Help with filling I-485, I-130, I-864

[Azaliya]

Hello!

I got to the US with B-2 visa, and I got married here. However, we started preparing documents too late, and my I-94 expires in 2 days, which means I'm going to stay illegally. Please, help me! Does it mean that my I-485 can be denied? With this I have several questions, regarding filling in this form.

1. In part 1 question 23 c. I cannot put numbers. My class of admission is B2, and the program PDF doesn't allow me to put numbers in this space.

2. In part 1 question 24. if I'm applying after my I-94 expired, which means I overstayed, what should I put: B2 or overstay?

3. In part 2 and 3 where is the info about addresses and employment should I mention addresses and employments while being Work and Travel student and having J1 visa? Or it's unnecessary since it was part-time?

4. In part 6 about children. My husband has 2 kids and they all live indiferent states and not with us. Should I still mention them or not?

5. In part 8 in uestion 18. Have you ever violated the term or conditions of your nonimmigrant status? Should I put "Yes" or "No" since I will be overstaying my visa? If I say "Yes" does it mean that my application falls under inadmissable and there's a high chance that my form will not be accepted?

I would really appreciate for any information provided!!! I know that probably here a lot of people had the same uestion while applying and they have already got there visas. So, please, help me!

[newacct]

I got to the US with B-2 visa, and I got married here. However, we started preparing documents too late, and my I-94 expires in 2 days, which means I'm going to stay illegally. Please, help me! Does it mean that my I-485 can be denied?

Your spouse is a US citizen, right? No, it won't affect your I-485. Whether you are out of status is irrelevant for your AOS as you are in the Immediate Relative category. You could have stayed for years after your status expired and apply for AOS and it would still make zero difference for th

1. In part 1 question 23 c. I cannot put numbers. My class of admission is B2, and the program PDF doesn't allow me to put numbers in this space.

Turn off JavaScript in Acrobat Reader and enter it, or write it in by hand.

2. In part 1 question 24. if I'm applying after my I-94 expired, which means I overstayed, what should I put: B2 or overstay?

B2 or B2 (expired) are fine

3. In part 2 and 3 where is the info about addresses and employment should I mention addresses and employments while being Work and Travel student and having J1 visa? Or it's unnecessary since it was part-time?

I am not sure what you mean by "being Work and Travel student". Put all the places where you worked, even if part time. Put all the places where you lived; a vacation doesn't count as a place you lived.

If you have been on J-1 it is important to make sure you are not subject to the 2-year home residency requirement.

4. In part 6 about children. My husband has 2 kids and they all live indiferent states and not with us. Should I still mention them or not?

yes

5. In part 8 in uestion 18. Have you ever violated the term or conditions of your nonimmigrant status? Should I put "Yes" or "No" since I will be overstaying my visa? If I say "Yes" does it mean that my application falls under inadmissable and there's a high chance that my form will not be accepted?

You need to put "Yes", and in the additional information just state the date on which your I-94 expired, and that you stayed past this. You do not need to provide any explanation or say anything else. This question is legally 100% irrelevant for you and it can have no effect. You are NOT inadmissible. There is no inadmissibility for this. There is 0 chance it will affect your application. They won't even bring it up at the interview.

[Azaliya]

Thank you so much!

[Azaliya]

Your spouse is a US citizen, right? No, it won't affect your I-485. Whether you are out of status is irrelevant for your AOS as you are in the Immediate Relative category. You could have stayed for years after your status expired and apply for AOS and it would still make zero difference for th


Turn off JavaScript in Acrobat Reader and enter it, or write it in by hand.


B2 or B2 (expired) are fine


I am not sure what you mean by "being Work and Travel student". Put all the places where you worked, even if part time. Put all the places where you lived; a vacation doesn't count as a place you lived.

If you have been on J-1 it is important to make sure you are not subject to the 2-year home residency requirement.


yes


You need to put "Yes", and in the additional information just state the date on which your I-94 expired, and that you stayed past this. You do not need to provide any explanation or say anything else. This question is legally 100% irrelevant for you and it can have no effect. You are NOT inadmissible. There is no inadmissibility for this. There is 0 chance it will affect your application. They won't even bring it up at the interview.

I'm filling in this form using my husband's last name. Am I right? What evidence are they going to ask for that? And is it okay if my SSN is for my maiden name, because they don't want to change it now....

[newacct]

I'm filling in this form using my husband's last name. Am I right? What evidence are they going to ask for that? And is it okay if my SSN is for my maiden name, because they don't want to change it now....

You fill it in with your current legal name. If you legally changed your name as part of the marriage, then the new name is now your legal name. Not all people legally change their names as part of marriage. If you changed your name, then the marriage certificate should indicate that, and the marriage certificate serves as proof of legal name change. For your I-485 you will need to provide both your birth certificate and proof of name change (marriage certificate) because your current name will be different than the one on your birth certificate. It's okay to use documents in your former name as long as you use them in conjunction with the marriage certificate which proves the name change.

[Azaliya]

You fill it in with your current legal name. If you legally changed your name as part of the marriage, then the new name is now your legal name. Not all people legally change their names as part of marriage. If you changed your name, then the marriage certificate should indicate that, and the marriage certificate serves as proof of legal name change. For your I-485 you will need to provide both your birth certificate and proof of name change (marriage certificate) because your current name will be different than the one on your birth certificate. It's okay to use documents in your former name as long as you use them in conjunction with the marriage certificate which proves the name change.

