Aice2008-02-14 01:58:56
Background: A (male, US citizen) and B (female, H1B) are a couple at different states because of job. They got married at A's state, and after spending several weeks at A's state, B went back to her state for work. B entered into the US as a F1, and then was in OPT and now H1B. She plans to move to A's state soon, so A is filing I-30 petition for B in order to let B get her EAD card to work.
A's forms: I-130, I-864 (financial support), and G325A (biography)
B's forms: I-485, I-131 (AP), I-765 (EAD), G-325A, and I-693 (medical exam)
Here are the questions: Thank you sooooo much!!!

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I-130 (family-based petition, filled by A)
Part C. Information about your relative:

10. Alien Registration Number
Q: She entered as a F1, and then was in OPT and now H1B. Does she have a A#?

14. Date authorized stay expired, or will expire, as shown on Form I-94 or I-95
Q: She entered as F1, and now is H1B. There isn't a expiration date on F1 visa, so should her hu*****and just write down the I-94 expiration date list on H1B?

17. List hu*****and/wife and all children of your relative
Q: At part B (Information about you), A already filled his own information, but here it requests "list hu*****and of your relative", which is B's hu*****and, means A himself. Should he re-write his name, relationship, date of birth and country of birth such information again?

18. Address in the US where your relative intends to live
Q: Although they are currently at different states, B plans to move to A's city. Therefore, should A just write his currently address, or still leave B's current address?

21. If filing for your wife, give last address at which you lived together
Q: Before married, they lived in different states. They got married in his state, and after several weeks' stay at his state, B came back to her original state. Should he just write down his address although they just lived together for several weeks?

22. Complete the information below if your relative is in the US and will apply for adjustment of status. Your relative is in the US and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in ___(city)__(State)
Q: Does "USCIS office" here mean local office or process center? Normally every medium to big city has its own USCIS local office, but there are only 4 main process centers. Which office should A fill? Also should he fill in his place's office or her place's office? If she plans to move with him, should he just leave his city's office? Will that affect the process speed?

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I-864 (financial support, filled by A)
Part 6. Sponsor's income and employment

24. My current annual houshold income
d.__The persons listed above have completed Form I-864A. I am filing along with this form all necessary Forms I-864A completed by these persons.
e.__The person Listed above, ____ does not need to complete Form I-864A because he/she is the intending immigrant and has no accomplanying dependents.
Q: If A doesn't need to use any other person's income to meet the financial requirement, can he just leave these two items, d and e, blank?

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G-325A (biographic, filled by A)

Line 1, File Number A___.
Q: Is this the Alien Number? If so, A was born in the US, so he doesn't have an A#?

Applicant's residence last five years. List present address first.
Q: Have to list all the residence in the past 5 years? How about moved very often, and have more than 6 address during the past 5 years? There are only 6 lines here on the form. Should A he add an extra paper to list the rest of the address? Or just list the main address he lived relatively longer? Does the time need to be accurate?

This form is submitted in connection with an application for: a. Naturalization; b. Other; c. Status as Permanent Resident
Q: Should A select "Status as Permanent Resident"?

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I-485 (filled by B)

Part 1. Information about you
Current USCIS Status
Q: H1B?

Part 2. Application type (check one). I am applying for an adjustment to permanent resident status because:
a. An immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach an 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 immidiately available visa number, if approved)
h. Other basis of eligibility. Explian (for exmaple, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the US for one year after admission). If additional space is needed, use a separate piece of paper"? It's an US citizen applies for GC for his foriegn wife. At this point of time, his wife hasn't gotten any migrant visa number. Should she just select option a or option h and write down explanation? One lawyer said select a, while the other lawyer said select h and make explanation.

Part 3. Processing information
Nonimmigrant Visa Number
Q: Is this her initial F1 visa number?

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I-765 (EAD, filled by B)

11. Have you ever before applied for employment authorization from USCIS? Which USCIS Office?
Q: She had OPT and now is using H1B. The answer is "Yes", but which USCIS Office? Does it mean USCIS Local Office or Process Center? Is it OPT or H1B's office?

15. Current Immigration Status (Visitor, Student, etc.)
Q: She is in H1B. How should she fill this? Worker?

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I-131 (AP, filled by B)
Part 1. Information about you
3. Class of Admission
Q: How should B fill this?

Part 2. Application type (check one)
d. I am applying for an AP document to allow me to return ot the US after temporary foreign travel.
Q: Should B select this one?

Part 3. Processing information
1. Date of Intended Departure (mm/dd/yy).
2. Expected Length of Trip
Q: How to fill out this 2 items?
Aice2008-02-14 04:32:34
回复:Special Family-based Case: Filing Questions
pharmacyelite2008-02-14 15:01:44
U should find a lawyer. They will do all for you