Sister married US citizen, need a little bit of help

[inolepehc]

so this is the story.

sister came in 2003 as a visitor, overstayed, and she just married this guy (us citizen) she's been dating since then.

i would like to help them both to file all the forms because in my opinion, her case is one of the easiest and that way they can save some money, even more now that the fees for filing forms, specially I-485, are so expensive.

i've been looking for some kind of "how-to" or "tutorial" for specific questions without any luck.

I-130, part C, question 22, What USCIS office does she have to enter here?? you may say, the same office she's sending I-485 to adjust status, and here is where i get confused.

don't you send all this forms and documents together to the same place?? same place where it says in I-130 instructions i should send this form (i-130) to??

thanks for any help.

[sweetpiano]

you send both forms I-130 and I-485 to the Chicago lockbox, however on question 22 on I-130 put down the local office in your state. I live in Michigan and I put down Detroit, MI, even though I mailed everything off to Chicago lockbox.

[inolepehc]

thank you sweetpiano for your help.

here is another set of questions .... well, im just double checking to make sure.

a)i-130, part B question 8 and part C question 8 as well:

DATE AND PLACE OF PRESENT MARRIAGE

i got it as: NAME OF COUNTY, STATE

because that's what the marriage certificate says. or should i enter something like "CITY, STATE"??

b) i-130, part B question 14:

IF YOU ARE A LAWFUL PERMANENT RESIDENT ALIEN COMPLETE THE FOLLOWING

in this case, the guy is a us citizen, so he doesn't have to complete anything here, BUT, should i enter "N/A" or just leave it blank??

c) i-130, part C, question 17

LIST HUSBAND/WIFE AND ALL CHILDREN OF YOUR RELATIVE

should i enter my sister's name again here, or this is only aplicable when, for example, a son is doing this for his father?? or just enter N/A??

d) i-130, part C question 21

LAST ADDRESS AT WHICH YOU LIVED TOGETHER

they never lived together BEFORE, so I'm entering N/A. correct me if i am wrong, please.

e) i-485, part 2

i chose option A, i read all of them and the only one that matches my sister situation is A, but i have my doubts because it says "it has been approved" and nothing has been approved yet since they're filling both forms together (i-130 and i-485). correct me if i am wrong anyways.

f) i-485, part 3, section B

under relationship, the correct word is husband or spouse?

g) i-765, question 15

CURRENT IMMIGRATION STATUS

i entered OVERSTAY (check original post). let me know if i am correct or wrong.

h) form g-325 A

i know each one has to file one of this form. (am i right?)

husband form, he is american, under CITIZENSHIP/NATIONALITY, is it correct to enter "AMERICAN"? "US CITIZEN"? or what?

after that asks for father and mother information, his mother passed away last year, is this information still needed? (as for his mother).

almost at the end asks "THIS FORM IS SUBMITTED IN CONNECTION WITH AN APPLICATION FOR", what does he, the petitioner, have to choose?

what does my sister, the beneficiary, have to choose on her form??

at the end, the big rectangle where they enter family name, given name, middle name and, ALIEN REGISTRATION NUMBER, none of them have one (as you already know, he is american and she is applying for LPR, so should i enter NONE, N/A?? any other option??

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GENERAL QUESTIONS.

I'm also filling out form I-693 (medical) and I-864.

1) Should i file all these forms, including i-693 and i-864, all together or file them when instructed to do so??

2) if i can file concurrently all of these forms, what's the right address to send this big package?

3) money orders or checks are made payable to the order of DEPARTMENT OF HOMELAND SECURITY?

4) if form I-693 (medical) can be filed concurrently with the rest of the forms, i guess they send this form to the doctor, is that right?

5) form i-864, i-864A and i-864EZ (affidavit of support), which one is the right one for him to file?? when does it have to be submitted?? can i sponsor my sister at the same time?? if i can and if i do, will that affect later if i want my parents to immigrate to US?? (sponsor my parents)

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i think i got all my questions covered, too many uh??

AGAIN, thanks to all of you who stop and read this and answer any of these questions, your help is really appreciated.

