I-130 and I-485 filing soon

[SCbasedPerson]

Hi, the current situation I’m in is a little tricky for me, so I’d like to get clarity and make sure I’m doing everything correct.
I am a US citizen. I met my fiancé 2 months after she came to the US back in 2020 on tourist visa. We’ve been together nearly 2 years but just got engaged couple weeks ago and will marry in a few days. She came to the US on a tourist visa, then she switched it and applied for EB-2 with the help of an attorney she hired shortly before moving to the US. That attorney also applied on her behalf for work authorization I-765 around July 2021 which is still pending along with the EB-2 application. She of course does not need the EB-2 approval any longer since we are getting married.
Now that we are about to get married, I have a few things I need clarity on.

0.On the I-130 form, there is a question that asks, “At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?” I assume since we are living in SC the answer is Chicago, IL
https://www.uscis.gov/forms/all-form...-adjust-status

1. I will file I-130 around the same time as the I-485 and the additional forms. The fact that she has I-765 application currently pending with her EB-2, will we have to include a new I-765 application with the I-485 package?
2. Will she have to or should she cancel the EB-2 application that is pending with USCIS or should she just ignore it? (she doesn’t want EB-2 visa any longer)
3. I also understand that I will have to include I-864 (Affidavit of Support) with the I-485 package but what about the I-693, Report of Medical Examination and Vaccination Record? Research tells me she will need this examine completed no longer than 60 days before we file the I-485, therefore I’m pretty certain she needs to get this done. Am I right or wrong?
4. At what point should she or can she apply for her SSN?

We will file I-130 and I-130a form online on July 9^th. We will mail I-485 along with the additional forms to be included within 2 weeks proceeding July 9^th.
Any extra info that may be helpful, please let me know. Thanks in advance.

[newacct]

0. I know the form is mailed to the Chicago Lockbox, but you should put the USCIS field office that has jurisdiction over where you live. Enter your ZIP code at the bottom of this page
1. Sure, why not? I-765 for EAD and I-131 for Advance Parole are free for I-485 applicants. And if her other I-485 is abandoned, then the I-765 based on that will be abandoned too, so she might as well file I-765 and I-131 based on this new I-485.
2. Is the employer still offering to employ her after she immigrates? Is she still planning to work for that employer after she immigrates? If so, there are some advantages to immigrating on the employment-base petition instead of the family-based petition. If she immigrates through the EB2, she will become a non-conditional permanent resident. If she immigrates as your spouse, if she gets her green card within 2 years of the marriage (which is likely), she will become a conditional permanent resident, and will have to apply for Removal of Conditions 2 years after getting her green card, which is more cost, time, and hassle. Also, if she immigrates through the EB2, she will not need an I-864. If she does not plan to work for the employer after immigrating, then she can cancel or ignore it.
3. Yes, she needs to do a medical
4. Her I-765 has a section asking if she wants an SSN issued. If she said yes here then it should come automatically after I-765 is approved. The I-485 also has a section asking if she wants SSN issued, so if the green card is approved before the EAD, an SSN should come automatically too.

[SCbasedPerson]

I don't think I could have gotten better answers Maybe I'll have additional questions throughout our journey but you gave clear, concise, detailed answers to all of these questions. Thanks

FYI - She does not want to work for that employer anymore for multiple reasons. So she will ignore the pending EB2.

[newacct]

I guess she should withdraw the EB2 I-485 so the USCIS won't get confused.

[Enub4]

Filing I-130 online do you get an instant receipt or do you need to wait for the physical receipt by mail?
I read that you need a receipt to include with the I-485 package, no?

[SCbasedPerson]

I guess she should withdraw the EB2 I-485 so the USCIS won't get confused.

Ok, will do. It won't take long so I guess that is best.

[SCbasedPerson]

So now I need clarity on the A-number. My wife does not have a green card but I remember seeing an alien number on 1 of her forms that was pending prior to us getting married when she was in the process of getting her EB2. I'm not currently at home to say exactly which form it was I saw the alien number on.

