Jasskatten

Posted here two weeks ago with my almost final application for adjustment for status. I am here on a L1-visa and married my wife who is a US citizen. Now I gotten through I-864 too, so here is what I am planning on sending in to USCIS, the Chicago lockbox, hopefully this weekend. Just going to through it and put N/A and none where suitable, since Acrobat reader wouldn't allow me to do that even though it says in the instructions to do it Then we'll sign it, photocopy it, and send the original to the Chicago lockbox.

Figured a list like this could be useful both for me to get feedback, and for others doing the same thing. British Expats was very helpful to me when I started this journey, so I hoped a list like this would be helpful to some people. Hopefully I got the formatting right this time

While I checked everything, I did still come upon some things that are not entirely clear to me:
In the 1-130, Part2, item 37, it asks if my wife's citizenship acquired through birth in US or through US parents. Well, she was born to American parents in USA, so what should you put down? We put down birth in the US.
In I-130, Part 4, 61a, it asks which USCIS office we apply at. Since we are sending it to Chicago, I put down Chicago. Or should you give the closest USCIS office to where we live?

I-130 application:

Check for 535$ payable to U.S. Department of Homeland Security
Form G-1145
Content sheet
Form I-130
Attachments:
Two passport style photos of my wife
Two passport style photos of me
Birth Certificate of my wife (copy)
Our marriage certificate (copy)
Signed pages of our joint lease of apartment (copy)
Summary of joint checking account
Member ID of joint health insurance
Plane ticket for my trip to USA when we met
Confirmation mail of bike tour we did together
Airplane tickets from various trips we have taken together
Health insurance for my wife's two month visit to me
Photos of us together and with friend and family, including wedding (wrote on back of photos what the occasions were).
Form I-130A

And the I-485 application
Check for 1225$ payable to U.S. Department of Homeland Security
Form G-1145
Content sheet
Form I-485
Attachments:
Two passport style photos of me
Passport identity page for me (copy)
Birth certificate for me
Passport page with L1-visa and latest entry stamp (copy)
Latest I-94 for me (printout)
Form I-693
Form I-765
Attachments:
Two passport style photos of me
Latest I-94 for me (printout)
Passport identity page of me (copy)
Form I-131
Attachments:Two passport style photos of me
Passport page with L1-visa and latest entry stamp (copy)
Passport identity page of me (copy)
I-864
Attachments:
Transcript from IRS of wifes most recent tax return
Letter from my manager with my position and salary
Wife’s birth certificate
Wife’s employment contract from new job, showing new salary
Tax assessment for 2017 from Swedish Tax Agency (in English)

Have I missed anything?

Rete

Since the forms are separated once they are accepted and farmed out to the appropriate departments for adjudication, add a copy of the completed I-485 to both the I-765 and I-131. Doesn't hurt ... a no harm; no foul situation.

On the I-864, has she started work or waiting to start work? If working already, have her include a few paystubs to the evidence. The same goes for you. Include some of your current paystubs, as well.

As further evidence for the I-485, include any documentation that shows the either of you is the beneficiary to company offered benefits, i.e. healthcare (if appropriate), life insurance, 401K retirement plan. You should also copy the evidence you are submitting with the I-130 ... only that which is pertinent to your validity marriage, not your courtship as this is not for the K-1 visa nor are they asking for evidence of your relationship prior to marriage, leave what you have but add to it. While the I-130 and I-485 will be adjudicated together, on the off chance they are separated, you want each packet to have the evidence attached.

Jasskatten

Thanks Rete!

I will definitely add the pay stubs to I-864.

I am not sure if adding the extra evidence to I-485 is a good idea though? I did read the advice at some point to not send in eveidence not asked for, since that might just be confusing for the officer handling your case. The instructions for I-485 asks for a marriage certificate and also says:

"If a required marriage certificate (or divorce certificate or death certificate) is unavailable or does not exist, you must demonstrate its unavailability/nonexistence and provide other acceptable evidence as explained above for birth certificates."

Rereading the instruction now I realize that I don´t even have to send in a copy of the marriage certificate, I think I misread the instructions. It says that derivative applicant spouse of the primary applicant must send in a copy of the marriage certificate, I think I read it as derivative applicant spouse OR the primary applicant...

Rete

Then by all means, do not include anything further.

This is from the wiki on the I-485:

Evidence of relationship for the I-485:

• copy of CERTIFIED marriage certificate
• wedding photos - OPTIONAL
• wedding cards - OPTIONAL
• letters from family/friends - OPTIONAL
• joint bank accounts
• joint phone plan
• joint car insurance/title/registration
• house bills
• statement of beneficiaries for medical insurance/401K/IRA/life insurance, etc

While it is the AOS after marriage on a K-1, it is still the same form and the above list has been used for evidence for over 20 years. Of course, you will always bring it to the interview where you will most definitely have to provide the validity and continuing status of your marriage.

Best of luck to you and the Mrs.

S Folinsky

A person born in the US and subject to the jurisdiction thereof is a citizen at birth.

Jasskatten

Thanks Folinsky! So my wife will check the box "My citizenship was acquired through birth in the USA" , and not "My citizenship was acquired through parents".

Jasskatten

Thanks for the help Rete! Even though it is the same form, it does not require the same information though. Since you are not sending in I-129 at the same time as I-485 when doing AOS after marriage on a K-1, you need to supply evidence of your marriage with the I-485. In my case I am sending in that with the I-130, and I don't really see the use of sending it with I-485 too, since if USCIS lose/separate the I-130, they can't approve the I-485 anyway, since the I-130 needs to be approved for I-485 to be even adjudicated, right? And if the I-130 is approved, they know I am married.

BTW,I changed my answer for where I am applying from Chicago IL to the USCIS office that has jurisdiction over where I live, after reading on Immihelp that is what you should do. I know Immihelp doesn't have the best reputation on British Expats but that was the only place on internet that I found that has actually answered that question. so what are you supposed to do other than hope this is the correct answer... I figured that Chicago IL wouldn't be the right answer anyways, since it would be no use to USCIS to have that info since I am sending it there anyways. The people handling the application hopefully already knows the are in Chicago A lot of people asking the question on internet though, but no answers...

Also realized I missed a document in my lists of documents, my wife's and my lease for I-864, to show we live together to be able to use my income.

After brooding on this another weekend I figured I am sending it in now. Just got to figure out where I can copy the application. More brooding won't help at this point

Rete

Why do you think you need a copy of your lease for the Affidavit of Support (I-864)? And the I-129 is for the K-1 Fiancee Visa and not adjusting status. My advice was to make separate packages and duplicate evidence because the packages can be separated and you will receive a RFE if they "lost" the evidence. Therefore, if the evidence is included with the I-130 and again with the I-485 you are safeguarding yourself from a possible RFE.

No, the I-485 and the I-130 will be approved CONCURRENTLY at the time of the interview at the USCIS field office. They are NOT approved separately.

Jasskatten

Oops, seems I misread the instructions last night. It is intending immigrants who is NOT the sponsors spouse who must show they live together. That makes more sense... Thanks Rete.

Absolutely I will supply the evidence for each application. I thought you meant I should copy all the evidence for I-130 to the I-485.