Advise please

[nickabraham]

Hi, my name is Nick and me and my family came in the US mid March, my american born wife (married to her for 10 years) told me to come to Texas to visit his uncle that lives here and while we were here we fell in love with the place and decided to stay, she has her US passport, SSN, everything, but my 3 (9,6 & 1 year old) children and myself do not because we were born in Mexico.

We came to the US legally through a B1/B2 visa and we still have 4 more months to be legally here. And since we are all settled we wouldn't like to go back to do it through the consulate, that is why we decided about the adjustment of status. We have not had problems before to enter the US, we've been here several times to visit.

I already consulted with several lawyers and everyone tells me the same thing. that we have to wait 60 days from our initial entry to the US to apply for the adjustment of status (form I-485) and my wife to submit an Immigrant petition family form (I-130) so we can start our green card applications. That it takes 60-90 days for me to get my EAD card and then to the green card interview. Actually they told me that after the green cards my children immediately apply to be american citizens because of their mother.

Can somebody tell me if there is something missing here? maybe to submit an I-765 form for the EAD card?

Any tips to filling the forms, everything that is to be known about the process?

Can I do this myself (fill and send the forms)? Lawyers tell me my particular case it's quite simple so I don't want to spend that much on lawyers if I can do this myself

I appreciate everything you can tell me about the process

[rayb]

This is probably the first time I've heard that "lawyers" told someone that the Adjustment process is quite simple, as a $2,000+ two-hour preparation procedure is usually too good an opportunity for most lawyers to pass up.

It is quite simple and you can do it. I would recommend, however, that you have someone else check your package before submitting.

There will be two fees: $420 and $1,070. The children's fees will be $420 each for the I-130's and $635 each if the I-485 is submitted at same time as your I-485.

A required immigrant medical exam, $200-$400, each.
Forms: I-485, G-325A, I-864, I-765, I-131, all with supporting documents.

--Ray B

Hi, my name is Nick and me and my family came in the US mid March, my american born wife (married to her for 10 years) told me to come to Texas to visit his uncle that lives here and while we were here we fell in love with the place and decided to stay, she has her US passport, SSN, everything, but my 3 (9,6 & 1 year old) children and myself do not because we were born in Mexico.

We came to the US legally through a B1/B2 visa and we still have 4 more months to be legally here. And since we are all settled we wouldn't like to go back to do it through the consulate, that is why we decided about the adjustment of status. We have not had problems before to enter the US, we've been here several times to visit.

I already consulted with several lawyers and everyone tells me the same thing. that we have to wait 60 days from our initial entry to the US to apply for the adjustment of status (form I-485) and my wife to submit an Immigrant petition family form (I-130) so we can start our green card applications. That it takes 60-90 days for me to get my EAD card and then to the green card interview. Actually they told me that after the green cards my children immediately apply to be american citizens because of their mother.

Can somebody tell me if there is something missing here? maybe to submit an I-765 form for the EAD card?

Any tips to filling the forms, everything that is to be known about the process?

Can I do this myself (fill and send the forms)? Lawyers tell me my particular case it's quite simple so I don't want to spend that much on lawyers if I can do this myself

I appreciate everything you can tell me about the process

[nickabraham]

Re: Ray B

This is probably the first time I've heard that "lawyers" told someone that the Adjustment process is quite simple, as a $2,000+ two-hour preparation procedure is usually too good an opportunity for most lawyers to pass up.

It is quite simple and you can do it. I would recommend, however, that you have someone else check your package before submitting.

There will be two fees: $420 and $1,070. The children's fees will be $420 each for the I-130's and $635 each if the I-485 is submitted at same time as your I-485.

A required immigrant medical exam, $200-$400, each.
Forms: I-485, G-325A, I-864, I-765, I-131, all with supporting documents.

--Ray B

Thanks Ray B

I think in the end you meant the I-130 form instead of the I-131 ?