My question though, will that be the same alien number to include in the I-130 application? I read that the alien number they are asking to be inputted on I-130 form is the A number located on green card which she does not have.

Edit: I'm starting to think, maybe I assumed A# on the application I'm referring to meant Alien number but it's possible that was the 9 digit application number. I guess I'd have to double check when I get back home.

[newacct]

So now I need clarity on the A-number. My wife does not have a green card but I remember seeing an alien number on 1 of her forms that was pending prior to us getting married when she was in the process of getting her EB2. I'm not currently at home to say exactly which form it was I saw the alien number on.

My question though, will that be the same alien number to include in the I-130 application? I read that the alien number they are asking to be inputted on I-130 form is the A number located on green card which she does not have.

Edit: I'm starting to think, maybe I assumed A# on the application I'm referring to meant Alien number but it's possible that was the 9 digit application number. I guess I'd have to double check when I get back home.

If she was in an immigration process before (e.g. EB2), she will have an A number from that, and she should continue to use that A number on her future immigration processes.

[SCbasedPerson]

If she was in an immigration process before (e.g. EB2), she will have an A number from that, and she should continue to use that A number on her future immigration processes.

I just got home and her I-797 notice of action does in fact say USCIS Alien Number. Thanks

[SCbasedPerson]

Instead of starting new thread, I will keep questions about other forms here.

I am currently filling out the I-864 form. I am receiving tax free VA benefits. I don't file taxes but I don't see an option on the form that applies to me to submit any type of proof. I only see "I was not required to file a federal income tax return as my income was belw the IRS required level and I have attached evidence to support this". My tax free income is well above poverty level.

[newacct]

Instead of starting new thread, I will keep questions about other forms here.

I am currently filling out the I-864 form. I am receiving tax free VA benefits. I don't file taxes but I don't see an option on the form that applies to me to submit any type of proof. I only see "I was not required to file a federal income tax return as my income was belw the IRS required level and I have attached evidence to support this". My tax free income is well above poverty level.

Read the relevant tax year's Form 1040 instructions. There is a section near the beginning called "Do You Have To File?". Read that section, and the charts A, B, and C. Did you have to file according to that section?

[SCbasedPerson]

Maybe I'm misunderstanding. I never have to file taxes due to me receiving VA benefits. That is my only source of income and SSDI. The 1040 is if an individual is filing taxes right? Therefore, that doesn't apply to me. Every year I get notification from the VA with my earning and that I don't have to file, etc.

[SCbasedPerson]

I know with 100% certainty that I don't have to file taxes. I was just wondering that since I am receiving income that didn't require me to file taxes, what/where do I add that on this I-864 form? The reason I am not filing is NOT because my income is below the IRS required level (I see a check box for that only). The reason I don't have to file is simply because I am a disabled veteran receiving VA benefits.

[newacct]

The reason I am not filing is NOT because my income is below the IRS required level (I see a check box for that only). The reason I don't have to file is simply because I am a disabled veteran receiving VA benefits.

The ONLY reason that someone can be not required to file a tax return is if their income is below the relevant filing thresholds. And this is probably what you are saying even though you don't realize it. That's because the threshold differs depending on circumstances, including what your tax filing status is, whether you can be claimed as a dependent, whether you have self-employed income, etc. For most people, the threshold is the standard deduction, which is higher for seniors. Certain types of income, including usually social-security income, are not considered in gross income that is applied against the threshold. So if you go through the 1040 instructions, you will almost certainly see that a combination of high threshold and some income not counting make it so that you are below the threshold.

[SCbasedPerson]

Read the relevant tax year's Form 1040 instructions. There is a section near the beginning called "Do You Have To File?". Read that section, and the charts A, B, and C. Did you have to file according to that section?

According to the charts I did not have to file.

I also found this info "According to the IRS, disability benefits received from the VA should not be included in your reported gross income and are not taxable at the federal level."

So I guess that means I have to check the box that says "I was not required to file a federal income tax return as my income was belw the IRS required level and I have attached evidence to support this" and then include my VA evidence to support it?

Thanks for the clarity!