floody

Hello all

I'm married to a citizen and am applying for a green card through marriage. I have a couple of questions -

1. In the I-485, part 2 which says application type, which one should I choose? I'm on a F-1 visa and married my wife while in school. Option (b) seems to me to be the closest, but that's for fiance visas.

2. With the I-130, does my wife have to include a certified/original copy of her birth certificate, or will a photocopy suffice?

Thanks

floody

Noorah101

Choose "A".

A photocopy is fine. Bring the original to the interview.

Rene

floody

Thank you Rene. Another question - Is a photocopy of our marriage license OK too, or does it have to be a certified copy?

Noorah101

A photocopy of that is OK for filing the AOS. Again, bring the original to the interview.

Rene

meauxna

A good rule of thumb for everyone:

All FORMS must be originals with original signatures.

All EVIDENCE can be photocopies (originals must go to the interview).

floody

Thank you meauxna.

I have another problem. The I-130 requires copies of the federal tax returns from the most recent 3 years, but right now we only have copies for the last 2 years. I have requested copies from the IRS, but I know that sometimes it takes more than the allowed 2 weeks for delivery.

Is it OK to go ahead and file the form with tax returns from only 2 years? The reason I ask is that I want to file the paperwork soon so that I can get a work permit for my new job ... I don't want to delay the application any longer. That way I can send the other tax return to them when I get it.

So can I go ahead, or is it better to wait?

floody

Noorah101

Is it the I-130 which required 3 years of tax returns, or is it the I-864? If it's the I-864, and you are filing AOS from within the USA, I believe only 1 year of tax returns is required.

You can send in what you have for now, if you wish, and if USCIS needs the 3rd year of tax returns, they will send you an RFE to request it. You cannot send in the missing tax return on your own, as there is no way for them to match it up to your file, until they actually request it.

Keep in mind that USCIS will not consider the application complete until they have ALL the required documents, so if they send you an RFE for the missing tax return, your package won't actually be accepted as complete until they receive that back from you.

My personal opinion is to wait for all the documents that are required, and then send it all in together.

Best Wishes,
Rene