[sweetpiano]

Answers in red below

thank you sweetpiano for your help.

here is another set of questions .... well, im just double checking to make sure.

a)i-130, part B question 8 and part C question 8 as well:

DATE AND PLACE OF PRESENT MARRIAGE

i got it as: NAME OF COUNTY, STATE

because that's what the marriage certificate says. or should i enter something like "CITY, STATE"?? I'd put down "City, State". If there is no city written in the marriage certificate, although there should, put down on the form "City, County, State"

b) i-130, part B question 14:

IF YOU ARE A LAWFUL PERMANENT RESIDENT ALIEN COMPLETE THE FOLLOWING

in this case, the guy is a us citizen, so he doesn't have to complete anything here, BUT, should i enter "N/A" or just leave it blank?? Enter "N/A", the INS is very finicky about having every single question answered, even if it's "None" or "N/A"; and definitely put down "None" when necessary, not "N/A"

c) i-130, part C, question 17

LIST HUSBAND/WIFE AND ALL CHILDREN OF YOUR RELATIVE

should i enter my sister's name again here, or this is only aplicable when, for example, a son is doing this for his father?? or just enter N/A??
This application (I-130) is being completed by your sister's husband, right? the USC? Then he is the Petitioner and your sister is the relative, the Beneficiary of this petition. Thus in question 17 need to be listed the spouse and children of your sister. So he will put down his own name and write "Husband" under relationship. If your sister has children, they get written too.

d) i-130, part C question 21

LAST ADDRESS AT WHICH YOU LIVED TOGETHER

they never lived together BEFORE, so I'm entering N/A. correct me if i am wrong, please.
If they currently live together, put down the current address where they live now. If they do not live together now and haven't before, then put down "None".

e) i-485, part 2

i chose option A, i read all of them and the only one that matches my sister situation is A, but i have my doubts because it says "it has been approved" and nothing has been approved yet since they're filling both forms together (i-130 and i-485). correct me if i am wrong anyways.
Option A is correct. If you read the text in brackets, it says to attach a "relative [...] visa petition filed with this application that will give you an immediately available visa number, if approved", so this covers the case of concurrent filings.

f) i-485, part 3, section B

under relationship, the correct word is husband or spouse? "Husband" is correct, unless his gender is uncertain

g) i-765, question 15

CURRENT IMMIGRATION STATUS

i entered OVERSTAY (check original post). let me know if i am correct or wrong. I would put down what kind of visa she overstayed, so "Overstayed a B2 Visitor visa", but to tell you the truth, I'd ask a lawyer.

h) form g-325 A

i know each one has to file one of this form. (am i right?)

husband form, he is american, under CITIZENSHIP/NATIONALITY, is it correct to enter "AMERICAN"? "US CITIZEN"? or what? U.S.A.

after that asks for father and mother information, his mother passed away last year, is this information still needed? (as for his mother). I'd put it down, just to be sure, but make a note that she passed away and the date somewhere on that line.

almost at the end asks "THIS FORM IS SUBMITTED IN CONNECTION WITH AN APPLICATION FOR", what does he, the petitioner, have to choose?
On the G-325A he submits with the I-130, check "Other" and write "I-130 petition"

what does my sister, the beneficiary, have to choose on her form??
On the G-325A she submits with the I-130, check "Other" and write "I-130 petition".
On the G-325A she submits with the I-485, check "Status as Permanent Resident"

at the end, the big rectangle where they enter family name, given name, middle name and, ALIEN REGISTRATION NUMBER, none of them have one (as you already know, he is american and she is applying for LPR, so should i enter NONE, N/A?? any other option?? "None" for both him and her

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


GENERAL QUESTIONS.

I'm also filling out form I-693 (medical) and I-864.

1) Should i file all these forms, including i-693 and i-864, all together or file them when instructed to do so?? I-693 and I-864 have to be filed together with I-130 and I-485

2) if i can file concurrently all of these forms, what's the right address to send this big package? The Chicago lockbox, you find the address on the I-485 instructions

3) money orders or checks are made payable to the order of U.S. DEPARTMENT OF HOMELAND SECURITY?

4) if form I-693 (medical) can be filed concurrently with the rest of the forms, i guess they send this form to the doctor, is that right? No, your sister needs to make an appointment with a civil surgeon approved by the USCIS (as per /show-form/i-693), the doctor examines her and conducts blood tests and TB tests (it usually takes 2 visits, first one for the blood tests, the second for the examination itself, it cost me $200), then the doctor completes Form I-693, completes the Vaccination Supplement too, gives your sister a copy, seals the originals in an envelope, and it is this sealed envelope that is submitted with the entire I-485 package. To find an approved civil surgeon in your area, follow the link on the page above. Take the vaccination record to the appointment, if they're not satisfied that all vaccines are up to date, they will administer vaccines and charge extra. When calling for an appointment, say you need "an immigration appointment", the doctor I went to already had the forms.

