E2 --> GC Through Marriage
 

Hi All,

My US Citizen girlfriend and I got married on the weekend, simple thing with a few friends, our main celebration will be towards the Fall when I can get all my family over for it. I am currently here on an E2 Visa (although currently going through a transfer from the original sponsor to a new company).

I just wanted to check the forms i am completing is correct and im not missing anything;

Me - UK Citizen:
Form i-485 - Hard Copy

1. Part 2.2 Are you applying for adjustment based on the Immigration & Nationality Act Section 245(i) - I assume this is No? I thought this was a Yes but I cannot see which of Part 2 of that form applies to me?

Form i-485a - If the above is a YES
Form i-693
Copy of Birth Certificate
Copy of Passport and E2 Visa Stamp
Copy of i-94
Copy of admission stamp
Copy of marriage certificate
Form i-131 - Hard Copy

1. + Two passport photos
2. + Copy of passport
3. + Copy of i-94

Form i-765 - Online Submission (or is it best to use a hard copy and submit all 3 together?)

1. + Two passport photos
2. + copy of my passport
3. + copy of my i-94

Wife - US Citizen:
Form i-130 - Online Submission
Form i-864 - Hard Copy
Copy of her passport
Marriage Certificate
Copy of her Birth Certificate
Copy of my Birth Certificate
Two Passport Photos of her
Two Passport Photos of me
Evidence of Termination of Previous Marriage
Evidence of bona fide, good faith marriage - If im interpreting this correctly is proof that we are in a relationship? I can show our joint bank account, photos of us together, receipt for her ring, proof of travelling together etc. Technically we do not live together, but we are house hunting at the moment so when we find a place and complete the purchase, can we add that at a later date? Failing that, I can put her on the deeds to my current house. She has a few months left on her apartment lease, which is the reason we dont technically live together. Anything else we should provide?

As always, thanks so much in advance for your invaluable help. I will probably run it all by my companies lawyer prior to submission, but want to get everything in line first.

Re: E2 --> GC Through Marriage
 

For your information, Here is a June 2018 memorandum on 245(i).

Re: E2 --> GC Through Marriage
 

USC's most recent 3 years of federal tax returns or tax transcripts.

Rene

Re: E2 --> GC Through Marriage
 

245(i) is only available to people who were the beneficiary of an immigrant petition filed before 2001, and it allows them to do AOS even if they are not otherwise able to due to entering illegally or being out of status. 1) You are not eligible for it because you were not the beneficiary of an immigrant petition filed before 2001, and 2) you do not need it because you are already eligible for AOS.

I-864 is part of the I-485 package. I-864 needs a copy of the petitioner's most recent year's tax returns (3 years is optional), and recent pay stubs proving current income.

Re: E2 --> GC Through Marriage
 

I’m also on E2 and have looked into this (AOS via marriage), so pretty sure you need to also submit form I-508, to waive some of the rights/privileges of E2 status? - https://www.uscis.gov/i-508

There may be someone else who is more of an expert than me however

Re: E2 --> GC Through Marriage
 

Thanks for the replies.

Having consulted with my current employer they are allowing me to use their legal team to assist with the filing, thankfully! Onomatopeia - I will post back here when I find out about the I-508

Re: E2 --> GC Through Marriage
 

LOL at an amusing memory. Back in the day, pre-web, the former INS would provide pre-printed forms. Often, they were colored, with G-325 and G-325A being multicolored carbon packs (a bitch to correct, but I digress).

The I-508 was a index-card size form. One big problem - NO ONE had one. They were unavailable. Required but unavailable. So, the problem was solved one of two ways. First, the requirement was often ignored under the rubric of quote harmless error unquote. Or, the interviewing officer would pull out of her desk a poor photocopy of a photocopy of a photocopy to complete at the time of the interview. BTW it was a 20 year old version.

So, I am now amused the form has been updated and is available.