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I 130 and I 765

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  • I 130 and I 765

    Hello,

    Arrived on J-1 visa. I am preparing a package for AOS through marriage. My wife is a petitioner and US citizen. I have a few questions.

    Form I-765, number 16. Who may file form I-765. I think my category is ( c ) ( 9 ) ( ). Is that right? Can someone confirm that?

    Form I-130. In the top right corner... form expires 12/31/2015. Is that a mistake? There is no updated version on gov website. Are they going to except that??

    I-130, number 14. Date authorized stay ,or will expire, as shown on Form I-94 or I-95. My I-94 says " D/S ". What should I put there? Does that have something to do with DS 2019 Form? Should I submit a copy of that too?

    Thank you.

  • #2
    Originally posted by jasseeeee View Post
    Hello,

    Arrived on J-1 visa. I am preparing a package for AOS through marriage. My wife is a petitioner and US citizen. I have a few questions.

    Form I-765, number 16. Who may file form I-765. I think my category is ( c ) ( 9 ) ( ). Is that right? Can someone confirm that?

    Form I-130. In the top right corner... form expires 12/31/2015. Is that a mistake? There is no updated version on gov website. Are they going to except that??

    I-130, number 14. Date authorized stay ,or will expire, as shown on Form I-94 or I-95. My I-94 says " D/S ". What should I put there? Does that have something to do with DS 2019 Form? Should I submit a copy of that too?

    Thank you.
    Yes, the category is ( c ) ( 9 ).
    Form I-130 expires 12/31/2015 is the current form. (always get the form from uscis website)
    Since you are here as an J-1 visa it will say D/S so put just that. basically the D/S let the IO know that your visa expires whenever your I-20 expires. (remember I-130 is for your spouse to fill out not you the petitioner)

    Comment


    • #3
      Are you not subject to a 2 year home residency requirement being here on a J-1?

      Comment


      • #4
        This is on my J-1 visa:
        "BEARER IS NOT SUBJECT TO SECTION 212 (E).
        TWO YEAR RULE DOES NOT APPLY."


        Still not sure should I attach a DS-2019 Form? Just in case, to avoid RFE. The D/S means Duration of Status and refers back to the dates listed on the DS-2019. The J-1 is allowed to stay to the end date on form DS-2019 plus the 30-day grace period.
        This is a little bit confusing. I-94 says D/S. DS-2019 says 10/01/2016. There is nothing about 30 days. Should I just put "D/S" and attach D/S-2019 as evidence?
        Or I just go ahead and put 10/01/2016? Or I add 30 day grace period and write expiration date is 10/31/2016?

        And second thing. Both of us are filling separate G-325A. This form is submitted in connection with an application: I checked the box "Status as Permanent resident"
        What should my wife answer? Same or "Other (Specify)etitioner" or something like that?

        And does she have to put her name in the box outlined by heavy border below or mine name?

        Thank you very much guys. This forum is very helpful.

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