Request for Help

[A Mafan]

Okay, we're married.

Now it's time to adjust status and get the "green card".

I've read through USCIS page a number of times, and it's just not sinking in. Plus, I still have a few questions they don't address at all.

Plus alot of the rules seemed to have changed relatively recently (like just sending stuff to California starting in May 05), so there is a great deal of misinformation out there on non-updated websites.

Can someone point me to a website that spells out exactly what you send, where, and why?

 

Specific questions:

They ask for a G-325A (biographical data) and I-134 (affidavit of support).

Should these be the exact same ones we turned in for the engagement visa? I can make a good argument either way:

No, because all the data is the same, with the only changes being she is now my wife and took my last name, and now has a temporary Social Security ID and a visa number. Those changes are addressed by including the marriage certificate and the visa as evidence.

Yes, because she now has a new name, her status has changed, and she has a temporary SSID and a visa number.

 

My wife isn't looking for a job for at least a year. I don't need to request the right to work, right?

 

We are planning on going back to China for the Lunar New Year (end of January). Should she fill out the Advanced Parole form now? Or wait until she has the conditional green card and then apply for re-entry permit? Or is applying for re-entry for totally different reasons?

 

I didn't see much in the links about this...maybe I'm not looking in the right places?

[tywy_99]

USCIS

 

I guess you're K1.

To adjust status, an I-485 needs to be submitted along with the documents that is requested for in the instructions. Also, an I-864 needs to be done and sent along with the I-485. A G-325A is needed but not an I-134; only the I-864. They should be filled out with the up-to-date information.

 

Usually, for K1, along with the I-485, an I-765 for the EAD card (employment), and the I-131 travel application is filed. I would file all of them just in case they are needed. It could take some time to get the green card.

[david_dawei]

AOS/EAD Ingredients:

http://candleforlove.com/forums/index.php?showtopic=20164

 

Also see the AOS FAQ in Links & Resources, pinned topic with timelines, forms, FAQ...

 

 

You need to figure out how long the AOS,EAD,AP takes for your area to decide whether to file for EAD and/or AP...

 

But use all new forms.. don't recycle from earlier submissions...

[Randy W]

I would say definitely file the AP now (with the AOS), to make sure you have it for the trip. We had our AOS interview in June, and are still awaiting the FBI background check. I think that's happened to a few others as well.

 

If you file the EAD now, it would need to be renewed in a year, if you still don't have the green card. I suppose you could wait 9 months, and then file the EAD. Maybe someone else might have an idea about how well that would work.

 

Bottom line, don't count on getting the green card by a needed date.

[A Mafan]

Roger that. Exacty what I needed.

Thanks for the rapid/useful replies.

[tywy_99]

I still say do it all at one time. Go for the gusto!

Don't count on any calculated moves because, as sure as the sun rises, they will fall apart.

 

One other moral: "It's better to be safe than sorry."

 

-good luck

[LeeFisher3]

You asked about the G-325a and I-134.

 

The G-325a you initially filed is not correct, in your attempt to get the paperwork done you seem to have overlooked that your fianc¨¦e is no longer your fianc¨¦e and she now lives in the US.

 

An the I-864 is the Affidavit of support you need, if using income alone try using the I-864EZ as it doesn't require an employment letter.

 

 

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