to travel. If you are getting the EAD as a backup in case you go out of status on your H1-B, you should also get advance parole using I-131.

Thank you for the advice and sharing the details. Actually I don't have any plans to travel outside USA as of now and can wait for next few months before the GC comes therefore seeing the information required in I-131, I didn't fill it out. Hopefully EAD/GC processing will go normally. Hoping for the best! Thanks again.

Hello,

First of all thank you very much to visajourney and all the people who been posting good information and helping with the questions. It all has been very helpful to me in preparing the application for concurrent filing of I 130 and I 485. I am on H1B and my wife is a US citizen and a student (unemployed). We are currently not living together as my wife's is almost near her graduation and staying at the same place where her school is. I have tried to document most of the things and I am almost done with the forms and need help to verify if everything is included in my cover letter. Please see below and advice if anything is missing. Thank you very much!

----------------

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

June 12, 2012

Dear Sir/ Madam,

Please find enclosed concurrent filing of forms: Concurrent Filing of I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization)

Petitioner (U.S. Citizen): Name

Beneficiary (Alien Spouse): Name

Contents include:

1. Form G-1145 E-Notification of application/petition acceptance

2. I-130 Petition For Alien Relative

• Check payable to U.S. Department of Homeland of Security for $420 filing fee

• Copy of all the pages in the passport for U.S. citizen and petitioner

• Copy of birth certificate for U.S. citizen and petitioner

• Copy of marriage certificate

• Form G-325A, biographic information, for U.S. citizen and petitioner

• Passport-style color photo of U.S. citizen and petitioner

• Form G-325A, biographic information, for beneficiary

• Passport-style color photo of beneficiary

• Evidence in support of a Bona fide Marriage -

 Letter explaining our relationship history, marriage, and our future plans together

 Itineraries for our trips together and to see each other.

 Copy of joint bank account statement for the period Apr 2012 - May 2012

 Copy of our credit card account statement for Jan 2012 - May 2012

 Selection of pictures that document relationship and marriage

 Phone Calls and Texts summary.

3. I-485 Application To Register Permanent Residence Or Adjust Status

• Check payable to U.S. Department of Homeland of Security for $1070 ($985 I-485 filing fee + $85 biometric fee)

• Copy of latest and valid I-94 form

• Copy of marriage certificate

• Birth Certificate of beneficiary with additional documents -

 Letter with details for no name in the birth certificate.

 Copy of original birth certificate

 Copy of Translated Birth Certificate (in English)

 Letter of translation by mother of beneficiary

 School Passing certificate showing the name and date of birth

 Passport copies showing the name, place of birth, date of birth as well as father's and mother's names

 Copy of Indian Permanent Account Number (PAN) showing the name, date of birth and father's name

• Form G-325A, biographic information, for beneficiary

• Two passport-style color photos of beneficiary

• Sealed envelope containing form I-693, Report of Medical Examination and Vaccination Record

4. I-864 Affidavit of Support

• Additional information for question 25 (question left blank in form with no option selected as petitioner is unemployed and income of principal immigrant/beneficiary is being used).

• Copy of principal immigrant/beneficiary’s IRS tax transcripts and W-2 forms for the year 2011, 2010 and 2009 along with 1099-T for 2009.

• Copy of principal immigrant/beneficiary's pay stubs for last six months from the period Dec 2011 – May 2012.

• Copy of evidence of employment from principal immigrant/beneficiary’s employer.

5. I-765 Application For Employment Authorization

• Two passport-style color photos of beneficiary

Thank you very much!

Signature -

Name - Name

Date – 06/12/2012

Address - address

Phone - number

Email - email

Hi everyone,

My wife and I (USC) had a successful green card interview in Boston, MA today. It was very relaxed, and the interviewer asked some fair, straightforward questions about our personal histories, how we met, and evidence of a bona fide marriage. We were interviewed sequentially and separately, with the USC going first. I was actually disappointed that I hardly got to bring out any evidence. If there are no special circumstances and you have some time to be careful about paperwork, I think a lawyer is not needed for this process, as I handled all of the paperwork myself, and I'm glad to have the extra $1500. As an aside, my wife tried twice to do walk-in biometrics, but she was turned away twice, so we just stuck with the original appointment.

