Andrew N

For anybody interested, here is my table of contents page for my green card application. (Joint Petition and Adjustment of Status application, Travel Document and Employment Authorisation). I am currently married, living with my spouse in the US, and working on an E-3 Visa. I have joint UK/Australian citizenship. Hope this helps someone, or if anyone spots anything wrong please tell me!

-----------------------
Immediate Relative (Spouse) Family Based Adjustment of Status (I-485) with a concurrent filing of I-130, I-765 and I-131

Major contents:
Package 1 I-130 and supporting documents
Package 2 I-485 and supporting documents
Package 3 I-765 and supporting documents
Package 4 I-131 and supporting documents

1.1 Package 1 Table of Contents
1.2 Check for $355 made out to US Department of Homeland Security Attached with Paper Clip
1.3 Form I-130 Petition for Alien Relative
1.4 Copy of Sponsoring Citizen’s US Birth Certificate
1.5 Copy of Sponsoring Citizen’s US Passport
1.6 Certified Copy of Our US Marriage Certificate
1.7 Copy of UK Marriage Certificate
1.8 Form G-325A Biographic Information for Sponsoring Citizen with 1 Passport Photo Attached
1.9 Form G-325A Biographic Information for Intending Immigrant with 1 Passport Photo Attached
1.10 Copy of Intending Immigrant’s Birth Certificate
1.11 Copy of Intending Immigrant’s Australian Passport
1.12 Copy of Intending Immigrant’s Current E-3 Visa
1.13 Evidence of Bona Fide Marriage: Copy of 2009 Joint House Lease Agreements
1.14 Evidence of Bona Fide Marriage: Copy of Sponsoring Citizen’s UK Marriage Visa
1.15 Evidence of Bona Fide Marriage: Wedding Photos
1.16 Evidence of Bona Fide Marriage: Copy of Affidavit from Michael CETARUK (Immigrant’s Colleague)
1.17 Evidence of Bona Fide Marriage: Copy of Affidavit from Austin BOYD (Best Man of the Immigrant)
1.18 Evidence of Bona Fide Marriage: Joint Health and Dental Insurance Coverage
1.19 Evidence of Bona Fide Marriage: Recent Shared Mobile Phone Plan

2.1 Package 2 Table of Contents
2.2 Check for $1010 made out to US Department of Homeland Security attached with paper clip
2.3 Form I-485: Application to Register Permanent Status or Adjust Status
2.4 Copy of Intending immigrant’s Passport Showing All US Stamps and US Visas (Part 1)
2.5 Copy of Intending immigrant’s Passport Showing All US Stamps and US Visas (Part 2)
2.6 Copy of Intending immigrant’s I-94 (Front and Back Side)
2.7 Copy of Intending Immigrant’s Birth Certificate
2.8 Certified Copy of US Marriage Certificate
2.9 Copy of UK Marriage Certificate
2.10 Form G-325A Biographic Information for intending Immigrant with 2 Passport Photos Attached
2.11 I-693 Report of Medical Examination and Vaccinations (Sealed)
2.12 I-864 Affidavit of Support
2.13 Affidavit of Support: Supporting Statement
2.14 Affidavit of Support: 2008, 2007, & 2006 Tax Returns
2.15 Affidavit of Support: 2008, 2007, and 2006 Schedule K-1’s

3.1 Package 3 Table of Contents
3.2 I-765 Application for Employment Authorization with 2 Passport Photos Attached
3.3 Copy of Intending immigrant’s Australian Passport
3.4 Copy of Intending immigrant’s E-3 Visas

4.1 Package 4 Table of Contents
4.2 Form I-131: Application for Travel Document with 2 Passport Photos Attached
4.3 Copy of Intending Immigrant’s US Driver’s Licence
4.4 Copy of Intending immigrant’s E-3 Visas
4.5 I-131 Supporting Letter

Folinskyinla

Hi:

This can actually confuse people. For example, a reader might get the idea that two, rather than one G-325A was submitted for the alien spouse. Or that multiple copies of the marriage certificate were submitted.

I was also struck by marriage certificates from both UK and US. And again, the TOC would suggest to people that you submitted multiple, rather than one copy of each. The two "marriages" might be confusing.

Finally, I would call this a checklist rather than a "Table of Contents." The TOC title seems to suggest that you actually submitted these TOC's to CIS.

Good luck.

ian-mstm

I wouldn't bother. They're going to toss it in the garbage anyway... and, as Mr. F. points out - much of it is confusing.

Ian

Andrew N

Two G-325A's for the alien spouse ARE being submitted, 1 for the I-130, and once for I-485 (making 3 G-325A's in total when you include the immigrant's). I understand this to be the requirement for everybody. Perhaps I am missing something as I don't see how this is confusing?

I was married in the UK however the marriage certificate is not recognised in Texas, so we had to complete a "Declaration of Informal Marriage". I included them both for completeness.

And yes it is a checklist. If they toss it they can, however for such a cumbersome and large application it is essential. I thought it was helpful to share.

Folinskyinla

Hi:

You raise a BIG issue -- are you legally married or not?

Also, you are filing a "combined processing" package which is going to ONE file at ONE time. So, you don't need three G-325A's, you just need one for each of you.

Do note that no matter how your organize things, CIS will set up the file THEIR way. My practice has been to put in each official form "naked" except for the I-864 which has the financial stuff attached. I then set up individual documents and use a colored marker [usually orange] for things like "Petitioner's Proof of Citizenship" "Beneficiary's Birth Certificate" "Proof Lawful Admission" "Proof of Relationship" etc etc

BTW, proof of relationship is optional -- and don't feel compelled to overdo it. Many people miss the fact the affidavits are but an example of proof of relationship. Although useful at times, they are generally weakest form of evidence.

