I-485; Parts 5 and 6

[yangxifu]

My husband can't speak/read English so of course I filled out the I-485 for him (along with every other document he ever needed to fill out in English . But now, I'm on the last page and not sure how to proceed with the signing of it.

 

In the past, I've always had him sign the forms after I fill them in.

 

Because of the wording of the I-485 Part 5 I'm not sure if I should do that this time. Although, my husband and I communicate solely in Chinese, I'm not a professional interpreter. I don't consider myself fluent in Chinese, especially as regards a super accurate translation of government documents.

 

Can I just leave all of Part 5 blank and sign my own name in Part 6 as the preparer of the form?

 

What are your recommendations?

[dnoblett]

He is applying to adjust HIS status, HE signs it in part five.

 

No signature and the form WILL be rejected, and sent back to you (RFE)

 

You can indicate that you acted as interpreter, or better yet you should have friends fluent in Chinese, have a third party friend act as interpreter.

 

PART 6 is for a preparer like an immigrations lawyer.

 

Note the only forms you should be signing as sponsor is form I-864 or I-864EZ

Edited April 14, 2010 by dnoblett (see edit history)

[yangxifu]

He is applying to adjust HIS status, HE signs it in part five.

 

No signature and the form WILL be rejected, and sent back to you (RFE)

 

You can indicate that you acted as interpreter, or better yet you should have friends fluent in Chinese, have a third party friend act as interpreter.

 

PART 6 is for a preparer like an immigrations lawyer.

 

Note the only forms you should be signing as sponsor is form I-864 or I-864EZ

 

Thanks for clarifying.

 

Someone else is sponsoring my husband using an I-864 because I just moved to the States with him form China and haven't found a job yet. There income is enough to qualify to support him, but do I still need to fill out an I-864 because I'm the immediate relative spouse?

[dnoblett]

Thanks for clarifying.

 

Someone else is sponsoring my husband using an I-864 because I just moved to the States with him form China and haven't found a job yet. There income is enough to qualify to support him, but do I still need to fill out an I-864 because I'm the immediate relative spouse?

Yep, YOU still need to file an I-864 US Citizen Spouse MUST be primary sponsor, you can use a joint sponsor who will also file an I-864.

 

The person (Petitioner) who filed the I-130 (YOU) that adjustment is based on must also provide an I-864 to sponsor an immigrant.

 

How did you just "Move" to the states? What type of visa is he adjusting from? K-1, Visitor?

 

K-1 AOS requires an I-864 from the person who filed the I-129F (YOU)

B-2 AOS requires an I-130 from you, as well as an I-864 from YOU. Note AOS from a B-2 can be tricky, you may need to prove that immigrations was NOT the intent when "MOVING" to the USA.

K-3 AOS requires an I-864 from the person who filed the I-130 and I-129F again (YOU).

 

A spousal visa holder (CR-1 or IR-1) does not adjust status, the I-864 was needed from petitioner (you) in order to get the visa, and this visa results in a green-card upon entry to the USA.

 

Had to look at past posts to see used a K-3 to enter the USA, so ignore the B-2 AOS.

 

Note: You may want to post a time-line in your signature to give a picture of your situation.

Edited April 14, 2010 by dnoblett (see edit history)