Part 1 questions 2a and 2b. I usually use my name as INDIVIDUAL ONE, for example (where INDIVIDUAL is my last name and ONE is my given name). However, when getting my visa I got my visa as INDIVIDUAL ONE TWO, where TWO is my dad's name. SO, my question is, should I put first INDIVIDUAL ONE in questions 2a and 2b, and INDIVIDUAL ONE TWO in questions 3a, 3b, 3c. And TWO is it gonna be part of my first name or is it my middle name? This section is about prior names used before marriage, since I took my husband's last name.

Part 5 question 10.Is your current spouse applying with you? Should I answer Yes or No? My husband is a US citizen and we are applying I-130 cuncurrently.
And also if we file two forms concurently, should I still file form I-130A for spouse benefeciary?

[newacct]

Part 1 questions 2a and 2b. I usually use my name as INDIVIDUAL ONE, for example (where INDIVIDUAL is my last name and ONE is my given name). However, when getting my visa I got my visa as INDIVIDUAL ONE TWO, where TWO is my dad's name. SO, my question is, should I put first INDIVIDUAL ONE in questions 2a and 2b, and INDIVIDUAL ONE TWO in questions 3a, 3b, 3c. And TWO is it gonna be part of my first name or is it my middle name? This section is about prior names used before marriage, since I took my husband's last name.

The visa has separate fields for surname and given name. The surname is the last name, and the given name is the first name or the first name plus middle name. Whether ONE TWO is your first name or ONE is your first name and TWO is your middle name might depend on the custom in your country in how those names are treated as first or middle names.

Part 5 question 10.Is your current spouse applying with you? Should I answer Yes or No? My husband is a US citizen and we are applying I-130 cuncurrently.

No

And also if we file two forms concurently, should I still file form I-130A for spouse benefeciary?

yes

[Azaliya]

Thank you!!!

Do I also need to attach all my previous visas with other documents? Or just the last one? And if yes, for three years I was coming with J-1 visa to work in summer, nd now I don't have my DS-2019 for all the previous years. Is there any website where I can get those?

[newacct]

Thank you!!!

Do I also need to attach all my previous visas with other documents? Or just the last one? And if yes, for three years I was coming with J-1 visa to work in summer, nd now I don't have my DS-2019 for all the previous years. Is there any website where I can get those?

For your category, you don't need to show evidence of your past statuses. However, since you were once on J-1, you must be prepared to show that your J-1 didn't have the 2-year home residency requirement (DS-2019 could help with that), or, if it had the requirement, that you have been physically present in your home country for 2 years since then.

[Azaliya]

For your category, you don't need to show evidence of your past statuses. However, since you were once on J-1, you must be prepared to show that your J-1 didn't have the 2-year home residency requirement (DS-2019 could help with that), or, if it had the requirement, that you have been physically present in your home country for 2 years since then.

Thank you so much!!! You are so helpfull!

Now we are illing the form I-130. The uestion is in Part 4. Information about beneficiary. The question is Provide the beneficiary's address outside the US, if different from Item Numbers 11a-11h (which are the Beneficiary's Physical Address). So if before coming here I lived in Russia, but now my physical adress is American, should my husband fill it with Russian address or just put the word "SAME" (If the address is the same, print "SAME")

[newacct]

Thank you so much!!! You are so helpfull!

Now we are illing the form I-130. The uestion is in Part 4. Information about beneficiary. The question is Provide the beneficiary's address outside the US, if different from Item Numbers 11a-11h (which are the Beneficiary's Physical Address). So if before coming here I lived in Russia, but now my physical adress is American, should my husband fill it with Russian address or just put the word "SAME" (If the address is the same, print "SAME")

I think you can put the US address in #11, "SAME" in #12, and the former foreign address in #13.

[PKKM]

Validity of online birth certificate

Hi all,

Birth certificates are available online for those borne in Kerala. Did anyone has tried to submit the online available birth certificates. If the certificate is not available online is showing "certificate is not available". Is it enough to submit instead of non-availability of certificates.

Please share anyone has experienced.

Thanks to all
P

[Azaliya]

Certified copies

I think you can put the US address in #11, "SAME" in #12, and the former foreign address in #13.

What documents should I submit as certiied copies? Don't really get it. For example, my husband was divorced. Should we get a certiied copy of the divorce paper, or just a copy?

[Azaliya]

Form I-130

Also, I have other questions:

1. My husband is Cuban, so his ethnicity is Latino. However, we don't know what to choose for race because he is not white nor he is black, and there is no option for other...


2. When we put the address of employment history, shoould we use the corporate address or the physical where the office is located?

[shrenb]

I-485 for Parents of US Citizen - 'Is your spouse applying with you?"

Hello,
I have a question for Section 5 Question 10: Is your spouse applying with you ? question on form I-485 too. I'm preparing this form for my parents whose Green card I am sponsoring. I am a US citizen. How should we answer this question on both my parents I-485? We will be filing individual I-130 and I-485 for both

Really appreciate your help and guidance.