So, to get it all right each of my kids and myself have to file the I-485, I-130, I-765, I-864, G-325A, G-1145 (for notifications), along attaching the I-693 (report of medical examination and vaccination each)

All my documents (birth certificates, marriage certificate, etc) are in spanish... I read in a forum that I can translate them myself, is this true?

Do we send everything in the same package with the fees?

How long for me to get my EAD card? Green card interview?

Also, for the I-864 form... my wife is still looking for a job here, it won't be long till she gets one but do I wait until she does or do I base myself on the bank records? we can show deposits from this year for over 40k so we can prove that we brought some income

Thanks again

[rayb]

Nick,

Actually I did mean I-131 to be included, but I didn't show the I-130 in that last sentence. But I wouldn't recommend using an Advance Parole I-131) while waiting for your Green Card, as you could be considered a visa overstay because of your B2 expiring while waiting for the Adjustment of Status interview. So, probably no point in including the I-131 in your packages.

Correct, each of your I-130/I-485 packages must be separate and "stand alone," though submitted in same large envelope, at same time, to get $635 fee for the children.

I wouldn't recommend doing the Spanish-English translations yourself, as they must also be notarized and meet standard USCIS professional translation quality. Translations average about $60 per page here by professional translation service. If cost is an issue, go ahead and do them yourself, as the worst that can happen is you may get an RFE if someone at USCIS takes exception to your translation.

The EAD normally shows about 3 months after you submit the packages. The Adjustment interview about 6 months after submittal, though this varies by State, longer in southern states (especially Florida and Georgia sometimes).

Deposits alone and $40,000 in cash won't meet the sponsorship requirements. Probably, your wife doesn't have a 2014 Federal Income Tax Return, so you should try to find a co-sponsor. The three children might be exempt from a sponsorship requirement, based on mom's U.S. citizenship, so try submitting the I-864W for them.

--Ray B

Thanks Ray B

I think in the end you meant the I-130 form instead of the I-131 ?

So, to get it all right each of my kids and myself have to file the I-485, I-130, I-765, I-864, G-325A, G-1145 (for notifications), along attaching the I-693 (report of medical examination and vaccination each)

All my documents (birth certificates, marriage certificate, etc) are in spanish... I read in a forum that I can translate them myself, is this true?

Do we send everything in the same package with the fees?

How long for me to get my EAD card? Green card interview?

Also, for the I-864 form... my wife is still looking for a job here, it won't be long till she gets one but do I wait until she does or do I base myself on the bank records? we can show deposits from this year for over 40k so we can prove that we brought some income

Thanks again

[nickabraham]

I-864W for everyone

Nick,

Actually I did mean I-131 to be included, but I didn't show the I-130 in that last sentence. But I wouldn't recommend using an Advance Parole I-131) while waiting for your Green Card, as you could be considered a visa overstay because of your B2 expiring while waiting for the Adjustment of Status interview. So, probably no point in including the I-131 in your packages.

Correct, each of your I-130/I-485 packages must be separate and "stand alone," though submitted in same large envelope, at same time, to get $635 fee for the children.

I wouldn't recommend doing the Spanish-English translations yourself, as they must also be notarized and meet standard USCIS professional translation quality. Translations average about $60 per page here by professional translation service. If cost is an issue, go ahead and do them yourself, as the worst that can happen is you may get an RFE if someone at USCIS takes exception to your translation.

The EAD normally shows about 3 months after you submit the packages. The Adjustment interview about 6 months after submittal, though this varies by State, longer in southern states (especially Florida and Georgia sometimes).

Deposits alone and $40,000 in cash won't meet the sponsorship requirements. Probably, your wife doesn't have a 2014 Federal Income Tax Return, so you should try to find a co-sponsor. The three children might be exempt from a sponsorship requirement, based on mom's U.S. citizenship, so try submitting the I-864W for them.

--Ray B

Ray B

In the I-864W there is this option for being excempt:

"I am under 18, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States."

