I'm married to a USC , but currently out of status. My wife is doing all the necessary paper work so that i am able to stay in the united legally. We have completed all the necessary form and about to submit them to the USCIS. Just to make sure that we are on the right path, i would like to know if we are missing any other form that is required by USCIS. Below is the list of the forms that we have completed:
i130- Relative Petition
i485- Adjustment of status
i765- Employment Authorization
i693- Medical Examination
and i 864- Affidavit of support.
Please indicate, also, if there is a particular order in which i am to send them and if i am missing out on any other form , please indicate the ones i am missing out on.
You should really consult a qualified immigration attorney for assistance. I know sometimes you might think you cannot afford one, but I see so many clients who come to us after having tried to do it themselves, then they not only have to pay a reasonable attorney's fee, but they have to repay filing fees with the government. You should be able to adjust as long as you were initially inspected and admitted, assuming you have no other admissibility issues. The core forms you will need are listed correctly, except both you and your wife will need to attach G-325A biographic information forms to the I-130. Each form also requires fairly extensive supporting documentation. Again, I would highly recommend consulting with an immigration attorney. You can file all of the forms simultaneously. I will usually do a cover letter listing all the petitions and attachments, with the supporting documentation, and I will put everything in this order:
I-130 petition (with filing fee, G-325A's, passport photos, supporting docs for the marital relationship, supporting docs for the bona fides of the marriage.
I-485 petition (with filing fee, passport photos, supporting docs for your showing ability to adjust
I-765 (with photos, and supporting docs if you have had work authorization previously)
I-864 (with supporting tax returns, letter of employment, paystubs, and calculation of current individual annual income for your wife). You will need a joint sponsor if your wife doesn't meet the income requirements, and I attached that next, except you will also have to include proof of the joint sponsor's citizenship or LPR status.
Sealed envelope containing the medical examination.
Finally, I hate to beat a dead horse, but talk with an immigration attorney. Sometimes it is much easier just to turn it over to a qualified professional who can take care of the details for you and prepare you for any contingencies that arise along the way, and the eventual adjustment interview. Best of luck to you and your wife!
You need G-325A for you and G-325A for your wife. Depending on your wife's income, her I-864 may be sufficient (make sure you do not required a joint sponsor). It's always best to consult with an attorney to make sure of your eligibility and any special issues that may come up with your case.
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