rahulv

Look at the instructions for I485 form, it would say you need to submit a medical report. Since you are doing it from H1B to AOS you would need to file I693 with I485. I sent the following with my I130 and I485 package (I did not apply for AP because I was not going to leave the country at all)

Contents of packetinclude:

1. Application Fee of US $355.00 for I-130

2. Application Fee of US $1,010.00 for I-485

3. FormI-130, Petition for Alien Relative and supporting documents as listedbelow:

Copyof US citizenship certificate.

Copyof un-expired US passport (all pages).

Copyof Marriage Certificate.

Copy of Lease Agreements for our current Addressand previous Address.

Copyof Bank verification letter as proof of co-mingling of financial resources.

1Photo of Petiotioner and Beneficiary

1 set of G-325Aforms for Petitioner, 1 set of G-325Aforms for Beneficiary

4. FormI-485, Application to Register Permanent Residence or Adjust Status andsupporting documents as listed below:

Birth Certificate (In my case it was a long story with RFE)

Copyof Passport (all pages)

2photos

FormI-693, Report of Medical examinationand vaccination record.

I-864,Affidavit of Support and supporting documents

5. FormI-765, Application for Employment Authorization and supporting documents aslisted below:

Copyof I-797A notice of approval for H1Bwith I-94.

Copyof original I-94 (front and back)issued at POE.

2Photos

I am sorry that things are not working out between you and your husband after around 6 years together. But the bottom line is you need your ROC and you of course did enter the marriage in good faith, that's all you have to prove.

What more evidence does the RFE requires?

Also it would help if you could attach the list of what you already sent?

As Just Bob said as long as you filed tax returns stating married to each other it does not matter if you filed jointly or separately. From USCIS perspective you have to prove married with each other and that's written clearly on the tax returns.

Good luck

Filing from H1B to GC through marriage. You need to file 130+485 (together) + 864 for 485 + 693 for medical and you can also choose to file EAD and AP as well in the same packet.

I was on the same route 2 years back and VJ guides http://www.visajourney.com/content/i130guide2 plus forums helped me. I would advise you to do the same.

what is/was 30/60/90 thing that you are talking about?

Anyways on an F-1 visa your wife can work 20 hours a week (half of what normally people work). Just in case you didn't know about this. Ask her to go to her International Student Center in the university and get a work authorization approval and she can even get her SSN on F-1.

Also go ahead and file for I-130 and AOS combined with all the bona-fide marriage evidence that you have. Within 90 days at least your wife will have an EAD to work as many hours as she wants.

Attorney is only going to help you file the papers which VJ can help you equally (if not better) good for FREE. In case of complications you can always go ahead and hire one at that moment if it comes to that.

Good luck to you.

Thanks for sharing your experience. Good luck to you and I am sure that you will be fine.

If this makes you feel better, during my AOS interview the interviewer did tell me that she needs to understand my case and told us that they would send us the decision in about a month.

As it turns out she approved me that very day and couple of weeks later when I got the letter it said approval date to be the date of the interview.

Good luck.

Bottom line is that there is a wait process in all the cases and she will not be here with you until the process completes.

Best option as suggested by most of VJers is to

i. Marry her whenever you can, today tomorrow next year ....

ii. File for I-130 as soon as you get married.

iii. If she gets approved before you are a USC cool , if not then upgrade the petition and she would get a Visa number ....

I am not in support of applying for F-1 or tourist visa to bring her in US sooner while you become USC, as those are non-immigrant visas and clearly you and your girl-friend / wife have immigration intent.

List is good, don't send the pay-stubs of either of you not required at all. Send the TAX transcripts for the most current 2 years of the petitioner for I-864 purposes. Also send the joint bank statements if you guys have any.

Also if petitioner's income is sufficient for the poverty guidelines in I-864 there is no need to go for the overkill of showing the Non-US citizen income and the continuity of that income. However if that is not the case and if you do need to send it in that case send the Non-US citizen's tax transcripts for the most recent years as well.

Good luck.

Thank you all Gr8 no need to go about affidavits make my job easier....

RFE requests

Identity documents

Evidence of Good faith marriage

-Birth Certificate

-Financial records

-Residence

Did you send the copy of the GC. May be send copy of DL etc.

Also send the Birth Certificate.

I am not sure what more you can do about the financial records but how about sending most of the evidence again like your joint checking, tax transcripts etc.

Hope this helps.

Hi All:

It is time to start arranging/collecting and separating stuff for ROC. Here is what I have thought (in my case) of sending. Please advice.

1. 2 year conditional permanent resident card (front and back).

2. Copies of both passports. (passport expired in last two years)

3. Copy of Tax transcripts for 2009 filed jointly.

4. Copy of Tax return for 2010 filed jointly. (Can get 2010 transcript but need to go to IRS office)

5. Copy of Life Insurance certificate showing beneficiary.

6. Copy of Joint Car Insurance information and cards.

7. Copy of House Title with joint ownership

8. Copy of joint lease agreement till April 2011

9. Copy of 401K beneficiary information.

10. sworn affidavits of U.S. Citizen family/friends, attesting to our relationship and marriage.

