win.lai1

Read the statement closely after check box "a" says "OR Relative ..... visa Petition" This is the I-130 that will be in the package.

Guide:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

ALSO Do not forget to file an I-131 for an AP doc, a valid F-1 WILL NOT protect the pending AOS from getting canceled if travel out of the USA without AP

Thanks!

In the basis of an Imediate visa number being available based on the I-130 petition that will be attached to the I-485.

Check Box "a"

So the "attach a copy of the approval notice" will be the I-130 petition?

Thank you YuAndDan.

Hi all,

My wife is now adjusting her status from F-1 to PR after we got married. We are starting to put together the AOS packet; now, what box should she check for Part 2 question of "I am applying for an adjustment to permanent resident status because:" on the I-485 form?

Thanks everyone!

Yep. The fee is $420 for the I-130 and $1070 for the I-485, the I-765, and the I-131 (it says it in the I-485 instructions).

FWIW, I think I put "in conjunction with status as PR" in that box even though I am the citizen. It might be wrong but it wasn't a problem. What you suggest sounds fine and probably more correct, but it won't make or break the application.

Thanks again Harpa!!

Is she a student on her own funding or is she supported by the Chinese government? If the latter, then she may be subject to a home stay and not eligible to adjust status until the home stay is complete. Just have her check on that to make sure you are in the clear. Good luck!

It's on her own funding. She also found a job through her OPT training that is willing to support her work visa. But, we chose to get married and why not do it this way?

Thanks a lot!

You will not run into any trouble with your timing. Any overstay is irrelevant/forgiven for immediate relatives of US Citizens who AOS, which includes a spouse.

Regarding proof, that may be enough because yes, they generally understand that newlyweds don't have a lot of evidence. However, try to get as much as you can. You may be able to add her to you lease, or get a joint bank account if she has a SSN already. Good luck.

Thank you so much for your quick reply. I will try to provide more proof with the time allowed!

My fiancee on an F-1 visa and I (USC) will be getting married on Jan 27th, but her visa expires on Feb 18. She mentioned that she has 180days of grace period. Since it will take couple weeks for us to obtain our certified copy of the marriage certificate, her 180days will have started accruing by the time we can concurrently file her AOS.

So, marriage before her F-1 expires, and file couple weeks into her 180days grace period.

Will we run into any trouble along the way if we file the i-130/i-485 AOS a couple weeks into her 180days?

And, questions with the proof of a bonafide marriage. Of course the copy of the certified marriage certificate, and will include 1 or 2 affidavits along with a few photos. Is that enough since we'll be newlyweds?

If not, should I send in a copy of (any supporting documents) such as... I was going to ship out to basic training for the military, but I parted during the DEP (delay entry program) due to the importance of starting a family being there for my wife, and having the once in a lifetime opportunity of watching my future children take their first steps. I have sent my request to be parted to my commander in charge due to marriage reasons. Will it help to send in that copy of email along with some of my paperwork that I was suppose to ship off, including a cover page for the USCIS describing that situation?

Thanks everyone for their input.

Yes, send clear and legible photocopies.

The original documents I have usually have some different color stuff on them, like translator certification stamps, county clerk certification stamps, whatever. I made color copies to make it obvious that these were copies of the original, and not second generation photocopies. Actually, I just scanned the originals into my computer, pasted them into a word processor document (slightly reduced to fit the page), and put a caption at the top of the page indicating what the document was. I did this with the original I-129F petition, as well as the AOS petition. I've never personally gotten an RFE for an original document.

If you end up getting an RFE for a document that's difficult to replace, such as a birth certificate, then include a letter requesting they return the original after examining it, and include a self-addressed stamped envelope for them to use to return it. Include additional photocopies for them to keep. I helped a friend respond to an RFE for his original birth certificate when he was petitioning for his brother, and I included the letter and envelope. His original birth certificate was issued before the end of the VN war, and it was very fragile and faint, so the copy he sent was difficult to read. USCIS approved his petition and returned his birth certificate in the envelope we provided.

You should also bring the original of any document you submitted when you go to the interview as the IO may ask to examine it.

Thank you so much. Very very helpful reply. Hope those searching about the same info in the future can read this post!

Once again, thanks everyone and happy new years!

Hi and welcome to Visajourney,

yes, you are right, the US Citizen fills out the I-130 and mentions it in their Biographic G-325A

And for your spouse, she will enter AOS I-485 and if applicable also the application for Work Permit I-751,

if needed the Travel Permit, too. (I filed mine this way, except no travel permit)

Good luck on your immigration journey!!

Maxximus

It's free too if I file the I-751 and Travel Permit at the same time as I-485!?

Yep, that's right.

I believe they mean that if your wife has a translation made, they would want the original printout of the translation with the translator's real signature on it. The instructions say the only thing they want an original of is things that are made specifically for USCIS, like forms. You are not required to submit original BCs because you need those for other things in life! So, if I understand you correctly, that would be a photocopy of the BC, and the originals of the others (make a copy for your records). You can bring the copy to your interview.

Good luck.

Thank you, sir!!!!

