Mint518

What is so confusing is that...on his W-2 for 2008 on box 1 and 12 where it indicates his wages, and non-taxable incomes, I only added up to about $20,000 BUT when I added all his pay stubs and the proof from his employer, he makes over $40,000.

I am just not sure what to use.

Just a thought.

Can you reconcile the difference between $20,000 and $40,000? If you can explain the differences, I think you can use $40,000 as current annual income, but should explain how you come up with $40,000 and result of the reconciliation with W-2 in a separte sheet and attach it to I-864 along with all his pay stubs and the proof from his employer used to calculate $40,000.

Then, I would write down $40,000 to item 23 ("My current individual annual income") and put a hand written comment "please refer to the separate sheet attached to I-864 (as exhibit ___)."

For item 25 ("federal tax income return"), I would input $20,000 and write a hand written comment, "his total income for year 2008 was $40,000. Please refer to the separate sheet attached to I-864 (as exhibit ___)" next to it.

FYI- following is an excerpt from the instruction of I-864, and I would recommend to follow this guide in preparing the written explanation:

If the explanation will go on to multiple pages, I would date and sign each page.

His income might exceeds the poverty line, but if he has any assets, it might be safer to list them in in I-864 as well, just in case.

* If I am unemployed and my father is sponsoring the Affidavit of Support, he must fill it out completely and accurately w/ supporting evidence, correct? Must I and what do I supply

with my I-864 ? Regarding the Part I question on the I-864, would he and I check the "I am the _ of _ joint sponsors" boxes or what?

Both you and your father must complete I-864, separately. You will be the primary sponsor and should check "I am the petitioner. I filed or am filing for the immigration of my relative" for item 1. Your father will check "I am the only joint sponsor" for item 1 if nobody else will sponsor your spouse.

If you were not required to file tax return for any of the last 3 years, you need to attach a written statement, explaining why (e.g. unemployed and had no income, income too low. etc.). I would recommend to read the instruction to I-864, but in preparing the written statement, you are expected to

--Write your name, U.S. Social Security number and the words "Form I-864" on the top right corner of the sheet; and

--Write the number and subject of each question for which you are providing additional information.

Regarding your father, in addition to copy of tax transcript or tax return w/ supporting document, he needs to submit the proof of his citizenship (copy of birth certificate, passport, etc.)

* The vaccination supplement form is required/suggested for K-1 Visa individuals who entered the country having already HAD a medical done elsewhere.

Dr Doane in Halifax, NS, Canada no longer is involved with doing USCIS medicals AS OF the end of 2008.

Apparently, all his "records" have been submitted to the Montreal consulate. How is she supposed to have the supplement filled out now?

* As she has taken my last name, does the discrepancy in names on some documents become irrelevant? I-94 and Canadian passport in maiden name, but SSN

and other such documents in her married name.

I will defer the answers to those questions to people adjusting from K-1 and/or changed the name (I am keeping my maiden name).

Ok thanks! I guess it's AOS for us then. We were originally planning on returning to Canada b/c I was gonna go to Grad school there but Phil loves his job so much that we want to stay here. I just don't want it to come to the point that his J-1 visa status runs out and he can't work. Do you know whereabouts in the guide it said not to get married within X amount of days? (:

I think General information and notes about adjustment from H1B, F-1, J-1, and other visa types page is the one you are looking for.

There is no restriction on marriage itself, and you can marry whenever you want. The timing of the adjustment of status is the one that become an issue. The web page cited above recommended to wait at least 60 days from the entry to change status, so if your finance entered to the US on his J-1 on Sept 21, 2008 and assuming he has never been out of the US, it seems not too early to get married and adjust his status.

Also, you do not need to adjust the status right away after the marriage, so you can marry anytime you want, and can wait to file the adjustment of status until later. But, (I maybe wrong) I belive J-1 visa holder are not supposed to have dual intent (unlike H1B or L1 visa, etc.). So, if you get married, then have some foreign travel, come back and enters to the US with J-1 Visa with an intent to adjust the status, it would be considered to be a visa fraud. So, if he plans to have foreign travel, it might be safer to do so after filing adjustment of status and obtains AP.

I've been out of the country 4 times now since I acquired a green card... Until yesterday it was very straightforward, go through the same line (immigration @ airport) as USCs, have an officer run your card and that's about it.