General point -- it will come down to ONE CIS examiner looking through your file and the appropriate checklists. The idea is to make THEIR job easier so they can say "yes." To the extent you can, do not make them look through a thick file to find things.

Good luck.

Andrew N

Yes we were legally married in the UK. Texas does not recognize a UK marriage certificate though, hence the "declaration of informal marriage" that my wife needed to change her name.

You say that my application is going into one file. I understood that different people may look at the different submissions, hence the duplicated G-325A's. Also I noticed that the I-130 needs one passport photo with the G-325A, and the I-485 needs two. I'd rather err on the side of caution here.

Thanks for your comments!

jeffreyhy

A N,

Note that you are not applying to the state of Texas. Immigration is a federal activity.

Regards, JEff

Folinskyinla

Hi:

The mother of a dear friend is in Dallas in the hospital and we converse every day to keep her spirits up. I asked about Texas law on marriage. She was puzzled on why the UK marriage was not recognized, but the question became moot with that joint Texas declaration.

This may raise a question if you have been married more than two years which will determine whether your adjustment is conditional or not.

Keep the above in mind when asserting what is the date of your marriage. You may want to get legal advice on that one. As a general rule, the question is whether or not the UK recognizes that marriage. Although "full faith and credit" does not apply, "comity" does.

On the pics -- give them a ton, they will throw out what they don't need. The weird part is that I-485 pics are no longer necessary under the present electronic biometrics capture process.

Good luck.

Folinskyinla

Hi:

Validity of marriage is determined by local law. The conflicts choice of law rule for validity of marriage is "place of celebration."

jeffreyhy

MrF,

Agreed, I should have stated it to point out that the 'place of celebration' was not Texas.

Regards, JEff

Folinskyinla

Hi:

We don't have all the facts. OP indicates that there are two "places of celebration." I have not seen any indication of why the UK marriage was invalid under UK law. All that OP has bothered to give us was a conclusion that Texas won't recognize it. He gives no basis for that little conclusion. And that question is now moot as far as Texas is concerned if it was an issue in the first place.

Based only on OP's statements and not having seen any of the paperwork, I simply have a question in my mind whether or not he should put in that Texas declaration. It may very well be a mistake. Hell, its OP life, not ours.

But I don't know.

meauxna

How are you deciding which is your date of marriage? Different immigration consequences for the choice.

You didn't come back to the thread, but you should make sure you are settled on this before you submit.

Your checklist IS helpful. Most people post them to find out if there are any errors or omissions.

Andrew N

Thanks for the comments all. I don't quite understand the condescending and aggressive nature of some comments such as "All that OP has bothered to give us was a conclusion that Texas won't recognize it. He gives no basis for that little conclusion."

Wow - give me a chance.

Our marriage took place in the UK on July 4th 2009. It is legally recognized there, and we have the UK marriage certificate.

On returning to Texas after our honeymoon my wife found that the state of Texas does not recognize foreign marriage certificates for the purpose of changing her name on her passport. Hence the "Declaration of Informal Marriage" that we were compelled to do.

The Declaration states: "On or about 4th July 2009 we agreed to be married, and after that date we lived together as husband and wife."

So there is no discrepancy in the dates.

I can see no harm in including both documents, even if the US document is counted as more evidence of a bona fide marriage.

Thanks,

Andrew N

Noorah101

This is the only marriage certificate I would include with your AOS.

I wouldn't include this document, since its purpose was only for the sake of changing her name on her passport - that really doesn't have anything to do with your AOS.

I personally see problems with this. 1) There IS a discrepancy in the dates, since the Texas document does not give one specific date (it says on or about); 2) It says that is the date you agreed to be married (not the date of the actual marriage - you can agree to be married months before the actual marriage takes place); and 3) The Texas document is called Declaration of Informal Marriage....are they referring to the UK marriage being informal? Or your appearance at the passport office was considered an informal marriage? Why raise these kinds of questions if you don't need to. You want USCIS to know that the UK marriage IS the one and only formal marriage.

As a layman, I can see a bit of harm in sending both documents....I would only send the UK official marriage certificate with the actual date of marriage on it. I would not send the Texas one at all. Why raise questions for USCIS when you dont' need to. I'd send just the UK document, and if USCIS for some reason does not accept it, then they will ask for something to support it, and at that time you can send the Texas document. But my guess is that USCIS will honor your UK marriage certificate.

Rene

Folinskyinla

Hi Andrew:

I am puzzled why you think I was "condescending and aggressive" towards jeffehry. I really do believe that it would be for him to complain about our discussion.

That said, I can see that you are new to the United States and don't quite have the terminology down yet. I have the same problem when I visit the UK. In particular, Brits have trouble internalizing the fact that the U.S. has a Federal system of government. This has caused some misunderstandings here. This happens and is nothing to get upset about.

But you have now clarified matters quite a bit.

As part of the federal system -- Passports are in the exclusive jurisdiction of the Department of State of the Federal Government. The State of Texas has nothing to do with that. However, it is the states that have jurisdiction over marriage and divorce.

The Texas declaration is a marriage if one has been living as a married couple but never had a legal marriage. In your case, that Texas declaration is a "superfluity" with no real meaning. However, it made the Passport Office happy, so it served its purpose. [BTW, the Passport people happen to have been wrong. Don't assume the people manning those counters knowing what they are doing. If they make a mistake, it is your problem. The Supreme Court has said so.]

So, in your case, the evidence of the marriage is the UK certificate and that is the date of the marriage. If the UK marriage had not been valid, the date of the actual marriage would have been the date of the certificate.

Let me put it this way -- through no real fault of your own, you managed to confuse the other posters here. CIS officers tend to confuse easily. Don't confuse them -- your may very well want to leave that Texas certificate out of that packet.

Good luck.