For the last few days I have been reading post about couples who end up in divorce or worst after going through this expensive and time consuming process. I have read about USC getting married only to find out they have been used. I prayed and fasted before even deciding to date my husband and I love him so very much. I just could not imagine however after going through this whole process a year later me writing on this forum that something bad happened. I guess I don't have a CR1 question and am posting this comment in the wrong place...please forgive me if I am. I am seeking a CR1 visa for my husband, just saying, after reading all of these horror stories I'm feeling pretty sad. For those experiencing it and at the thought that this could be me one day. I know I have to place all my faith and trust in God and I sincerely seeked His face before coming to any conclusion. Am I wrong for my feelings? I just did not realize something that starts off so beautiful can end up being so ugly.

I doubt that anyone that enters a marriage legitimately would ever imagine any of those negative stories that we have all read would happen to themselves. May God be with you throughout everything. Do take care.

A Certified copy is not needed. The VJ Guides are wrong on that. A normal photocopy of the marriage certificate is all that is required. Bring the original to the interview in case they wish to see them.

This link explains that the only originals required are the forms themselves.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4203194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD

Good luck!

So, like JimVaPhuong said below, as long as the photocopy of the marriage certificate is 'clearly legible,' then USCIS will not RFE for an original? Am I correct?

I have also read your link that you've sent me, and I do have a question about one point. They want an original of the translated documents. My wife has her birth certificate in Chinese along with the English translated version; PLUS Translation Certificate in Chinese and in English, 4 documents total. She got this all done in China, if I send in those originals (like the link described), there is no way we could order copies of those documents for the interview.

So, may I send in 'clean, and legible' photocopies of those 4 documents?

Many thanks to all.

I think there's some confusion about copies and certified copies.

There is one, and only one, original copy of the marriage certificate. This is the document that contains the original signatures of the married couple and the JP. In most states, that original document is kept on file by the county clerk's office. I don't know of any state or county that gives the original to the married couple or anyone else.

A certified copy is a photocopy of the original document which has been certified to be an authentic copy by the county clerk. They do this by applying a certification stamp to the copy indicating the date and place the copy was mode. The paper containing the original county clerk's stamp is an "original certified copy". A photocopy of that paper is a "copy of a certified copy".

USCIS will usually accept a copy of a certified copy with a petition. If, for some reason, they question the validity of the copy then they'll either send an RFE for the original certified copy, or they'll ask to examine the original certified copy at the interview. What they won't accept is a copy of the marriage certificate (or marriage license) which was made before the certificate was filed with the county clerk, and which does not contain an image of the county clerk's certification stamp, either original or copy.

I have never sent an original copy of any document to USCIS for any reason. I've also never gotten an RFE for an original document, but I do know people who have, mainly because the copies they made were faint and illegible. If you're paranoid about getting an RFE, and you can easily get another certified copy, then send an original certified copy. Otherwise, a photocopy of the certified copy is usually all they need.

So, as long as the "copy of the certified copy" (with the stamp) is clean, legible, and clear, USCIS will accept it?And, as long as all the copies are legible, USCIS will accept it?

I hope I am understanding you perfectly.

Once again, thanks a lot~

If you're filing the Adjustment of Status Packet then .... include the certified/original in the I130 ... make a copy and make reference as to the location of the original document... For sworn affidavits.. it does not mater.. that's probably not the "primary" evidence of your proof... as to "establishing a relationship the marriage cert. does that.

I could put the certified/original with I-130, and have the photocopy with the I-495 packet, then make reference on the cover page of the I-485 that the original is also included, but in the I-130?

Thanks RICARDO4EVA2~

But, as Zooch76, I will try to obtain more Certified Copies for safety's sake.

Hi all,

I will be concurrently filing the I-130 and I-485 very soon. I have read from certain posts that all photocopies are accepted. But, the instructions asks for Certified Copy of Marriage Certificate. Confused.

Questions:

1. Which documents may I send in a photocopy of? Of course the signed I-130 and I-485 will be sent.

2. Since both packets asks for a marriage certificate, will ONE copy of the marriage certificate be enough since I will be filing concurrently?

3. Does the Marriage Certificate have to be a "certified copy" or a photocopy is OK?

4. Sworn Affidavits: Photocopies or Original?

Thanks everyone for the help.

Thanks a lot. I'm sure many of us over analyze many of these questions, but we really don't want to waste time.

Smooth journey to you too, Nicki.

Hi all,

This is my first post as I am starting this journey with my fiancee to adjust her status from F-1 to PR after we get married. My fiancee is currently in the States on an F-1 Visa while working under the Optional Program.

Anyways, we are going to marry soon and will be concurrently filing the I-130 and I-485. I am a USC and realize that we both each have to file a G-325a form. Though the search button box helped (a little), I wanted a solid answer for my situation. So please, forgive me if this has been clearly stated many times before as I want this to be done right the first time through.

Question:

When they ask: "This form is submitted in connection with an applicant for: Naturalization, Status as Permanent Resident, or Other..."

Since I am the USC filing the I-130, my G-325a form I will check 'Other' and fill in "I-130."

For my fiancee filing her G-325a with her I-485, she will check "Status as Permanent Resident."

Am I correct?

Many thanks to all as this forum has been a life saver so far, and Happy New Years!