I-130 question for a spouse out of status...
May 2nd 2005, 7:24 pm
#1
Guest
Posts: n/a
I-130 question for a spouse out of status...
I have a question on the I-130 as it relates to someone who is out of status
but living in the US.
I've read the instructions for the I-130 but I'm confused because of the
wording on it. From what I could tell I would need to fill out additional
form(s) besides the standard (I-130, bio, affidavit of support) since she
legally entered the country but over stayed her visitor visa (by more than a
year...)??? Is there a penalty (or as they call it a additional fee...)
because of this? Just confused....
Thanks for your help.
Roger
but living in the US.
I've read the instructions for the I-130 but I'm confused because of the
wording on it. From what I could tell I would need to fill out additional
form(s) besides the standard (I-130, bio, affidavit of support) since she
legally entered the country but over stayed her visitor visa (by more than a
year...)??? Is there a penalty (or as they call it a additional fee...)
because of this? Just confused....
Thanks for your help.
Roger
May 2nd 2005, 8:01 pm
#2
Cool Member
Joined: Jul 2004
Location: Oregon
Posts: 1,084
Re: I-130 question for a spouse out of status...
Originally Posted by 5507
I have a question on the I-130 as it relates to someone who is out of status
but living in the US.
Roger
but living in the US.
Roger
Assembling the I-130 Package: Checklist
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated by a certified translator.):
1. Payment as documented here. Do not read the fee off the form itself, but from the linked html webpage. Use a money order so you can track the payment. If a personal check is allowed, use that instead.
2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Form I-130: Petition for Alien Relative
4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
5. A copy of petitioner's proof of naturalization. (If applicable)
6. A copy of petitioner's proof of permanent residency. (If applicable)
7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)
8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)
9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)
10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
11. G-325A (all four pages) filled out by the US Citizen signed and dated
12. One passport-type photo (see note) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
13. G-325A (all four pages) filled out by the foreign spouse signed and dated
14. One passport-type photo (see note) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated by a certified translator.):
1. Payment as documented here. Do not read the fee off the form itself, but from the linked html webpage. Use a money order so you can track the payment. If a personal check is allowed, use that instead.
2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Form I-130: Petition for Alien Relative
4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
5. A copy of petitioner's proof of naturalization. (If applicable)
6. A copy of petitioner's proof of permanent residency. (If applicable)
7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)
8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)
9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)
10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
11. G-325A (all four pages) filled out by the US Citizen signed and dated
12. One passport-type photo (see note) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
13. G-325A (all four pages) filled out by the foreign spouse signed and dated
14. One passport-type photo (see note) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
Marnee
May 2nd 2005, 9:26 pm
#3
Guest
Posts: n/a
Re: I-130 question for a spouse out of status...
Thank you for the link. It helps to have a check list for everything. I
think where I got confused is the
16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR
245.10
Because she is currently out of status (over stayed her visitor visa)
do I need to fill out the I-485 Supplement A???
"USA & Pakistan" <member26954@british_expats.com> wrote in message
news:[email protected] m...
> > I have a question on the I-130 as it relates to someone who is out of
> > status
> > but living in the US.
> >
> > I've read the instructions for the I-130 but I'm confused because of
> > the
> > wording on it. From what I could tell I would need to fill out
> > additional
> > form(s) besides the standard (I-130, bio, affidavit of support) since
> > she
> > legally entered the country but over stayed her visitor visa (by more
> > than a
> > year...)??? Is there a penalty (or as they call it a additional
> > fee...)
> > because of this? Just confused....
> >
> > Thanks for your help.
> >
> > Roger
> This link is very helpful:
> http://www.visajourney.com/forums/in...?pg=i130guide2
> Good Luck!
> :)Marnee
> --
> Posted via http://britishexpats.com
think where I got confused is the
16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR
245.10
Because she is currently out of status (over stayed her visitor visa)
do I need to fill out the I-485 Supplement A???
"USA & Pakistan" <member26954@british_expats.com> wrote in message
news:[email protected] m...
> > I have a question on the I-130 as it relates to someone who is out of
> > status
> > but living in the US.
> >
> > I've read the instructions for the I-130 but I'm confused because of
> > the
> > wording on it. From what I could tell I would need to fill out
> > additional
> > form(s) besides the standard (I-130, bio, affidavit of support) since
> > she
> > legally entered the country but over stayed her visitor visa (by more
> > than a
> > year...)??? Is there a penalty (or as they call it a additional
> > fee...)
> > because of this? Just confused....
> >
> > Thanks for your help.
> >
> > Roger
> This link is very helpful:
> http://www.visajourney.com/forums/in...?pg=i130guide2
> Good Luck!
> :)Marnee
> --
> Posted via http://britishexpats.com
May 2nd 2005, 10:09 pm
#4
Concierge
Joined: Apr 2001
Posts: 46,406
Re: I-130 question for a spouse out of status...
Originally Posted by 5507
Thank you for the link. It helps to have a check list for everything. I
think where I got confused is the
16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR
245.10
Because she is currently out of status (over stayed her visitor visa)
do I need to fill out the I-485 Supplement A???
think where I got confused is the
16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR
245.10
Because she is currently out of status (over stayed her visitor visa)
do I need to fill out the I-485 Supplement A???
She does not need the I-485A nor does she need the penalty.