Yesterday I flew into Newark (as usual)... I handed over my customs form, passport, and GC to the personalityless officer. She then took my fingerprints (all of them!) on a new machine. And eventually I was on my way.

What's going on? Is this just a Newark thing, or...?

* Also, I was asked when checking in for my flight for my address while in the US. I know this is standard for VWPs and the newly established system, but why ask it for a GC holder?

It seems that is a new procedure, started from January 18, 2009 (last Sunday).

http://tech.yahoo.com/news/cnet/20081219/t...357831012662538

I mailed my package for AOS and I-130 today via express mail. But I didn't ask for the return receipt or delivery confirmation.

You can track your express mail using the tracking number provided in the sending slip (I already threw away mine somewhere, but I belive the tracking number is on the top left of the sending slip), and can ask signature proof of delivery later (if needed). So, you don't need to purchase delivery conformation when sending via express mail. In fact, if you attempts to purchase delivery confirmation and return receipt, clerk of the post offiice would tell you those are not necessary.

getting married immediately affect her work visa status?

I forgot to respond to your last question.

Marriage with citizen and even filing for adjustment of status do not affect her H1B status, and she can keep H1B as long as she satisfies the condition to keep H1B (i.e, work for the employer for whom the H1B was issued). She can apply for EAD and AP, too, but as long as she keeps H1B status she does not need to use them (once she use EAD, H1B will be cancelled at that point).

I originally posted this in the K1 section but i guess it's the wrong place. so i'm asking it here again.

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

hello all,

i'm glad i found this forum.

I'm a naturalized US citizen and my fiancee is from Hong Kong working in the US with a H1B visa. We've decided to get married in HK instead of getting married here. We're planning to return to the US after we got married and go back to work.

So my question is, which visa do we need to apply? She's already legally living and working in the US with a H1B visa.

I was looking at the forum's visa guide and is this the visa we need to apply for? http://www.visajourney.com/forums/index.ph...page=i130guide2

Also, when we return, are we required to tell the immigration officer that we got married? We were going to offer up this information unless we got asked. getting married immediately affect her work visa status?

Thanks all.

Hello chinisimo,

Your fiance will be applying for adjustment of status (from H1B to permanent residence status, also called green card) after the marriage. The link to the webpage you cited returned me the error message, but if you meant Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US page, yes, you are right.

Since the holder of H1B visa is allowed to have dual-intent, there is no reason to hide the marriage to the immigration officer at the port of entry (Your wife will not be denied the entry just becasue she married with citizen). There is no need to show your marriage certificate, or prove your marriage, but as you might recall, when you enter to the U.S., custom form (the paper declaring how many cigarette, liquir, you bring back, etc.) needs to be filled out per household (rather than per person). So, since you and your wife (current fiance) will form one household after the marriage, you will naturally fill out only one custom form, and in effect, immigration officer will know you two are married.

I had biometrics done today, too. Mine was at Manhattan, NY. Although people kept coming in, as everybody reported, it was done very efficiently (there were 3 biometric machines) and I was called in 5 minites or so for my turn after I filed out the registration paper and received the numbered ticket.

Thank you for the reply! Yes I have my birth certificate but not in English. I guess I can start looking into getting that translated. My fiance has been out of school and working for almost two years now. By the time we get married he will be working for almost three years. Will he still need a co-sponsor a year from now? We'll both be working full time. Does EVERYONE have to file the i-864? I mean his parents will co-sponsor but I just feel funny being "sponsored" financially. I am not planning on being dependent on anyone??!! I feel bad making him and his family go through all this stuff if it's not really necessary. Is this really required?

It seems you do not need to do anything until after the marriage.

In my understanding, translation can be done by anybody (including USC spouse or foreign spouse) as long as it is done by a person competent in both languages, and it is not necessary to be done by professional translator. Some people will do by themselves, or ask friend or relatives, or still ask professional translator just to make sure.

If the level of household income, including your husband-to-be's income (and your income under certain condition) at the time of application exceeds the poverty line, co-sponsor is not necessary. He can rely on his assets, too, to meet this poverty line. USC spouse almost always needs to sign I-864; there are some excpetions but I do nto think it would apply to you (e.g. immigrant who have worked over 10 years in the U.S., or victim of domestic violence, etc.) -- You can find more detailed information in the instruction of I-864.