11. Our photos together with brief description from various occasions from 2009 till date.

12. Copy of Joint Car ownership.

13. Copy of Beneficiary information from various sources.

14. Copy of Citi Card showing joint account

15. Copy of Health Insurance, Dental insurance cards showing joint policy.

16. Copy of Express scripts for prescription showing joint policy.

17. Copy of Costco card with joint account.

18. First page copy of joint bank statements.

Questions.

i. Does the above evidence looks good?

ii. We bought a house as mentioned in the evidence, we have a mortgage loan of about 600K (in both of our names). My guess is we should include the loan docs copy and probably a couple of mortgage bills as well? What do you guys think only title copy or mortgage as well. Would help if people who bought homes during the 2 year GC can comment as well.

iii. How many sworn affidavits are fine. Do we have to include them, and if yes how many? I have seen most people having 3 but can I get away with 2 or 3 is a must or a general norm.

iv. I have seen people attaching birth certificate of the USC? I believe Passport copy of USC (sent during AOS) should be enough?

v. Just confirming that I do not have to send any copies of the docs that I have already submitted earlier (AOS).

Thanks in Advance. Please advice.

rahulv

We filed AR-11 when we moved recently and I still got a notice from HomeLand Security on my previous address reminding me that I have to remove conditions within 90 day window which is approaching soon.

We haven't yet got any I-865 receipt/notice although we filed them. So I am not sure that there is an update or not.

If both of you are not able to cope up with the marriage and are not happy together, both of you can sit down together, and talk about what you guys could do either to save your marriage or to dissolve it.

In case of a divorce, since you are still under conditional GC, you would have to prove that you and your wife entered the marriage in good faith and the marriage was not a way for you to get a GC. The chances of you proving that depends on how much evidence you have and how you can convince the Immigration.

Also just as a note, when you made a post on this forum about your situation it appeared as if you did marry your wife for immigration benefits, and you must not commit immigration fraud.

Can the mailbox be made out of cardboard as well???

Mailbox can be cardboard or metal it doesn't matter but it should have a valid US Postal address.

Joining the fun

I am a complete mess right now. I just checked my checking account, I had the $515 in my checking account the day they cashed the check but I had $200 in my savings account which is the overdraft protection and once the check was cashed it would take from that account as well but apparently when I opened this new account 3 months ago, they never added the overdraft protection....now I'm wondering whats going to happen to us now???? is there any way to call or pay online? Is this going to mess us up completely??? someone please help, I don't know what to do!

Oh and his GC doesn't expire until the middle of July, if this helps...

You should go to your bank and check with them. As far as I remember there were new rules about overdraft protection in US banking around February 2010. The banks were required to get approval from customers that the customers would like the bank to honor the check and get charged a fee. Something around those lines.

B. You have to be a LPR for 3 years, and married to the same US citizen for those 3 years and that your spouse has been a US citizen for those three yeas.

Counting 3 years from the day/date you got your first Permanent Resident Card

You have multiple options

1. Finish your studies, graduate, go back home, and go through K-1 process, come to US marry within 3 months and apply for AOS.

2. Get married, finish your studies and go back home and go through CR1 process.

3. Get married, file for I-130, AOS all together, you can continue your studies and stay in US. In this case you may have to prove that you didn't have any intent to marry when you first entered US on F-1. In my case, I came on F-1, finished studies got a job on H-1B and then met my wife so I went through this route since I didn't even know my wife when I entered US.

congratulations everyone for getting their Approval and GC. :dance: :dance:

If TB is active you have to undergo a treatment of about 11 months with regular visits from infectious disease control people who keep checking if you are taking your medications regularly.

If TB is inactive, the skin test would come positive but X ray would be clean.

In second case there is no effect on your AOS (I know for sure as that was the case with me). I would not answer the first case because I do not know for sure, may be someone on VJ with the first case scenario can answer your question.

Congratulations BlueHills and BigBubble.

Happy New Year everybody.

congratulations richa and a Happy New Year.

We are very happy for you.

Yes i did read the guide.. Currently my husband and I are not in US.. We are planning to go march next yr.. As soon as we reach there i will apply for AOS for him.. Also can someone pls tell me that when i apply for AOS for him , for the I864 form do i fill it out or the joint sponsor fills it out? Because I don't have any income now , i showed my moms income.. thanks

I understand that you are anxious and nervous as this is a very important process. Asking all your doubts on VJ will give you all the answers but you would not understand anything unless you go through it yourself. Here is what I suggest (just adding on to what others have suggested you)

1. Download and print all the related forms and their instructions (485, 765 etc) [VJ guides can tell you which ones in your case]

2. Read the instructions and fill the forms (this is your first draft), take help from VJ guides.

3. Ask on VJ if you have problems understanding a particular question or instruction and you couldn't understand in your case what is the answer.