5) form i-864, i-864A and i-864EZ (affidavit of support), which one is the right one for him to file?? Either 864 or 864EZ, however I used 864, just to be sure that everything is submitted, I'm not familiar with EZ, so can't say. when does it have to be submitted?? at the same time with I-485 can i sponsor my sister at the same time?? If her huband's income is not enough to exceed 125% of the poverty levels for this year, a joint sponsor will be needed if i can and if i do, will that affect later if i want my parents to immigrate to US?? (sponsor my parents) As per I-864 instructions, you remain liable for your sister until she become a USC or earns 40 quarters of work. How that might affect you wanting to sponsor your parents to immigrate, I'm not sure, except for the fact that your sister will be added to your household size (see Part 5, question 21 on Form I-864), so you will have a much larger household and therefore you will need a much larger income to be able to cover your parents. I would suggest you fill Question 21 on a hypothetical I-864 as if you were sponsoring your parents and see what your household size would then be if it includes your sister, determine the minimum level of income you will need to cover 125% of the poverty limit for that household size, and compare that to your income. That will be your answer.
As far as I-864A, that is needed only if your sister's husband's income is not enough to cover her and they want to use her income as well to cover her, in which case they fill in this form to show that they agreed to use her income to cover the sponsorship requirements.

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i think i got all my questions covered, too many uh??

AGAIN, thanks to all of you who stop and read this and answer any of these questions, your help is really appreciated.

[inolepehc]

THANK YOU SWEET PIANO. I really appreciate your help.

my comments to some of your answers in blue below.

Answers in red below

b) i-130, part B question 14:

IF YOU ARE A LAWFUL PERMANENT RESIDENT ALIEN COMPLETE THE FOLLOWING

in this case, the guy is a us citizen, so he doesn't have to complete anything here, BUT, should i enter "N/A" or just leave it blank?? Enter "N/A", the INS is very finicky about having every single question answered, even if it's "None" or "N/A"; and definitely put down "None" when necessary, not "N/A"

now that you mention that they are very finicky ..... it's clear when you say to fill out all the blanks even with none or n/a depending on the case, but how about cases like i-130, part B, question 14b, where you can't enter anything, but have to choose one or the other (yes or not question in this example). in this particular case, question 14a is very specific and says "if you are a LPR alien, complete the following:" and he's not a LPR so he shouldn't, eventhough, to meet INS standards, he enters N/A on 14a, but does he still have to answer NO to question 14b?? i think he shouldn't but i might be wrong. let me know.

f) i-485, part 3, section B

under relationship, the correct word is husband or spouse? "Husband" is correct, unless his gender is uncertain

i think she said he is a man haha ...... by the way, same part here, she doesn't have children, and there is space for four more relatives there, each one of them requesting 8 different things. so again, finicky INS, should i enter NONE just under FAMILY NAME, or under each one of them, but, if this is the case, you can't fit the word NONE under MIDDLE INITIAL (of course you can't, i know), or what about "APPLYING WITH YOU". I hope you understand my point, to me, sounds like I'm making dumb questions because if it was for me, i just enter "none" under family name, but you know how they are better than me.

here is another case, form G-325a, where it says "Former Husbands or Wives (If none, so state)Family Name (For wife, give maiden name)"; neither one of them have been married before, so I just wrote none on the first blank, what about the rest??? there is even a second line, should i enter none as well??

g) i-765, question 15

CURRENT IMMIGRATION STATUS

i entered OVERSTAY (check original post). let me know if i am correct or wrong. I would put down what kind of visa she overstayed, so "Overstayed a B2 Visitor visa", but to tell you the truth, I'd ask a lawyer.

h) form g-325 A

almost at the end asks "THIS FORM IS SUBMITTED IN CONNECTION WITH AN APPLICATION FOR", what does he, the petitioner, have to choose?
On the G-325A he submits with the I-130, check "Other" and write "I-130 petition"
what does my sister, the beneficiary, have to choose on her form??
On the G-325A she submits with the I-130, check "Other" and write "I-130 petition".
On the G-325A she submits with the I-485, check "Status as Permanent Resident"

thanks for letting me know something i didn't know, even without me asking, i didn't know she has to send 2 different g-325a. as you know, g-325a consists of 5 different copies, does she have to send a total of 10 then??, 5 for i-130 and 5 more for i-485???



HAVE A GREAT DAY PEOPLE. AND THANKS IN ADVANCE TO SWEETPIANO OR ANYBODY ELSE WHO CAN HELP.