Hey everyone! Getting more confused about the information/answer I need regarding item 25 on form I-864. Does my petitioner really need to submit last 3 years of returns? Or just the recent one (2007)? If so, is W-2, latest 2 months paystubs, and Form 1040 acceptable? Im really sorry, but as I was trying to search here for answers, some are really different and so confusing. Thanks very much and God Bless you all.

Hi jettyglenn,

Actually, answers to all of your questions are in the instruction to I-864 (relevant portions are cited below).

So, you can submit the last 3 years of returns if you think that would help, but it is not mandetory (filing the most recent tax return is mondatory). And if you decide to file copy of tax return on hand (not tax transcript), you need to attach W2 and 1099 (if you have). Whether it is better to send 3 years of tax return or just 1 year is enough in your case is individual determination (your current income level and/or whether 2005-2007 return exceeds poverty line, etc.) and we cannot answer.

Copy of paystubs are nothing to do with item 25 on form I-864, but rather relates to item 23 in case of USC spouse (or item 24 if case of foreign spouse). This is also optional (but I highly recommend to send paystabs and/or employer's letter to the extent possible), and if you do, it might be better to submt the copy of 6 months rather than 2 months according to the instruction.

If your citizenship is Pakistani, yes you do.

You don't have your greencard yet right?

Yes I am not a U.S citizen yet, neither I have U.S resident card. I just asked around some people. They told me I still don't need visa for Mexico. I emailed and called the mexican embassy but no response. I guess I'll find out at the border

YOU NEED A US RESIDENT (GREEN) CARD or a visa

I agree. Based on your nationality, it seems you are required to obtain visa until you will obtain GC to enter into Mexico. http://mexico.visahq.com/requirements/Paki...-United_States/

I-131 is nothing to do with going out to somewhere, but good for coming back to the US.

Hello bigbluueyes and engineer21,

Many of us (including me) are adjusting the status from previous visa while in the States. I recommend you to review VJ's "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US" page, first. Basically, you will concurrently file I-130 and I-485 (G-325a, I-864 and I-693 are supporting documents for them). I-765 and I-131 are optional.

engineer21 - I think what you can do now is to obtain your birth certificate (certified copy) from your home country, if you do not have one with you. Also, is your fiance still a student or was graduated just recently? If so, it is not too early to start looking for a co-sponsor who can fill out I-864 and ask to gather him/her tax information.

I have another (possibly complex) question that might make all of this irrelevant though. My two stepkids (the other two members of our household of 4) receive Social Security survivor's benefits from their father who died last year (poor kids) and they will continue to receive them until they're 18 (6 and 8 years from now). Should we count this as income? The under the instructions for "If you cannot meet the income requirements" (leaving apart that we do ) it says:

Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A;

If this counts as income then we have absolutely no problem clearing the poverty line. We weren't sure first time around and left them off because we thought we would be OK without declaring them by virtue of the fact that we're above 125% of the line. If it's not considered income from USCIS's point of view, I don't know what we'll do.

Although I agree that, as a general matter, Social Security survivor's benefits would be used as household income, I do not think you can count on them since your stepchildren are minors and cannot sign I-864A (see part 1, Q8c of I-864A, requiring the signor of I-864A to be at least 18 years old in case he/she is a son or daughter of intending immigrant).

Well the misinformation line were as useful as a chocolate teapot. She just said that if I truly believe that my wife's income is sufficient, send in the evidence (again!!) and "include a covering sheet detailing your calculations".

If I understand correctly, your wife's income in 2007 was a litte below poverty line, but was above the poverty line in 2008 due to promotion. In that case, if I am in your shose, I will submit the updated I-864 using 2008 tax return information (Since it is already mid-January, she will receive W-2 in 2 weeks or so, and can file 2008 return.)

But if you rather want to send back I-864 ASAP, resending the last submitted I-864 might be fine as long as you will attach the employer's letter and latest pay stubs showing her income for the previous six months (including the one showing cumulative income for 2008) along with a cover sheet explaining the situation as you were told by a person from information line.

Hello,

I have applied in December for AOS. Before that, I worked for 2 years in a H1B visa and got laid off in end of October.