You need to file the following forms and file them all to the Chicago lockbox address unless you live in the jurisdiction of Baltimore CIS
I-130, G-325A (2) (1 for you and 1 for you), 1 ADIT photo for each of you, Fee $185
I-485 (filed by Alien Spouse), G0325A (1) (for Foreign Spouse), Fee $315
I-864 Affidavit of Support (completed by USC), No Fee
I-131 Application for Travel Documents (filed by Alien Spouse), Fee #165, Note Persons with 180 days or more or with criminal histories or who entered the US without inspection and are filing for AOS under Section 245(i) should NOT file for Advance Parole or if granted, use it.
I-765 - Application for Employment Authorization (filed by Alien Spouse), Fee $175,
Biometric Fee of $70 for fingerprinting
I-693 Medical, can be submitted at the time of the AOS interview, fee dependent on charge of CIS panel physican.
Hope this helps
May 2nd 2005, 10:10 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,406
Re: I-130 question for a spouse out of status...
Note, 2 ADIT photos for each of the I-765 and I-131 forms.
Originally Posted by Rete
She does not need the I-485A nor does she need the penalty.
You need to file the following forms and file them all to the Chicago lockbox address unless you live in the jurisdiction of Baltimore CIS
I-130, G-325A (2) (1 for you and 1 for you), 1 ADIT photo for each of you, Fee $185
I-485 (filed by Alien Spouse), G0325A (1) (for Foreign Spouse), Fee $315
I-864 Affidavit of Support (completed by USC), No Fee
I-131 Application for Travel Documents (filed by Alien Spouse), Fee #165, Note Persons with 180 days or more or with criminal histories or who entered the US without inspection and are filing for AOS under Section 245(i) should NOT file for Advance Parole or if granted, use it.
I-765 - Application for Employment Authorization (filed by Alien Spouse), Fee $175,
Biometric Fee of $70 for fingerprinting
I-693 Medical, can be submitted at the time of the AOS interview, fee dependent on charge of CIS panel physican.
Hope this helps
You need to file the following forms and file them all to the Chicago lockbox address unless you live in the jurisdiction of Baltimore CIS
I-130, G-325A (2) (1 for you and 1 for you), 1 ADIT photo for each of you, Fee $185
I-485 (filed by Alien Spouse), G0325A (1) (for Foreign Spouse), Fee $315
I-864 Affidavit of Support (completed by USC), No Fee
I-131 Application for Travel Documents (filed by Alien Spouse), Fee #165, Note Persons with 180 days or more or with criminal histories or who entered the US without inspection and are filing for AOS under Section 245(i) should NOT file for Advance Parole or if granted, use it.
I-765 - Application for Employment Authorization (filed by Alien Spouse), Fee $175,
Biometric Fee of $70 for fingerprinting
I-693 Medical, can be submitted at the time of the AOS interview, fee dependent on charge of CIS panel physican.
Hope this helps
May 3rd 2005, 3:24 pm
#6
Guest
Posts: n/a
Re: I-130 question for a spouse out of status...
THANKS!!! I read and re-read the I-485 suplement and didn't really want to
have to pay the additional $1000 if I didn't have to.
Roger
"Rete" <[email protected]> wrote in message
news:[email protected] m...
> > She does not need the I-485A nor does she need the penalty.
> >
> > You need to file the following forms and file them all to the Chicago
> > lockbox address unless you live in the jurisdiction of Baltimore CIS
> >
> > I-130, G-325A (2) (1 for you and 1 for you), 1 ADIT photo for each of
> > you, Fee $185
> >
> > I-485 (filed by Alien Spouse), G0325A (1) (for Foreign Spouse),
> > Fee $315
> >
> > I-864 Affidavit of Support (completed by USC), No Fee
> >
> > I-131 Application for Travel Documents (filed by Alien Spouse), Fee
> > #165, Note Persons with 180 days or more or with criminal histories
> > or who entered the US without inspection and are filing for AOS
> > under Section 245(i) should NOT file for Advance Parole or if
> > granted, use it.
> >
> > I-765 - Application for Employment Authorization (filed by Alien
> > Spouse), Fee $175,
> >
> > Biometric Fee of $70 for fingerprinting
> >
> > I-693 Medical, can be submitted at the time of the AOS interview, fee
> > dependent on charge of CIS panel physican.
> >
> > Hope this helps
> Note, 2 ADIT photos for each of the I-765 and I-131 forms.
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted via http://britishexpats.com
have to pay the additional $1000 if I didn't have to.
Roger
"Rete" <[email protected]> wrote in message
news:[email protected] m...
> > She does not need the I-485A nor does she need the penalty.
> >
> > You need to file the following forms and file them all to the Chicago
> > lockbox address unless you live in the jurisdiction of Baltimore CIS
> >
> > I-130, G-325A (2) (1 for you and 1 for you), 1 ADIT photo for each of
> > you, Fee $185
> >
> > I-485 (filed by Alien Spouse), G0325A (1) (for Foreign Spouse),
> > Fee $315
> >
> > I-864 Affidavit of Support (completed by USC), No Fee
> >
> > I-131 Application for Travel Documents (filed by Alien Spouse), Fee
> > #165, Note Persons with 180 days or more or with criminal histories
> > or who entered the US without inspection and are filing for AOS
> > under Section 245(i) should NOT file for Advance Parole or if
> > granted, use it.
> >
> > I-765 - Application for Employment Authorization (filed by Alien
> > Spouse), Fee $175,
> >
> > Biometric Fee of $70 for fingerprinting
> >
> > I-693 Medical, can be submitted at the time of the AOS interview, fee
> > dependent on charge of CIS panel physican.
> >
> > Hope this helps
> Note, 2 ADIT photos for each of the I-765 and I-131 forms.
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted via http://britishexpats.com