[sweetpiano]

I know i said all questions need to answered, but I think in some cases it's reasonable to assume that some blanks are inevitable.

I-130, part B question 14 - now you got me thinking that maybe my husband (USC) should have left 14b blank. In any case, we checked No in 14b and put "N/A" in 14; we treated 14b as if it was a separate question from 14, and it had to be answered one way or another.

I-485, part 3, section B - I would just list the husband and leave the other fields for the other people blank (of course for the husband check No for Applying with you? as he is not applying for AOS.
For any other similar cases (such as in G-325A with Former Husband/Wife) where there are several lines, just put None on the first line and leave the other lines blank.

i-765, question 15 - Yes, I say follow Praetorian's advice.

form g-325 A - your sister needs to send two separate G-325A's - one for I-130 and one for I-485. However, as far as I know, the G-325A has only four pages, the fifth one is an instruction page. They all look the same, but apparently they go to different places. In any case, there will be four pages of G-325A with the I-130 and four pages with the I-485. By the way, if you have the latest "full-blown" version of Adobe Acrobat (with all the options), you can save the G-325A, and while filling in the first page, the other pages will automatically fill in with the same information.

As a general rule, each application pack (I-130 and I-485) needs to stand on its own as far as underlying evidence. So if both ask a specific document (say birth certificate), then each pack needs to contain a copy of the birth certificate. As someone on the forum has said (can't find the link right now), take the I-130 and attach all the required evidence, then put it aside and take the I-485 and attach all evidence, even if it's a repeat. E.g. with photos, if my count is right, your sister will need 1 photo for the I-130, 2 for I-485, 2 for I-765, and 2 for I-131 (if filed).

___________________________________________
I need a quote and a disclaimer

[inolepehc]

Fee Or No Fee

hi again,

one more question, i won't say is the last one because you never know while i was reviewing all the info collected, noticed something about the FEES.

I-765 $340

does my sister have to pay this fee or not?

i think she doesn't. my reason:

page 8 of the instructions "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, no fee is required to also file a request for employment authorization on Form I-765."

but page 7, under "what's the filing fee", there's where i get confused, exceptions, initial ead, my sister can't apply under any of those, and after that, i can't even go there because she's not renewing neither replacing.

so?? to pay or not to pay?? that's the question

[sweetpiano]

If this is the first time your sister is applying for an EAD (and it is made together with the I-485), then the I-485 fee of $1,010 covers both the I-765 and the I-131 (travel document), so no additional $340 is needed. However, you/your sister will need to determine if this is an initial EAD or not.

[inolepehc]

If this is the first time your sister is applying for an EAD (and it is made together with the I-485), then the I-485 fee of $1,010 covers both the I-765 and the I-131 (travel document), so no additional $340 is needed. However, you/your sister will need to determine if this is an initial EAD or not.

it is initial, first time ever. never applied before. thanks sweetpiano! god bless you.

[sweetpiano]

best of luck to your sister, inolepehc, it's nice of you to be helping her.

[inolepehc]

here i am again,

I-130 says:

"Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage)"

these affidavits, are they some sort of legal form???? or can it be something done at home on computer like "I, name last name, swear that i have fully knowledge of ........... " ?????

are there any samples online??? could anybody send a sample, please???

[inolepehc]

i did find some information regarding the affidavits.

now, my sister has talked to several people that has gone through her same situation. some of them have applied with the help of lawyers, some not, but she said that some of those that have done it with the help of a lawyer, have received their work permit (her priority) faster than the ones who decided to apply by themselve.

is this possible?? can a lawyer speed up the process??

i don't think so, but i never went through this so i want to know what you guys think about it. let's assume everything that i have done for her until now is correct, all forms filled out correctly, all evidence, documentation etc etc collected, no mistakes, nothing missing.

anyways, how much a lawyer could charge for a case like my sister's?? i'm asking this because i consider her case as a piece of cake and i don't think she should be charged too much (this is why i'm helping her with this, so she can keep that money in her pocket). i personally know of 2 different friends in the same situation, one of them paid over 1500, the other one around 1000 ...... has anyone done it for less than that?? can anyone say "don't pay more than $....." ??

by the way, they are ready to get their pictures taken, any recommendations about where to go??? any walgreens, cvs passport pictures are ok??

thank you in advance for your replies.