I checked and it seemed you needed to have a Green Card to be able to apply for Unemployment benefits. At the time, I didn't even have an A#, so I put it aside.

After I got my NOAs for AOS, I obviously got an A# and now I am thinking again about the possibility of applying for benefits.

My question is: can I apply for unemployment benefits now, only with my A# if I don't have a green card yet? Would that be against the law, even if the online benefits tool accepts it?

Another question - let's say I get my green card around May-June - does anyone know if I can START to receive benefits then, for 20 months if needed, based on my 2 years work up to October?

I do not have personal knowledge, but I checked the website you cited. I would suggest you to wait, at least until receiving EAD card (because until then, you are not allowed to take a new job), and you might have a chance of getting unemployment benefits if you will write a letter to New York State Department of Labor, Central Support Unit, once EAD card arrives with an explanation why you could not apply earlier. Check out following two Q&As.

http://www.labor.state.ny.us/ui/claimantin...ouapplyfaq.shtm

I've been in touch with the IRS this appears to be the thing.

As you were married before or by Dec 31 2008 you HAVE to file as Married. You can file as Married filing separately although that MIGHT end up with slightly higher taxation, depending on circumstances. OR you can file as Married filing jointly. Your wife would need to write a letter and attach to the return saying she wishes to be considered as a resident for Tax purposes (v. different to PR status). If you do this you can take a deduction for her as well BUT she will need to report her UK income. However, if she qualifies she can apply for Foreign Income Exclusion and will probably (unless she's v well paid) not have to pay US taxes on most if not all her UK earnings. I'd spend some time running both scenarios to see which works best for you guys. Also call the IRS - they are very helpful.

Do you think you have to file as a resident? I also thought a spouse can never be counted as a deduction. In my case i'm already seeing a huge benefit since we are technically a 1 income couple (assuming foreign income isn't included).

In general rule, it depends on how many days your wife was in the U.S. during 2006-2008 (which we do not have enough informatinon).

If she stayed in the US (i) over 31 days during 2008, AND (ii) 183 days during the period 2008 2007, and 2006, counting all the days of physical presence in 2008, but only 1/3 the number of days of presence in 2007 and only 1/6 the number of days in 2006 (called "substantial presense test") she is considered as resident alien for US tax purposes(There is an exception for “F,” “J,” “M,” or “Q” visa holder who timely filed form 8843.), and must report her world wide income.

If she does not meet the above test (i.e, her stay in 2008 was less tha 31 days OR less than 183 days during 2006-2008), she has two options. (A) she is treated as a non-resident alien (this is a default rule), and should report only her US source income (since she has no US income, no need to file US tax return), but in this case, you cannot claim her exemption and I think you should file married separately). Alternatively, (B) she can chose to be treated as resident and can file joint return with you for your and her world wide income.

If interested, you can find more detailed information in the instruction for 1040NR (http://www.irs.gov/pub/irs-pdf/i1040nr.pdf) and Pub. 519 (http://www.irs.gov/pub/irs-pdf/p519.pdf -- this is for 2007 return, and 2008 version should become available in due course, I think).

Having said that, in 2006, when we came back to the US, I had income in Japan and US and my USC husband did not have any income (so it is different with your case). And since I was non-resident under substantial presense test, for the ease of preparation of tax return, I filed 1040NR as married non-resident alien under which I could not claim exemption for my husband (meaning I did not file married jointly) for my US source income.

I forgot to mention, even if she is a resident for tax purpose or chose to be taxed as resident, as USBrit and HighwayStar noted, she might be able to exclude her income (up to $87,600 in case of 2008) as foreign earned income under certain conditions (see http://www.irs.gov/businesses/article/0,,id=182017,00.html). Also, the income tax she paid to UK tax authorities which is attributable to the portions she could not exclude as foreign earned income can be used as foreign tax credit and will reduce her US tax obligation (http://www.irs.gov/taxtopics/tc856.html). So, at the end there might be no or just a little aditional US tax for her UK income, and considering the tax benefits, you might be better off filing as married jointly.

I've been in touch with the IRS this appears to be the thing.

