Adjusting stats and filing I-130 - Mother Inlaw

[Friday7]

My wife and I will be filing the get permanent residence status for my mother in-law, my wife's mother. She is here on a B2 visa now and is getting older and will not work here, also she partially blind.

 

I think I have all the forms for this:

 

I-130 filled out by my wife

I-485 filled in as her mother

I-864 filled in by myself

I-693 filled in by wife

G-325A about her mother

 

The questions that have on the forms are: The I-485 Part 2 I am applying for an adjustment to permanent resident status because: (letter H) Not sure what to put, don't want to get denied.

 

Do we file all the documents at the same time? USCIS does not make it easy to figure out. Any help would be great.

 

Frank & Stephanie

Edited June 6, 2016 by Friday7 (see edit history)

[dnoblett]

Firstly your wife will be filing the I-130 Petition for her mother, not you and as such your wife will have to provide the I-864 as primary sponsor and you can provide an I-864A as a member of your wife's household to add your income to hers.

 

Mother in law will have to do a full medical at a US Civil Surgeon and the doctor will do the I-693

 

G-325A is not needed by the I-130, however one will be needed to be attached to the I-485 with mother in law's info.

 

I-485 question about basis to adjust status is check box A, it is based on the attached I-130 Petition.

 

Yes you file all at same time, however treat the I-130 and I-485 as separate items, do not "share" evidence between them.

 

A good guide: http://www.visajourney.com/content/i130guide2

 

Also you will need to attach your mother in law's "I-94" to the I-485 it is electronic go here and print it out: https://i94.cbp.dhs.gov/I94/consent.html

[Friday7]

dnoblett,

 

Thanks for the information. Sorry ment to say that I have the I-846A filled out(adding my support). I will taking her( Mother In-law ) for the Medical exam tomorrow afternoon. Already printed the I-94 for the I-485.

 

The selection A has me confused for the wording. We are selecting A because we are filing a I-130?

An immigrant petition giving me immediately available immigrant visa number that has been approved.

( Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant

military visa petition filed with this application that will give you an immediately available visa number, if approved.)

I will have all the forms with the required information separated. Do we have to mail all the forms separately?

​

 

Thanks again for the help.

 

Frank & Stephanie

[dnoblett]

Check box "A", "A relative visa petition filed with this application that will give you an immediately available visa number, if approved." that would be the I-130 being filed at same time as the I-485

An immigrant petition giving me immediately available immigrant visa number that has been approved.
( Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant
military visa petition filed with this application that will give you an immediately available visa number, if approved.)

You mail them all together in one package, HOWEVER think of this as an I-130 Petition and a separate I-485 Application, so the package should have this:

I-130 + its supporting documents and Fee bound together as a petition and I-485 + its supporting documents and Fee bound together separate from the I-130, however ship both to USCIS, in same envelope.

 

The whole package is mailed here:

USCIS

PO Box 805887
Chicago, IL 60680-4120

I recommend USPS Priority Mail.

 

https://www.uscis.gov/i-485-addresses

[Friday7]

Thanks for the information.

Just have one more visit back to the doctor tomorrow for the other shots she needs then we will send all the information off.

I will make sure I have two copies of all documents.

[dnoblett]

Also don't forget the G-1145 so you get notifications about status via email.

[newacct]

Also suggest filing I-765 for EAD (work authorization while I-485 is pending) and I-131 for Advance Parole (to allow leaving the US and returningwhile I-485 is pending) at the same time. They are free for I-485 applicants, and there is no downside to applying for them. She will get them within 90 days of applying. You never know when a sudden need for travel or something might arise. She doesn't have to use them if she gets them, but have the option in case she needs to.

[zrenee]

Did you figure what certificate her mother needs when applying? Such as her mother's birth certificate(notarized). I'm not sure if she needs to provide proof of marriage status such as marriage license or divorce paper(notarized).

Any idea?

[dnoblett]

Did you figure what certificate her mother needs when applying? Such as her mother's birth certificate(notarized). I'm not sure if she needs to provide proof of marriage status such as marriage license or divorce paper(notarized).

Any idea?

 

I-130 Package:

 

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.
2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Form I-130: Petition for Alien Relative
4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
5. A copy of petitioner's proof of naturalization. (If applicable)
6. A copy of petitioner's proof of permanent residency. (If applicable)
7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)
8. A certified copy of your certified marriage certificate (again, translated if not in English) (Shows evidence of name change if name changed via marriage)
9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)
10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
11. G-325A filled out by the US Citizen, signed and dated.
12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
13. G-325A filled out by the foreign spouse signed and dated.
14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
15. Evidence of a bonafide marriage (see note below for what to include)

 

I-485 Package:

 

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*.

    

   >> The fee for I-485 applications filed on or after July 30th 2007 includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Form I-485: Petition for Alien Relative
4. Copy of the intending immigrant's Passport (biographical page as well as entry stamps).
5. Electronic I-94 Copy or (for older entries) a copy of the intending immigrant's valid paper I-94 (front and back of form)
6. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)
7. A certified copy of your marriage certificate. (If filing for your spouse)
8. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before)
9. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
11. G-325A for intending immigrant filled out, signed and dated.
12. I-693, Medical Examination of Aliens Seeking Adjustment of Status
13. I-864, Affidavit of Support (see poverty limits here)

     

    >> Include any additional required supporting documentation

14. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

     

    >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.

15. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

     

    >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.

16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
17. I-601, Application for Waiver of Grounds of Excludability**, if applicable

     

    * Fingerprint fee not needed for applicants under 14

     

    ** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consultation with an attorney is recommended.

http://www.visajourney.com/content/i130guide2

 

(Struck out are things not needed for adjustment of status of a non spouse immigrant)

 

G-1145 for electronic notifications of status.

[zrenee]

Thanks. dnoblett. Got it.

[Friday7]

They sent back everything because we had her address in China listed on the I-485 not our address. Just need to re-submitt.

 

Do we need to also add the address to the G-325A?

Edited July 3, 2016 by Friday7 (see edit history)

[dnoblett]

Yes need current address on the G-325A