I want to thank all of you who offered advice a few months ago when we were thinking about what the best application route would be. This definitely was the safest and fastest route, with approval in less than 3 months after I mailed out the packet. I've updated our timeline, and we expect the green card to come in the mail sometime in the next few weeks.

To help assist others along this path, I'd like to share my own personal checklist/cover letters that I used, as I felt that this was the most difficult part of the process. My wife applied for employment authorization, but not for advance parole. I used removable stick tabs to label each set of forms, which I thought made things more organized. I didn't do anything else, such as ACCO fasteners.

Primary cover letter said that forms for the following would be enclosed:

Form I-130, Petition for Alien Relative

Form I-485, Application to Register Permanent Residence or Adjust Status

Form G-1145, E-Notification of Application/Petition Acceptance

I-130 packet:

- Check payable to U.S. Department of Homeland of Security for $420 filing fee

- Form I-130, Petition for Alien Relative

- Copy of all the pages in the passport for U.S. citizen and petitioner

- Copy of all the pages in the passport for beneficiary

- Copy of certified marriage certificate

- Form G-325A, biographic information, for U.S. citizen and petitioner

- Passport-style color photo of U.S. citizen and petitioner

- Form G-325A, biographic information, for beneficiary

- Passport-style color photo of beneficiary

- Evidence in support of a bona fide marriage:

- Letter from bank & bank account query confirming co-mingling of finances in the form of a joint account

- Wife and beneficiary listed as beneficiary of the 401K of U.S. citizen and petitioner

- Photos (6 photos) from relationship of beneficiary and U.S. citizen/petitioner, with dates of photos taken and descriptions of event and locations written on the back of photos

I-485 packet:

- Check payable to U.S. Department of Homeland of Security for $1070 ($985 I-485 filing fee + $85 biometric fee)

- Form I-485, Application to Register Permanent Residence or Adjust Status

- Copy of all the pages in the passport for beneficiary

- Copies of the front and back of the valid I-94 within the passport

- Copy of certified translated and notarized birth certificate of beneficiary, with original copy included behind translated copy

- Copy of certified marriage certificate

- Form G-325A, biographic information, for beneficiary

- Four passport-style color photos of beneficiary to be used for forms I-485 and I-765

- Sealed envelope containing form I-693, Report of Medical Examination and Vaccination Record

- Form I-864, Affidavit of Support

- Copy of 2010 Federal Tax Return for U.S. citizen and petitioner

- Two letters from employer of U.S. citizen and petitioner documenting employment, this year’s salary, and next year’s salary

- Form I-765, Application for Employment Authorization -- no additional filing fee is being submitted since it is being filed concurrently with form I-485

I hope this helps!

Thank you very much for sharing! This is very helpful. And congratulations!!!

Your fees are wrong. This is what you should pay:

I130 $420.00

I485 $985.00 (Add $85 biometric fee for a total of $1070)

GRAND TOTAL $1490.00

Can I have those extra greens that you are so readily throwing away?

Oh and please do make sure you write separate checks. One check for each form. The fee for I485 and YOUR biometrics can be in one check.

Ok, thank you very much. That helps! I will get two separate checks ($420 and $1070). I will save the extra greens for now . THanks again!

1. It should be correct if your evidences are correct, like attaching photos and birth certificates and so on.

2. It is 2 separate checks, one for I-130 and another for I-485. Read the instructions how to write the check as well.

3. I used the paper clips.

ok, thank you very much. Yes, I am planning to attach the required proofs. I have paper clips on and will send them as-is then.

Hi,

I am planning to submit the following forms all together to USCIS in the following sequence-

1. G-1145

2. Cover Letter explaining the contents

3. I 130 (along with required proofs)

4. Two G-325A (One for my wife who's submitting the I 130 for me and one for myself)

5. I 485 (along with required proofs)

6. I 864 (along with required proofs)

7. I 693 (sealed envelope)

8. I 765 (along with required proofs/photos)

Please advice me on the following -

Q1. Is there's anything else i require to attach and if the above sequence is correct?

Q2. The total fees is coming to following -

$420 (I130) + $85 (G325A for wife) + $85 (G 325A for myself) + $985 (I 485) = TOTAL $ 1,575.00.

