Alect

I am an Australian citizen. I have lived in US for 3 years on H1B. In
Jan 2004 I am marrying a US citizen and will be applying for a Green
Card. I just wanted to make sure I have the process and requirements
correct.

Once we get a certified marriage certificate back from LA County:

- my wife lodges I-130 to petition me (with $130 heck for filing fee)
together with supporting document :- certified copy of my birth
certificate (with translation as it is in russian); certified copy of
marriage certificate; one ADIT style photo of each of us; copy of
wife's passport ????
- I lodge I-485 for AOS of permanent resident (with $255 check for
filing fee) together with supporting documents (same as above except 2
photos of me and not of my wife)
- I-864 Affidavit of Support, signed and notarized along with tax
records and stubs
- $50 fee for fingerprinting by FBI
- G325a - biographical information - one for me one for her


Questions re above:
- i understand that birth certificate translation need not be
certified but only by person fluent in both languages who swears an
affidavit to that affect and that the translation is accurate?
- If my wife is a US citizen do we need to lodge a copy of her
passport? ie she is not naturalized - was born here
- re Affidavit of Support - if her financial means are not great, can
mine be included in the calculations? What if we bought a house
(actually I bought in my name but given CA law, once married it is
community property)?
- To confirm, since I am on H1B valid until end of 2004 (and
extendable for further 2 years) I will not be lodging I-765 for EAD -
I will remain in H1B status until I485 is approved. Correct?
- To confirm, also since I will remain in H1B status, I am not lodging
I-131 application for Parole and plan on travelling on my H1B valid
visa. Correct?

All the above is lodged with CA service center?

After it is lodged we wait for notificaiton of interview date, which
seems to usually take 9-12 months. In the meantime I will have to
take a medical.

Anything I am missing. Anything I have wrong/incorrect?

Thanks

P.S. I am looking for assistance here as our case is simple and
uncontroversial and I do not intend on using a lawyer for the process.

Folinskyinla

Hi:

Yes, your case is simple and uncontroversial -- and there are lots of things wrong in how you plan to proceed.

You may want to consult with the Los Angeles County Bar Immigration Legal Assistance Clinic at 300 North Los Angeles Street, 3rd Floor. Their fees are quite nominal and they will be able to answer your questions quite easily. They are open 8-12 and 1:30-3 every day on a walk-in basis.

On the "community property" aspects -- that is quite different. Your house does NOT become "community property" -- but since the payments on the Deed of Trust will most likely be from Community Funds, portions of the house will become Community.

Alect

Folinskyinla <member4043@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Alect
    >
    > > I am an Australian citizen. I have lived in US for 3 years on H1B. In
    >
    > > Jan 2004 I am marrying a US citizen and will be applying for a Green
    >
    > > Card. I just wanted to make sure I have the process and requirements
    >
    > > correct.
    >
    > >
    >
    > > Once we get a certified marriage certificate back from LA County:
    >
    > >
    >
    > > - my wife lodges I-130 to petition me (with $130 heck for filing fee)
    >
    > > together with supporting document :- certified copy of my birth
    >
    > > certificate (with translation as it is in russian); certified copy of
    >
    > > marriage certificate; one ADIT style photo of each of us; copy of
    >
    > > wife's passport ????
    >
    > > - I lodge I-485 for AOS of permanent resident (with $255 check for
    >
    > > filing fee) together with supporting documents (same as above except 2
    >
    > > photos of me and not of my wife)
    >
    > > - I-864 Affidavit of Support, signed and notarized along with tax
    >
    > > records and stubs
    >
    > > - $50 fee for fingerprinting by FBI
    >
    > > - G325a - biographical information - one for me one for her
    >
    > >
    >
    > >
    >
    > > Questions re above:
    >
    > > - i understand that birth certificate translation need not be
    >
    > > certified but only by person fluent in both languages who swears an
    >
    > > affidavit to that affect and that the translation is accurate?
    >
    > > - If my wife is a US citizen do we need to lodge a copy of her
    >
    > > passport? ie she is not naturalized - was born here
    >
    > > - re Affidavit of Support - if her financial means are not great, can
    >
    > > mine be included in the calculations? What if we bought a house
    >
    > > (actually I bought in my name but given CA law, once married it is
    >
    > > community property)?
    >
    > > - To confirm, since I am on H1B valid until end of 2004 (and
    >
    > > extendable for further 2 years) I will not be lodging I-765 for EAD -
    >
    > > I will remain in H1B status until I485 is approved. Correct?
    >
    > > - To confirm, also since I will remain in H1B status, I am not lodging
    >
    > > I-131 application for Parole and plan on travelling on my H1B valid
    >
    > > visa. Correct?
    >
    > >
    >
    > > All the above is lodged with CA service center?
    >
    > >
    >
    > > After it is lodged we wait for notificaiton of interview date, which
    >
    > > seems to usually take 9-12 months. In the meantime I will have to
    >
    > > take a medical.
    >
    > >
    >
    > > Anything I am missing. Anything I have wrong/incorrect?
    >
    > >
    >
    > > Thanks
    >
    > >
    >
    > > P.S. I am looking for assistance here as our case is simple and
    >
    > > uncontroversial and I do not intend on using a lawyer for the process.
    > >
    >
    >
    >
    > Hi:
    >
    >
    >
    > Yes, your case is simple and uncontroversial -- and there are lots of
    > things wrong in how you plan to proceed.
    >
    >
    >
    > You may want to consult with the Los Angeles County Bar Immigration
    > Legal Assistance Clinic at 300 North Los Angeles Street, 3rd Floor.
    > Their fees are quite nominal and they will be able to answer your
    > questions quite easily. They are open 8-12 and 1:30-3 every day on a
    > walk-in basis.
    >
    >
    >
    > On the "community property" aspects -- that is quite different. Your
    > house does NOT become "community property" -- but since the payments on
    > the Deed of Trust will most likely be from Community Funds, portions of
    > the house will become Community.

Upon further research I found the relevant provisions on the USCIS
site - ie in calculating income/assets for I864, total household
income is taken, including that of the immigrant being petitioned for.
That was my biggest query.

As to "lots of things wrong in how you plan to proceed" - do you care
to elborate. All the information I put down comes from this usenet
group. I am simply asking for confirmation. If I have something
wrong please point it out and then I am more than happy to seek legal
advice as suggested.