As you were married before or by Dec 31 2008 you HAVE to file as Married. You can file as Married filing separately although that MIGHT end up with slightly higher taxation, depending on circumstances. OR you can file as Married filing jointly. Your wife would need to write a letter and attach to the return saying she wishes to be considered as a resident for Tax purposes (v. different to PR status). If you do this you can take a deduction for her as well BUT she will need to report her UK income. However, if she qualifies she can apply for Foreign Income Exclusion and will probably (unless she's v well paid) not have to pay US taxes on most if not all her UK earnings. I'd spend some time running both scenarios to see which works best for you guys. Also call the IRS - they are very helpful.

Do you think you have to file as a resident? I also thought a spouse can never be counted as a deduction. In my case i'm already seeing a huge benefit since we are technically a 1 income couple (assuming foreign income isn't included).

In general rule, it depends on how many days your wife was in the U.S. during 2006-2008 (which we do not have enough informatinon).

If she stayed in the US (i) over 31 days during 2008, AND (ii) 183 days during the period 2008 2007, and 2006, counting all the days of physical presence in 2008, but only 1/3 the number of days of presence in 2007 and only 1/6 the number of days in 2006 (called "substantial presense test") she is considered as resident alien for US tax purposes(There is an exception for “F,” “J,” “M,” or “Q” visa holder who timely filed form 8843.), and must report her world wide income.

If she does not meet the above test (i.e, her stay in 2008 was less tha 31 days OR less than 183 days during 2006-2008), she has two options. (A) she is treated as a non-resident alien (this is a default rule), and should report only her US source income (since she has no US income, no need to file US tax return), but in this case, you cannot claim her exemption and I think you should file married separately). Alternatively, (B) she can chose to be treated as resident and can file joint return with you for your and her world wide income.

If interested, you can find more detailed information in the instruction for 1040NR (http://www.irs.gov/pub/irs-pdf/i1040nr.pdf) and Pub. 519 (http://www.irs.gov/pub/irs-pdf/p519.pdf -- this is for 2007 return, and 2008 version should become available in due course, I think).

Having said that, in 2006, when we came back to the US, I had income in Japan and US and my USC husband did not have any income (so it is different with your case). And since I was non-resident under substantial presense test, for the ease of preparation of tax return, I filed 1040NR as married non-resident alien under which I could not claim exemption for my husband (meaning I did not file married jointly) for my US source income.

my husband submits the following forms:

2007:w2, 1099(dividends and distributions),and copy of 1040-the income much over poverty limit

2006:two w-2 s(one is from a company where he worked just a month,so very low income,the other one much over the limit)and he also has a 1099 (dividents and distributions),from the company with high inome not the "monthly one"

2005:he had 5 jobs:one starting from 1998 and ending in 2006(he has a w-2 for this one and income over limit) and in the same time a job just in February,2005 at a company and 2 other jobs just In October,2005 -so the "monthly" jobs have very small income...but he has one w-2 from one "monthly job"an two 1099(miscellaneous income) for the other two "monthly"jobs.

so when I said he doesn't have 1099 for 2005 and 2005...he actually never had.For some jobs he had or only 1099,or w2,or both.He said it's not the case of losing them or being incomplete.

what do you think?should we send all these?we mentioned all these jobs in his g-325 A...and at the current company(where he was hired in Jan 2006)he earns more over the poverty limit...and then for 2005 he had that job (that started in 1998)that is a lil over the poverty limit...so i hope they don't care a bout the other jobs that were actally parralle jobs..with very low income..

What do you think?

if you're still online please let me know your opinion...we mail everything tomorrow,caz we are running out of time!

thanks

As I mentioned in my earlier posting, submission of tax returns for 2005 and 2006 is optional (The instruction says "You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the 3 most recent years."

I personally think if his income in 2007 (and probably 2008 as well) exceeds the poverty line and he currently maintans the job, that's what all matters and you might not need to submit copy of tax return for 2005 and 2006. But, I am not a professional for immigration, and it is you and your housband's call whether you think "additional returns may help you to establish your ability to maintain sufficient income."

I read in the Forum that some people received REF because they did not include W2 and/or 1099 in submitting copy of tax return (not tax transcript, as tax transcript does not require W2 and 1099), but if he has never received form 1099 (rather than lost form 1099), maybe he can explain that in a separate paper in advance and attach to the tax return to avoid receiving REF later.