Should I prepare separate certified checks/money orders for all these or just make one certified check/money order of the total amount payable to 'U.S. Department of Homeland Security'?

Q3. Should i put documents in a file cover or just use paper clips to separate out each of the above mentioned 8 items and put them in an envelope and send over by USPS?

Please advice. Thanks for looking at these questions.

It sounds like your birth certificate is fine, and you should also include the passport as proof of your name. Translated documents don't have to be attested by a lawyer. They only have to be certified by someone who is fluent in both languages, preferably the person that translated it. Even the petitioner or applicant can do it. Here are the USCIS instructions about how to certify translated documents:

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD

ok, thank you all very much for the responses. These are very helpful.

What country are you from? Some countries Birth Certificates don't have names on it, and it is okay. Depends on the country.

I am from India and usually the birth certificates don't have the name as the child name is given later on after a ceremony, atleast when I was born. So what all do i need to send to the USCIS with I 485?

Hi,

While preparing the documents for I 485 I realized that my birth certificate doesn't have my name but just my dob, fathers and mother's names and place of birth. What all options do i have here? I am trying to see if can get the birth certificate reissued. Should I attach my passport copy (which shows my dob, place, mother's and fathers names) along with school pass certificate (Showing my dob with my name) with my application along with my original birth certificate (in non-english language) + a translated copy? Will that suffice. Please advice

Also since my original birth certificate is in not in English, do i get a translated copy attested by a lawyer? I do have one awyer notarized english copy (dated 2007) - can i send a copy of that or do i need to send in original. Please advice.

Thanks a lot!

N/A for address abroad. Remember, this form is used for people in all sorts of situations, so you need to parse out what are applicable for you. Do you live abroad now? No.

If you have any document with another non-latin language on it like a birth certificate (even together with English) then I would answer that. If not, N/A.

Great! Thank you very much again for responses quickly. I will leave these blank or N/A for my case.

Hello,

Need one quick help on the I 130 related to the question on 'Relative's Address Abroad' - I have staying in US only for last 4+ years on valid H1B and my wife is applying for I 130. Should this question be left blank or should I fill in India's address where I was staying earlier prior to coming to US?

Also for the question "Relative's native alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet" - I am from India, all my forms/documents are in english so I think i can leave this blank. Correct?

Please advice.

Thanks!

Welcome to VJ and yes this site is invaluable.

Thank you very much! Yes, this is invaluable. I already got responses to my query within few minutes. Awesome! Thanks again!

Since you are required to include proof of a bonafide relationship with your application, I would include a couple of things like that for sure.

ok, thank you! I will include those and other proofs as much as possible. Also for form I-864 which my wife is filling along with I-130, I am attaching my Federal Tax copies for last three year. Should we just leave the question 25 unchecked (as wife is not attaching any return copies as she's unemployed and student) or should i hand write on the form mentioning i have attached my return copies?

Yes, I would include a note of your future plans to live together. You will also have a chance to explain at your mandatory joint interview. (she will have to travel for that).

ok. Thank you very much for the quick response. Should i attach some proofs like Flight Itineraries for travel to each other's place and photographs together etc to show we been meeting quite often even if our addresses are different?

Hi all,

Not sure if this is the right forum but I need help related to filling up of the form I-130. I have been in US on valid H1B for last 4+ years and got married in Mar'12 to a US citizen whom i know since last one year now. She's a student and in Mississippi while I am working and living near Chicago. Her graduation is due in Jul'12 and then she plans to move to Chicago with me. Till now, we been spending time over weekends and whenever she has vacation (like in May'12 she had 2 weeks with me) by visiting each other's place. In I 130, for the section B,2 for the 'Address', I am giving her Mississipi's address and my Chicago's address. Will this cause any issue for our application by having different addresses? Should I attach additional note with my application stating the reason for different address for now and then her moving in permanently with me after Jul'12? Please advice what needs to be done here. Appreciate any assistance.

Thanks!!

Hello everyone...

This looks to be a great site to get more information on the immigration processings. I am on H1B in US for last 4 years and got married to a US citizen in March of this year. And now looking into applying for status change through my wife. Hopefully i will get answers to my questions here on this site.

Thanks to VJ for creating this helpful site.

Thanks