That seems to fit my children, but the only thing that concerns me is the last part "upon my admission to the United States"... Does it mean our arrival (we are already here) or admission as in the approval of green card they will apply to become citizens of the United States... It's a bit ambiguous

As for the co-sponsor for myself, my wife has an uncle here in Texas that can help with that, we'll ask him

Thanks for everything man! I appreciate it!

[rayb]

I don't believe the clause, "...upon my admission to the United States..." is an issue. But there may be other reasons the I-864W won't be accepted, possibly the amount of time your wife lived in the U.S. before going to Mexico, etc. But I would still recommend using the I-864W to bypass a monied sponsor. The worst that can happen is an RFE for you to provide a genuine co-sponsor. If your wife is working by the time such an RFE shows up, you can use use her proof of income or the uncle.

--Ray B

Ray B

In the I-864W there is this option for being excempt:

"I am under 18, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States."

That seems to fit my children, but the only thing that concerns me is the last part "upon my admission to the United States"... Does it mean our arrival (we are already here) or admission as in the approval of green card they will apply to become citizens of the United States... It's a bit ambiguous

As for the co-sponsor for myself, my wife has an uncle here in Texas that can help with that, we'll ask him

Thanks for everything man! I appreciate it!

[rayb]

As a followup about children's eligibility for U.S. citizenship...they aren't eligible to "claim" citizenship until they are legal residents in the U.S., i.e., with Green Cards, unless they would have been eligible to claim it in Mexico, but your wife's prior time in U.S. would have been the deciding factor.

I have used the I-864W for children (Philippines) who came to the U.S., got Green Cards, and then applied for citizenship recognition by submitting N-600 applications. In that case, the National Visa Center and/or the Manila Embassy advised that we use the I-864W.

--Ray B

Ray B

In the I-864W there is this option for being excempt:

"I am under 18, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States."

That seems to fit my children, but the only thing that concerns me is the last part "upon my admission to the United States"... Does it mean our arrival (we are already here) or admission as in the approval of green card they will apply to become citizens of the United States... It's a bit ambiguous

As for the co-sponsor for myself, my wife has an uncle here in Texas that can help with that, we'll ask him

Thanks for everything man! I appreciate it!

[Whisp]

Ray - I just wanted to say that you are not allowed to translate documents yourself, you must have someone do them for you. Now they do not need be notarized but you will have to have the translator sign and verify exactly how USCIS request see here: https://www.immihelp.com/translation...s-immigration/

I researched many translation companies however it was two pages (sadly only like two sentences on the second page LOL) and it did come notarized.

Most translations will run you $60+ for a single page, its outrageous. Best of luck to you!

[rayb]

Whisp,

Thx for your information. I would agree with you, in retrospect, that a petitioner or beneficiary must not do his own translation, as the translator must provide his name and annotation. I was responding to the original poster, and I suggested he use a professional, but I did back down to suggest that he might submit a self-translated English version, but I realize now that it would not be appropriate. a service whose fees are comparable to what you cited below.

--Ray B

Ray - I just wanted to say that you are not allowed to translate documents yourself, you must have someone do them for you. Now they do not need be notarized but you will have to have the translator sign and verify exactly how USCIS request see here: https://www.immihelp.com/translation...s-immigration/

I researched many translation companies - however it was two pages (sadly only like two sentences on the second page LOL) and it did come notarized.

Most translations will run you $60+ for a single page, its outrageous. Best of luck to you!

[Whisp]

Well i did put a link in there to the website for translations but I'm guessing its something thats not allowed - whoops

Whisp,

Thx for your information. I would agree with you, in retrospect, that a petitioner or beneficiary must not do his own translation, as the translator must provide his name and annotation. I was responding to the original poster, and I suggested he use a professional, but I did back down to suggest that he might submit a self-translated English version, but I realize now that it would not be appropriate. a service whose fees are comparable to what you cited below.

--Ray B