Good...then I have one more lil concern...why does it say either in I-864 or in I-864 EZ also the followimg thing:..at the instructions. pages at the subtitle:..."why may use form I-861EZ?"///at 1.it's said "you are the person who filed or is filling the form I-130,for a relative being sponsored?"...we don't submit I-130...so one of the conditions is not applicable in our case?? Sorry, I do not have answer to this question. I will defer to someone who can answer this. confusing instructions for me...

and if we submit I-864 EZ instead of I-864 should we submit form 1040 EZ instead of 1040? No, form 1040 and 1040EZ is just analogy, sorry for making you confuse. I-864 is the form for everybody (so is form 1040), while I-864EZ can be used only if you satisfy certain conditions (so is form 1040EZ and the conditions for 1040EZ are nothing to do with I-864EZ)

and then..we have w-2 for the last 3 years,but not 1099 just for 2007..it ot oke? If you did not receive form 1099 in 2005 and 2006 that's fine, but if you received form 1099 (thus used information contained in 1099 in the 2005 and 2006 returns) but lost them, copy of your 2005 and 2006 is incomplete, and in that case it might better obtain and submit tax transcript rather than copy of tax return in hand. Alternatively, you can submit only 2007 return (w/ W2 and 1099), as submission of the copy of 2007 is mandetory while 2005 and 2006 are optional.thanks again and again!

if you have an answer please post it asap...

Howdy Y'all,

I'm due to marry my fiance in Texas later this year. I was issued with an L1 visa a little over a year ago as I was taking part in an inter-company transfer to Houston where I was based for 12 months. I'm not based in the US but I am still employed by the company who sent me to Houston and my L1 still has almost 2 years left before it expires.

My question is this, in order to marry my fiance and apply for the AOS will I require a K-1 visa or will I be able to do this using my existing L-1 visa?

Thanks for any help answering this!!!

Since you mentioned "I'm not based in the US", I assume you are already back to your home country and in that case, I may be wrong, but I think it depends on whether you will be still employed with the company who sent you to Huston AT THE TIME you will enter to the U.S. to get married.

If you will again work for the U.S. office of your company (say Texas branch, if they have) you will enter the U.S. with dual intent ((i) to work under L1 visa and (ii) to stay permanently)), which is OK. But if you quit the company then come to the U.S., you will enter the U.S. for the sole purpose of staying here permanently. So, in case of latter, I think you better obtain K-visa to avoid commiting visa fraud.

And when they transfer you to your local office or CSC, they are the ones who deal with the whole application or AOS/interviews only?

As I understand, the local office or CSC ONLY deals with the AOS/interview. The EAD and AP stay at Chicago and are adjudicated there.

Actually, Chicago seems to be the mail processing center for MSC (National Benefits Center). So, I guess all EAD and AP for AOS filers will be adjudicated in National Benefits Center in Missouri where processing timeframe for I-131 and I-765 is 3 months.

https://egov.uscis.gov/cris/processTimesDis...lBenefitsCenter

I think you are all set for I-864EZ. Good luck.

Oke..thanks a lot!

We just changed our mind and filled out I-864 EZ.It's much easier.I hope we didn't make any mistake in filling it out.We checked everything "yes"at part 1.Then I see they don't ask for my husband phone number..Is there any q that I don't see? I agree, there is no space for USC spouse's tel number.

then at part 4 there is 2 by default at 16.a..then I put only 0 at b,c,d,e and "2 "again at "f".

I just wanna be sure..Do I need to fill out both boxes at 16:b,c,d,e,f?I mean to put "0"in both boxes or just the "right one"? JV's sample form for I-864 put "0" for similar questions, so I guess you can put "0" for 16:b,c,d and e

At the individual current income we put the amount from his last paycheck-end of dec. I think that's fine unless he get raise in 2009 and can prove in employer's letter, etc. (in that case, he can use the new salary information, otherwise it sounds right to use the same salary level with previous year, i.e., 2008). We don't have a w-2 or tax return for 2008,so the most recent forms(W-2,form1099 and tax returns)one will be from 2007. That should be fine. and that's it...everything seems clear.What do you think?Thanks again..waitng for a quick answer.I'll mail everything tomorrow.