In most cases you would get your answer yourself.

Here are some more things that you can send.

1. Ask your bank to write you a account status letter, they usually mail you in 7 - 10 days, but if you agree to pick it up from a branch it's done in about 3 business days. This letter shows when you opened your account and what is the status.

2. If you guys own a vehicle then you could send the insurance information about the vehicles also the titles if you both have your names on it.

3. What about health insurance, life insurance and beneficiaries information.

any or all of this should work just fine.

good luck.

im sending in ALL FORMS at the same time in one package,

now, I put an original marriage certificate along with the form I-130.

The i-485 though, not sure the checklist says to have ANOTHER marriage certificate

with this form. Is that so ? I mean they will see the original marriage certificate

in the SAME package but with the i-130 folder.

Send in one more copy of marriage certificate with 485. Also read how to arrange your packet with cover letter. Lot of people on VJ including me can help you with arranging your packet.

Why are there so many copies of G-325a forms? according to the checklist, i have

to have eight g325a and another eight g325a for my wife (thats 14 papers looking

exactly like the last 2)

You Fill one set of G-325a form (4 pages) for yourself and one set for your wife. G-325a (4 pages) when you fill the pdf version on computer it automatically replicates all the information, you and your wife have to sign all the pages though. You need to send only one set for you and one set for your wife with your application packet, no need to send separate for 130 and 485.

n the checklist it doesn't say anything about sending in:

* I-20

* Driver-license copies

Should I send these anyway?

You must send your I-20 copy, as that is the document stating your legal stay and legal entry in United States, You do not need to send in driver license copies.

=============

Make sure you arrange your packet with a cover letter explaining what is included in the packet an example is here...

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

Original Submission: Concurrent Filing I-130, I-485 and I-765

Date:xx/xx/xxxx

Petitioner (U.S. Citizen) : Your wife name

Beneficiary (Alien Spouse) : Your name

U.S. Citizenship and Immigration Services (if sending by FedEx)

Attn: FBAS 131

South Dearborn - 3rd Floor

Chicago, IL 60603-5517

Dear Sir/Madam:

Please kindly find enclosed concurrent filing of the Forms I-130, I-485, I-765 and supporting documents.

Contents of packet include:

1. Application Fee of US $355.00 for I-130

2. Application Fee of US $1,010.00 for I-485

3. Form I-130, Petition for Alien Relative and supporting documents as listed below:

a. Copy of US citizenship certificate.

b. Copy of un-expired US passport (all pages).

c. Copy of Marriage Certificate.

d. Copy of Lease Agreements for our current Address and previous Address.

e. Copy of Bank verification letter as proof of co-mingling of financial resources.

f. 1 Photo of wife and 1 photo of you

g. 1 set of G-325A forms for wife, 1 set of G-325A forms for you

4. Form I-485, Application to Register Permanent Residence or Adjust Status and supporting documents as listed below:

a. Copy of Birth Certificate.

b. Copy of Passport of you(all pages)

c. 2 photos of you

d. Form I-693, Report of Medical examination and vaccination record.

e. I-864, Affidavit of Support and supporting documents

5. Form I-765, Application for Employment Authorization and supporting documents as listed below:

a. Copy of immigration docs I-20 etc

b. Copy of original I-94 (front and back) issued at POE Airport.

c. 2 Photos of you

Thanking you,

Yours Sincerely,

________________________________________________________________________________

_____

(your wife) (you) (Date)

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

Good luck

Hello everyone!

I am an H-1B visa holder from Nova Scotia, Canada, who has been living and working in the United States since October 2004. After three years of being together, my fiance and I (now my husband!) just got married on November 7, 2009.

My H-1B does not expire until October 2010, but I thought that I had better get a start on the green card application process. After doing my research on this site, online and on the USCIS website, I have two questions and I hope that someone can definitively answer them for me:

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Many thanks for your help!

Hi I am replying to your query as I was also on H1-B got married in April 2009. My H1-B is going to expire in 2010 as well. Now let's go to your questions

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

--> I-130 and I-485 you must file, now I-765 you would file if you would need work permit (so that you could work for any company without restrictions in US), I filed it just in case if there are any complications with AOS process and it doesn't get approved before October 2010 then at least I have a work permit to continue working. Is there enough time to get approval, I can't say that, yes there is for sure enough time to get EAD and AP but for AOS no one can guarantee that (in most cases yes you have enough time but it's case by case basis). I-765 is a very easy form to fill and I don't think that you should skip on that (plus it's free of cost if you are filing it together / or with an AOS application).

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Yes you do need to file I-693 medical using a civil surgeon for your 485.

Good Luck.