Fridaythe22nd

OP, a shot in the dark here - at no point did your wife leave the US after filing the I-485, did she? It doesn't seem like there has been time, but I am very confused by them putting that on your I-130.

No, she hasn't left the country yet. Thanks for checking!

On the I-130 it asks for her address abroad ( c-19 ) , address where she intends to live ( c-18 ), and address ( c-2 ). Obviously I put the foreign address in c-19. I put our current California address in both c-18 and c-2.

Thanks for any other ideas.

I DID include the 1-130 NOA in with the I-485 application. Thanks for your help... I'll follow up after I call customer service.

She arrived on a tourist visa ( note that I've added a full timeline to my signature ). Do those details help? Thank you.

Yes I did send in the marriage certificate as well as translations ( certified ). I will look into the InfoPass. Thanks!

who is petitioning for you and why do you qualify to adjust status in the US? you don't say.

Sorry, I'm a US citizen petitioning on behalf of my wife.

I filed my I-130 about 30 days before filing my I-485 which I now know it is not recommended By some on this message board... however on the I-485 it does accommodate for this situation. So today I received my I-130 approval notice And it has some confusing language on it.

It says

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating files. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, he or she should contact the local USCIS office for more information.

About one week ago I received my ASC Appointment Notice referring to my I-485 and I765 Case Type.

About three weeks ago I received my I-797C, notice of action for my I-485. My check was also cashed.

I have a feeling things are in motion and are okay but I just wanted to doublecheck on that confusing language. Thanks for any clarifications or tips!

No, didn't, I just opened up the 765 instructions I downloaded from the uscis site. But I did find the fee waiver info on the My link page. You would think they'd include it on the 765 instructions too.

Thanks everyone for the help! Much appreciated.

Thanks for clarifying that!

When your adjusting status from a tourist visa does this get a name like K1, K2, etc?

Thanks for clarifying!

I just read over the I-765 instructions again and still don't see where it says the fee is not required. It does say if your "renewing the ead" under the c9 category the fee is not required.

I admit the language in the instructions can be confusing... can you point out exactly where it says the filing fee for the 765 is not required when filing concurrently with the I-485?

Thanks

I haven't seen any requests for cover letters in any of the uscis forms..... so I'm wondering why it is recommended here to include them.

Thanks!

Wow, that saves some cash.... I'm surprised they don't inform us of that on the I-765! I wonder if they would have returned the money if I did send it in!

Thanks for the quick reply.

On this page it says

The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication).

I'm wondering if this is also the case for our family based adjustment of status?

Thanks for any tips!

I've secured part time employment in the U.S. ( as a real employee not as a independent contractor ) and am also continuing my own business. My U.S. income showed just a couple thousand short of the required income ( just under $24,000 for fam of three ) ... my new additional employment will add $10,000 additional... this puts me past the minimum by around $8,000 ( should my self employment income persist ). Any thoughts on this setup? Thanks for any feedback!

Thanks. It does say on the I-864 :

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's

income can help you meet the income requirement. If the

intending immigrant is your spouse, his or her income can be

included if it will continue from the same source after he or

she obtains lawful permanent resident status. If the intending

immigrant is another relative, there are two requirements.

First, the income must be continuing from the same source

after he or she obtains lawful permanent resident status, and

second, the intending immigrant must currently live with you

in your residence. Evidence must be provided to support both

requirements.

However, an intending immigrant whose income is being used

to meet the income requirement does not need to complete

Form I-864A, Contract Between Sponsor and Household

Member, unless the intending immigrant has a spouse and/or

children immigrating with him or her. In this instance, the

contract relates to support for the spouse and/or children.

Logic would tell me most immigrants don't already have an income coming in from within the United States... hence the income they must be referring to would be foreign. I will continue to search around for answers and post back here with my findings. Thank you for your input.

My wife receives income each month for the homes she rents out ( homes are in thailand and rent is paid to her thai account monthly ) , what would be the best way to document this income as evidence to use on her I-864?

Thanks for any suggestions?

Hi, here is my scenario

Me: US citizen, in states now.

Wife: Thai citizen, in states now on tourist visa, applying for Adjustment of Status.

Our Son: US citizen, in states now.

For the past two years I've had plenty of foreign earned income ( documented on my tax returns ) but my US income is just short of the required income. However this year I am on pace to surpass the required income with ease and can show this with copies of past deposited employment checks.

Will a letter of employment and these copies of recently deposited payment checks be enough to qualify?

Thanks very much for your assistance

Thanks very much for the advice!

Hi, here is my scenario

Me: US citizen, in states now.

Wife: Thai citizen, in states now on tourist visa, applying for Adjustment of Status.

Our Son: US citizen, in states now.

My income alone in just a bit short of the required amount for sponsoring my wife and dependent son however I do have a 50% share in a business. It is an S Corp.... I'm wondering where I can find a list of required documents to show the value of this asset as well as how the value of this asset can be combined with my income to qualify as a sole sponsor. Thanks for any advice!

I'm also in a similar situation... reporting my foreign earned income as evidence of income for the i-864. I'm planning to report it as required... fortunately I also had income inside the states... so I still had a positive number on the adjusted gross income line.... albeit just over the poverty line.

I don't have any pay stubs for my foreign earned income so I guess I'm going to need to include a "letter from the foreign employer."

Did you have any issues with this? Thanks!

You are supposed to file them together. The I-130 does not give your wife any kind of legal status in the US, it merely establishes a relationship which forms the basis for eligibility for a greencard. File the I-485 as soon as you can, the longer you wait the longer your process will be. Be sure to sent it in with the NOA1 for the I-130, so that USCIS can match them up once they receive the I-485.

Once USCIS receives the I-485, your wife's tourist visa will become invalid and she enters a new period of authorized stay which will last until you have a decision on the AOS application. The expiry date of her current I-94 therefore becomes irrelevant.

Thanks for your help! That takes a bit of stress off!

Did you marry in US?

If so, why didn't you file the I-485 at the same time as the I-130?

If USCIS accepts your I-485 petition, her status changes and she can stay until the I-485 is completed (either green card issued or petition denied) without accruing unlawful presence.

Thanks for the advice... We married overseas 6 years ago. I didn't submit the I-485 along with the I-130 because we didn't have the medical exam finished yet... it is required as initial evidence.

Thanks again.

I'm also in this situation... I've filed my extension but I'm trying to finish up the 2011 taxes so I can send it in. Right now my taxes are holding me up ....perhaps I should just send in the i-864 with the 2009, and 2010 returns and then work on the 2011 in the mean time. hmm

Hi, I filed the i-130 for my wife a few weeks ago... my notice date is June 04, 2012. We should have our i-485 and i-864 off in the mail next week. Her 6 month tourist visa is up late Oct 2012... we'll either be dealing with San Francisco or Sacramento CIS offices.... I'm wondering how we're looking time wise and what advice anyone might give us to expedite things. Thanks for any feedback.

Also if we don't end up getting the greencard before her visa is up in Oct what happens?

Thanks again for any feedback!