Gee, let me correct some typos in my earlier response

Just a thought,

• This might be a matter of preference, but I would prepare separate cover letters for I-131 and I-765 (with explanation it is filed with I-485), as in my understanding I-131 and I-765 will be adjudicated in National Benefits Center (MSC) while I-130 and I-485 will be transfered to CSC or local office; and add overall cover letter explaining you are filing four documents (I-130, I-485, I-131 and I-765).
• you need to send 2 checks (one for I-130 and one for I-485), so should add "Check" in the cover letter for I-485 package
• There was one typo (shown in red above; mother -> father)
• As part of supporting documents of I-864, you may need to include a written explanation by USC spouse explaining why he did not file tax return for any of the last 3 years (or copy of his tax returns if he actually filed).

Hello,

Tying up loose ends, for about a week now

So here are my cover letters for the I-130 and the I-485 (filed together) I decided to make 2 separate cover letters since i wouldn't want either form to end up separated without a cover letter.

So here goes

<ALIEN NAME AND ADDRESS>

<TODAY'S DATE>

NATURE OF THE SUBMISSION: I-130 ORIGINAL SUBMISSION

TO WHOM IT MAY CONCERN:

Dear USCIS,

Enclosed please find form I-130, Petition for Alien Relative, and the supporting documents. The petition is filed by USC, a USC on behalf of ALIEN, a citizen of Belgium.

Concurrently with this I-130, ALIEN and USC have filed form I-485 and all the supporting documents.

Contents of I-130 package:

 Check

 I-130 petition filed by USC, petitioner on behalf of ALIEN, beneficiary.

 Copy of Birth Certificate of USC.

 Copy and certified translation of Birth Certificate of ALIEN.

 Copy of Marriage Certificate

 Form G-325a completed by USC

 Passport type picture of USC

 Form G-325a Completed by ALIEN.

 Passport type Picture of ALIEN

 Proof of Bona Fide Marriage

o Affidavit of Bona Fide Marriage by mother of USC.

o Affidavit of Bona Fide Marriage by mother of USC.

o Selection of Pictures that document relationship and marriage

o Photocopies of wedding cards and gift receipts

Thank you for your time and patience,

Kind regards,

Signature ALIEN Signature USC

<ALIEN NAME><USC NAME>

Date and Address

________________________________________________________________________

<ALIEN NAME AND ADDRESS>

<TODAY'S DATE>

NATURE OF THE SUBMISSION: I-485 ORIGINAL SUBMISSION

TO WHOM IT MAY CONCERN:

Dear USCIS,

Enclosed please find form I-485 and the supporting documents. The form is filed by Belgian citizen ALIEN, whose eligibility is based on his immediate relative (spouse), USC, a USC.

Their marriage took place on 12/17/2008 and an I-130, petition for alien relative, is filed concurrently with this I-485.

Contents of I-485 package:

 Form I-485 Application To Register Permanent Residence or Adjust Status

 Copy of Birth Certificate and Certified Translation Alien

 Copy of Passport Alien

 Copy of I-94 front and back

 Copy of Marriage Certificate

 Two passport type photos of Alien

 Form G-325A by Alien

 Form I-864, Affidavit of Support and Supporting documents

o Form I-864a, Contract between Sponsor and Household Member completed by USC mother

o Form I-864a, Contract between Sponsor and Household Member completed by USC fathermother

o Proof of common household of USC and USC mother and father

o US Tax Return forms of the three most recent tax years of mother and father of USC

o Paystubs for the last 6 months by USC mother

o Paystubs for the last 6 months by USC father

o US Tax Return forms of the three most recent tax years of mother and father of USC

 Form I-693 Medical Examination

 Form I-131, Application for Travel Document

o Copy of Passport ALIEN

o Copy and Translation of Birth Certificate ALIEN

o Two passport type photos of Alien

 Form I-765, Application for Employment Authorization

o Copy of Passport ALIEN

o Copy I-94 front and back

o Two passport type photos of Alien

Thank you for your time and patience,

Kind regards,

<Signature Alien> <Signature USC>

<ALIEN NAME><USC NAME>

Date and Address

_____________________________________________________________

Does this look up to standard? I read about a USCIS standard form for these cover letters but i couldn't find it on their website.

thx,

W

Just a thought,

• This might be a matter of preference, but I would prepare separate cover letters for I-131 and I-765 (with explanation it is filed with I-485), as in my understanding I-130 and I-795 will be adjudicated in National Benefits Center (MSC) while I-130 and I-485 will be transfered to CSC or local office; and add overall cover letter explaining you are filing four documents (I-130, I-485, I-131 and I-765).
• you need to send 2 checks (one for I-130 and one for I-485), so should add "Check" in the cover letter for I-485 package
• There was one typo (shown in red above; mother -> father)
• As part of supporting documents of I-864, you may need to include a written explanation by your husband explaining why he did not file tax return for any of the last 3 years (or copy of his tax returns if he actually filed).

