I-485

[LN37]

Hi Folks,
I'm planning to file I-485/I-130 in couple of days. My story is...

I met my wife through social network in 2007 when I was back home, On Jan 2008 I left to Dubai for work, Once every year I go home for vacation, Then on 2010 while I was on vacation back home, I got my B1/B2 visa, was happy and visited my girl first time in life and stayed for a week with her here in California, and returned back home, then back to work in Dubai. Second visit was in 2011 Jan for three weeks and we had our court marriage done in Oakland, CA. after that I spent a week back home, then returned to Dubai to continue my employment . I quit my job in December 2011, and returned home, and I stayed there for 3 months and I came to California in feb 2012, Now I’m here with my wife who became US Citizen on 30th of May.

Now my question is….

1) Form G-325A has a question “Applicant’s last address outside the United States of more than 1 year”
Since I did not complete a year of stay in neither Dubai nor India,Im confused with which address to fill in for this question? Or should I state the very last address that I resided for more than a year before I went to Dubai?

Also, if I include the Dubai address, should I provide any record for a clearance from the police? If yes, currently I do not have any access to Dubai, in this case, is there any alternative way?


2) My wife is still waiting for her passport, is it supportive enough if we send in the application with just a copy of Naturalization Certificate?


3) Please give me the important documents which should contain in the package and in which order these needs to be when mailed?



I appreciate your kind replies.

[wavedom]

1. I would provide an address according to the instructions. The last address outside the US of more than 1 year is what they ask for.

2. In the instructions for the I-130 it states that a copy of the naturalization certificate counts as proof of citizenship.

3. Check the site visa-journey.com (without the -). There are guides explaining everything.

Also read the instructions for I-485 and I-130 to make sure you don't forget anything.

[LN37]

Thank you Wavedom for your kind reply, i'll follow you idea, Thank you.

Could you please anyone advice me,Is it accepted If Affidavits sworn provided by my father/ mother- in laws as a proof of our bonafide marriage?

Thanks,

[wavedom]

According to the I-130 instructions, an affidavit works as evidence. However, you should also provide more evidence than that, such as paperwork showing that you live at the same place and have joint assets. Copies of a lease, insurance papers and bank papers would work if they have both your names on them. Don't forget to submit a copy of the marriage certificate.

Regarding the police clearance, it seems like you only need to provide one if you belong to "a special class described in an I-485 supplement" (according to the I-485 instructions). I haven't found any more information concering that supplement. I would assume that you don't need one, but there's always a chance of getting an RFE later. If you do need a police clearance but it is unavailable, you have to provide a letter from the appropriate police department which states that a clearance is unavailable.

I might have misunderstood the situation but are you currently in the US on a B1/B2 visa? If you did enter on that visa after you were married they might ask you more questions at the interview since the B1/B2 isn't meant for immigrating.

[LN37]

B1/b2

Your information’s are so much useful Wavedom, Appreciated

Prepared almost all the documents but still nervous to send!!!

I’m on B1/B2 visa right now, and i have a question…………….
When I applied for B1/B2 visa on 2010 back home, I informed visa officer that I’m going to visit my relatives in USA, I didn’t tell them about visiting my wife, but I gave my wife’s information(Address , A-number, Green card, etc…) to visa officer as herself is my cousin.

Now I’m in a situation o facing them again,

I know when we apply for I-485 they do background history check. There for, will it be a disaster when I go for interview with USCIS people??? :

Many Thanks

[wavedom]

The problem with using a B1/B2 and the file for AOS is that the USCIS might believe that you planned on filing for AOS when you applied for your visa. Applying for a non-immigrant visa with the intention of changing status to LPR once in the US is considered to be visa fraud. However, it happens that people apply for a non-immigrant visa with the intention of returning to their home country, but they change their mind and decide that they want to stay in the US instead. In that case it's not considered to be visa fraud. What counts is what intentions you had with your B1/B2 visa when you applied for it at the embassy (or what the USCIS thinks your intentions were). When you applied for your B1/B2 I assume you filled out the DS-160 (or DS-156). On that form they ask if you have any relatives in the US and what kind of relatives (spouse, parent etc.). I don't know if the USCIS checks the visa forms you provided to the embassy, but if you didn't write that your wife was in the US they might ask about it at the interview.

Another option could be to file the I-130 and then file for a CR1 visa at the embassy in your home country.

[osweiti50]

One question, when you filed your B1/B2 visa you were not married (officially), is that right?, and at then you used her A-number...etc for your visa application, is that right? If that is the case I think you are fine, what I believe could be a problem is to hide knowingly the fact that she was really your wife (legally) and you used her as cousin, that is interpreted as fraud. if she was your girl friend or else I guess nothing to worry about as you were not legally married at the time when filed for B1/b2 visa. She can go ahead and file both I-130& I-485 simultaneously as petitioner for you as beneficiary (IR-1). I believe things will move on w/o problems, all will take about one year to get approved. Good Luck

[LN37]

Thank you folks for kind valuable info’s,

Yes I wasn’t married when I apply for B1/B2 visa.

Now my intention is to do concurrent filing which is without leaving the USA, There for I have prepared my paper works according to that, and I guess for CR1/IR1 visa process where I have to exit the country and start over everything from the beginning ? , I feel doing adjustment of status process seems comfortable,

Please let me know if I need to correct anything,

Many Thanks