[sweetpiano]

passport photos

I know the cost of the phots can add up, so my husband and I made our own. We took our own pictures, then uploaded them on http://www.epassportphoto.com/. This website allows you to upload your photo, provides a tool to make sure it is conforming to the requirements (like head size and eye height and such), and then produces a 4''x6'' picture with your photo repeated 6 times. You can then treat this output as a standard 4x6, which you can take to be printed at any Walgreens or CVS for a fraction of the price (I think they charge 15 or 20 cents for a 4x6 print). So you get 6 passport photos for 15 or 20 cents.

There is a catch though: usually CVS and Walgreen crop your prints slightly, so you don't get an exact 4x6, but slightly smaller, which knowing how finicky the USCIS is about every little detail, can be grounds for an RFE. We realized this after getting our photos printed at CVS. So we used Adobe Photoshop (I believe you can use other, simpler, photo editing software) to add a color border around the 4x6 and transformed it into a 5x7, so when the cropping occurs, it eats into this border, not the actual photos. This time we printed them at Walgreens (better quality than CVS anyway), and a 5x7 print at Walgreens costs $1. (We uploaded the photos on the Walgreens website, ordered prints and picked them up the next day). So we got 5 prints (30 passport photos in total) for $5 (we got extras just in case, and cut the photos ourselves).

All this is a little bit time consuming, requires a digital camera, it took us a little bit to find a good spot in out apartment, with enough light and white background, plus some photo editing to add the border, but the cost savings are worth it.

As far as the lawyer goes, I'd say save your money, it's not rocket science, and I've seen on many forums people swearing by the fact that a lawyer will not be able to speed up a case. The only instance when a lawyer would be recommended is if the case is complicated.

[inolepehc]

about I-131

thanks a million sweetpiano!

I'm working on her I-131. while reading the instructions, page 3 states:

Before you apply for an Advance Parole Document, read this travel warning carefully.

B. If you have been unlawfully present in the United States for one year or more, you may be inadmissible for ten years from the date of departure regardless of whether you left before, during or after removal proceedings.

C. Unlawful presence is defined as being in the United States without having been inspected and admitted or paroled, or after the period of authorized stay has expired.

D. However, certain immigration benefits and time spent in the United States while certain applications are pending may place you in a period of authorized stay. These include, but are not limited to, a properly filed adjustment of status application, Temporary Protected Status (TPS), deferred enforced departure (DED), asylum, and withholding of removal.

E. Although advance parole may allow you to return to the United States, your departure may trigger the three-or ten-year bar, if you accrued more than 180 days of unlawful presence BEFORE the date you were considered to be in a period of authorized stay.

F. Therefore, if you apply for adjustment of status after you return to the United States, resume an adjustment application that was pending before you left, or return to a status that requires you to establish that you are not inadmissible, you will need to apply for and receive a waiver of inadmissibility before your adjustment application may be approved or your status continued.

G. Generally, only those persons who can establish extreme hardship to their U.S. citizen or lawful permanent resident spouse or parent may apply for the waiver for humanitarian reasons to assure family unity or when it is otherwise in the public interest. (See sections 209(c), 212(a)(9) and 244(c) of the Immigration and Nationality Act for more information on unlawful presence and the available waivers.)

After reading all this, I don't know if my sister should apply or not for advance parole. A little reminder here for those who don't know exactly her situation, she overstayed her B2 for more than 4 years, now just got married to a US citizen. As of right now, she doesn't have plans to travel, but since it's free to apply (filling concurrently) and i think the AP last for a year, why don't do it, right?? (just in case something happens and she has to travel). If she applies for AP and gets approved, do you think is advisable (prudent) for her to leave the country before she gets GC?? for what i read, i don't think so, so she better stays here until she gest her GC. but i would like to hear your opinions.

as always, thanks so much for your replies.

i forgot to mention this part:

B. If you are in the United States and seek advance parole:
1. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons;

so what is all these about???? are they trying to say "do it at your own risk"????

[sweetpiano]

your sister should not leave the US

Given that your sister has overstayed her visa 4 years, if she leaves the US, regardless of whether she has an AP or not, this will trigger a 10 year ban on re-entry. So if your sister has no emergency reasons to leave, stay put.

Starting on April 1, 1997, anyone who stayed continuously in the United States without legal status for more than 180 days but less than 365 days, and then left, cannot return for three years. Worse yet, someone who stayed illegally for a year or more, and then left, cannot come back for ten years.

Apparently the ban could be waived by filing I-601 (Application for a Waiver of Ground of Inadmissibility), as mentioned in the I-131 instructions, letter F. However, if your sister needs to file this waiver at all so they process her AOS given her overtay status, I'm not qualified to say. Maybe a lawyer would know.