Join the club. Quite a few of us are having EAD delay problems at the moment. Things you can do in addition to an Infopass appt:

- Contact the offices of Members of Congress. Find out if they have a specialist immigration liaison on-staff and if they do, talk to them and see if they'll look into your case.

- Contact the CIS Ombudsman by email (address here). Attach a filled in form DHS-7001, copies of your I485 and I765 along with their respective NOA1s. Mention in your email all the other things that you've done to try and get a response from USCIS (phoned customer service, made a service request, went to (or couldn't get) an Infopass appt, Congressman, etc). Tell them in the email that you'll follow up by USPS with a signed paper version of the DHS-7001 and paper copies of any of the petitions or NOAs that you didn't attach to the email. You should get an acknowledgement within a few days (I got mine next working day).

can you give me information to join the club coz me either i did not received my EAD its almost 3 months now but i received my biometrics letter dec 23 2008 but its say for only my I-485 not my EAD...thats for both fingerprint?or i have to wait another biometrics letter for my I-765?i need your advice..

I only received one bio appointment letter but it mentions both I-485 and I-765 (it has bar code for each). So, I guess you will receive separate bio appointment letter for I-765 if the one you received only mentions I-485.

Two things.

1) If NO Joint sponsor, assets NOT being used due to low income, and sponsoring only ONE immigrant, you can use I-864EZ

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

2) Look at the example I-864 in the example forms. http://www.visajourney.com/examples/INS-Form-I-864.pdf

Check first box, and check "Yes"

ALL right..I already used I-864.I didn't know about the other shorter version,but I checked like in the example for..both boxes(the first one and then "yes")I was confused when I've seen the comment..."applicable only for joint sponsor)and I am still confused..they should check no?

Thank you for all the answers!

The "Yes" "NO" have to do with a joint sponsor, I had to look at the example form and in the case of a solo sponsor neither box is checked, just leave YES and NO un-checked.

very wierd...caz the example seems to me made for the same case as mine:just a sponsor..and they checked "yes"

So anybody has an exact answer for my q or i Better fill out I-864 EZ?..Not sure about this one.When I called USCIS they didn;t mention it.Are u sure is it oke?

Thanks

As YuAndDan saids, your husband seems to be qualified to use I-864 EZ if he does not use his assets or joint sponsor or househould member's income to satisfy poverty line (I think he can still use I-864 instead, if he wish; probably it is analogous to tax forms where it is ok to use Form 1040 even if eligible to use Form 1040EZ which is much simpler and easier than Form 1040).

Regarding your question on Part 3 Q8, my guess is "No (applicable only in cases with two joint sponsors)" in Part 3 Q8 will be checked in a situation where USC file I-485 for more than 2 immigrants, i.e., foreign spouse (principal immigrant) and his/her child (family menber of principal immigrant), AND he/she needs two joint sponsors A and B, as neitehr A nor B's income alone exceeds poverty line for 3 household or they just do not want to be responsible for 2 immigrants. So, while first joint sponsor A will sponsor UCS and his/her spouse (thus check "yes" in Part 3 Q8), second joint sponsor B will sponsor family member of principal immigrant only. [such arrangement is allowed according to the instruction for I-864, which says "If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members."]

And under such situation, joint sponsor B can check "No" to Part 3 Q8 as well as Q9 and should complete box under Q9.

That makes sens.

Anyway I still think that if my husband check"yes"is not a problem,because in my opinion "yes"can be use for both situations:my situation and for sponosr A in your example."No"is ONLY for sponsos B from your example..in other words "No"is aplicable only when a joint sponsor is used.Right?

Please let me know if you think I misunderstood.

Yes, I think that's correct and your husband can check "yes".