henryh

Hi all,
I've been in the US on an H-1B work visa for three years. My USC wife and I are about to concurrently file an I-130 and apply for adjustment of status. Here's what we're sending - it may be useful for others, and we'd appreciate any feedback on things missing or unnecessary.

*******************

Dear USCIS,
Please find enclosed a concurrently filed immediate relative petition and application to adjust status for Henry Lastname (alien beneficiary), husband of Allegra Double-barreled (US citizen petitioner).

Contents:

• Check for $1490 to cover filing fees for I-485, I-130 and biometric fee
  
  
• G-1145, e-notification of application/petition acceptance
  
  
• I-130, petition for spouse of US Citizen
  G-325a for Henry Lastname (beneficiary)
  Photograph of Henry Lastname (beneficiary)
  G-325a for Allegra Double-Barreled (US Citizen sponsor)
  Photograph of Allegra Double-Barreled (US Citizen sponsor)
  Proof of sponsor's US Citizenship:
  Copy of Allegra Double-Barreled's US passport
  Copy of Allegra Double-Barreled's US birth certificate (Arizona)
  Proof of family relationship:
  
  Copy of marriage certificate
  Additional supporting evidence of bona fide marital relationship:
  
  Record of 250+ emails
  Record of 500+ phone calls and text messages
  Passport stamp from Allegra's visit to Henry's family in UK
  Six photographs of Allegra and Henry as a couple during dating and from wedding
  Photocopy of engagement card from Henry's parents
  Car insurance certificate (jointly insured at same address)
• I-485, Application to adjust status
  Two photographs of Henry Lastname
  (No criminal history other than minor traffic fines, so no criminal history evidence submitted)
  Copy of U.K. birth certificate
  Copy of I-94 showing entry on April 12th 2012 in H-1B status
  Copy of passport page with H-1B nonimmigrant visa
  Copy of I-797C, approval notice for H-1B petition
  Copy of U.K. passport biographic information page
  Copy of social security card
  Copy of expired J-1 visa and DS-2019 from 2007 showing no 2-year home residence requirement
  
  
• I-693, Report of Medical Examination and Vaccination Record, in sealed envelope
  
  
• I-864EZ, Affidavit of support
  Statement of Earnings from Awesome University showing sponsor's earnings consistent with gross annual income of $27250
  2011 W-2 from sponsor's employer, Awesome University
  2011 Form 1040EZ, sponsor's federal income tax return
  
  
• I-765, Application for Employment Authorization
  Two photographs of Henry Lastname
  Proof of identity: copy of H-1B visa and California driver's license
  
  
• I-131, Application for travel document (advance parole)
  Two photographs of Henry Lastname
  Proof of identity: copy of H-1B visa and California driver's license

Please do not hesitate to contact us if there are any questions.

Yours truly,

Henry Lastname and Allegra Double-Barreled

ian-mstm

I think more parents should give their children great names like this! Alas, such creativity is largely lost these days!


While the dating photos and engagement card show an ongoing relationship, they don't demonstrate an ongoing marital relationship.


You should be prepared to show 3 years' worth of tax returns at your interview. Indeed, some would advise including 3 years' worth of returns with the package.

Otherwise, it seems pretty comprehensive!

Ian

Rete

Just to note, you are NOT AOS from H-1B but AOSing based on marriage to a US Citizen. Big difference. With AOSing based on marriage you will not have to wait for adjustment of status as you would if you applied through your employer for adjustment of status.

jeffreyhy

Wrong and right.

He is adjusting status from H-1B, his current immigration status.

And he is adjusting based on marriage to a US citizen.


Regards, JEff

henryh

The marital relationship is less than a week old, so the evidence of that is limited at the moment, but we will be sure to collect some before the interview.

Thanks - we'll work on getting transcripts for those. I think the earnings statement (similar to a pay stub) from my wife's employer along with the most recent 1090 and W-2 should be convincing enough for now.

Any reference on the need for the 2010 and 2009 returns? Are they commonly requested in the interview appointment letter, or as an RFE? The I-864EZ instructions seem pretty clear that such returns are optional. In our case I expect they would be of limited utility anyway, since they are from when my wife was an undergraduate student and they show less than $5000 gross income.

Jolly good - sent it off USPS priority mail this morning.

Ferrino

Thanks very much for posting this information! I am about to start the same process, so it's nice to see a list of precisely which forms I need to download and complete. I'm a UKC married to a USC and want to adjust status from H1-B also. We just had our 2nd anniversary, so that should make things simpler.

One area I am a little unclear on is the income declared for my USC wife in I-864EZ (Affidavit of support). I am the main earner and she works part-time, so I'm hoping she meets the minimum requirement (we still need to calculate precisely how much she has earned recently, as her workload varies by teaching semester). Out of interest, if she were not to make the minimum requirement, would they consider joint assets like savings etc?

Thanks!

Noorah101

It doesn't make your current AOS any simpler. All it means is that you should get a 10-year green card and won't have to remove conditions in two years.

If using assets, I'm not sure you can still use the EZ form. But in general, on an I-864, joint assets are allowed, yes. The asset value must be 3x what is lacking in income, and must be able to be liquidated within 12 months without hardship to the USC. Cash in the bank works best.

Your income, if you will keep the same job after you become a US PR, can also be counted on the I-864 as a contributing household member.

Rene

jeffreyhy

Indeed it will - no conditional PR status so no removal of conditions 2 years hence. Yes. But she will be using I-864, not I-864EZ. Regards, JEff

Ferrino

Thanks for the speedy replies all! When I said "simpler", I meant that we wouldn't have to go through the process of removing conditions after 2 years.

jeffreyhy

It helps to say what you mean. As you've seen here sometimes people can correctly guess what you mean, sometimes they can't. If you want to keep things simple, don't make people have to guess. When USCIS or consular officers have to guess, it can really screw things up.

Regards, JEff

Ferrino

I'd just like to pop in and say thanks very much to henry for posting this checklist. I used in my application for AOS (through marriage to a USC), which is currently being processed.

I had a quick question. About 2 weeks ago I had my Biometrics appointment, but have not heard any more from the USCIS. I presume I am now just waiting for an appointment for the interview? Thanks.

Noorah101

Correct.

Rene

henryh

You might receive your EAD/AP before you get the interview appointment, or you might not - it's a separate parallel process from the adjustment of status, so the relative timeline isn't fixed. Glad the checklist was useful! I received my green card in August, 123 days after applying.

Ferrino

Thankyou Noorah.

And congratulations Henry :-)