kwisking

I married a USC a little over a week ago and I am trying to get everything ready to file I130/I485 in San Diego. I have been in the US (San Diego) for a little over 5 years on an H1B visa. I think I am understanding most of this stuff but I wanted to confirm a couple of things and hear about any experiences with the San Diego office.

So far this is what I understand my Husband needs to file the I-130 and I can file the I-485 at the same time. We should file both forms locally at the office in San Diego in person? I guess that means we both spend most of the morning downtown waiting in line.

Do I need to do the Medical exam before or after I file?

For the Affidavit of Support my Husband makes just over the 125% poverty line so is it best to include my income too. Yes we have been living together for over 6 months. If I do include my income I don't need to fill out a separte I864 for myself right just include my income on the correct line of his form?

Are downloaded forms okay? A friend of mine said some of the forms need to be a specific colour I got the I485 package mailed to me but it didn't include in I131 so I was going to download that one.

Are copies of the Birth Cirtificates etc okay or should we include originals?

Sorry this is so long but I really want to make sure I get things right the first time.

Rete

Downloaded forms are fine. Be sure that you include the right number of copies of the G325A's since they are multiple copy forms with carbon paper between them. And be sure each copy has an original signature. Include the medical with your paperwork.

You don't mention the I-765 for work permission. If you aren't going to be changing jobs that is fine but you might want to have an EAD just in case something bigger or better comes alone.

For the I864 I would suggest only your husband's income (he is the USC right). You have to be living in the household for six months before your income counts. If he can manage it, then go with him alone.

Never give INS an original of anything. Be sure any copies you supply clearly show any and all marks that are placed on the documents by the filing offices.

Good Luck

Rita

Andy Platt

A couple of extra points that Rita didn't cover or I wanted to qualify:

Only one of you needs to be present (probably you but I guess it's OK if it's the US
citizen). Two caveats:

a) You will need the I-864 notarized if the US citizen isn't there to sign it in
front of the INS official (some offices don't allow that anyway)
b) If you are using a personal check, the person who writes the check has to
be present.

If your husband makes over the poverty level I wouldn't bother using your income too.
If you had been married a while and had filed a joint return it would have been
worthwhile not splitting it. By the time the interview comes you can always file an
updated I-864. You are correct about not needing the I-864A in this situation.

Andy.

--
I'm not really here - it's just your warped imagination.

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kwisking

Thanks for the replies, I've scheduled a medical next Tuesday and hopefully I can get everything else together before the 19th.

One more question though, going through all the forms it seems like they want a total of 7 pictures of me and one of the USC my Husband. That seems like alot, am I counting this right. 2 of me with I485, one of me and one of my husband with the I130, 2 of me with the I765 and 2 of me with the I131. Can I reduce this number since I'm filing everything at the same time??

Rete

No reductions allowed. Stupid isn't it. You don't in reality need photos for the I-765 because they will take the photo for the EAD right there when you go in for the EAD. I don't recall but don't you need one for the G325A?

Rita