Paperwork for new Aussie spouse
Joe
(Ouch, Doc Steen's pages seem to be gone.)
I am a USC who has married an Aussie while she is visiting here on a
B-2 tourist visa. I have to scramble to get her paperwork in before
her entry stamp expires on 20 Dec. Could someone please help me make
sure I am doing this right?
I have downloaded the packet of forms at
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf .
I understand from the "Family-Based Applications" section of
http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba that we each
need to file the following:
(a) I-485, Application to Register Permanent Residence or to
Adjust Status
No questions, this seems clear enough. She files
this one.
(b) G-325A, Biographic Information.
No questions, this seems clear enough. She files this
one.
(c) Either your original I-130 Petition for Alien Relative (if
you are filing concurrently), or a copy of your I-797, Notice
of Action (if the petition was already approved).
>>>>QUESTION>>>>>: I interpret this as meaning that I
need to file an I-130 for her, yes?
(d) I-864, Affidavit of Support
>>>>QUESTION>>>>>: I interpret this as meaning that I
need to file an I-864 for her, yes?
(e) I-693, Medical Examination of Aliens Seeking Adjustment of
Status
>>>>QUESTION>>>: We have to get her a medical exam
*before* we file? Turns out my family doc does these.
(f) I-131, Application for Travel Document
QUESTION>>>: This is what will get her "advance
parole" to visit Australia while paperwork is in
progress?
So if I hand all of this over the counter at BCIS San Francisco before
her stamp expires, we're cool? Did I miss anything?
Is there any way I can screw this up for her? Does this need a lawyer
in order to be sure of not falling into some horrible bureaucratic
pit?? What happens if a "t" is dotted rather than crossed?
Thanks in advance for any help/reassurance.
--Joe
Joe
Dekka's Angel
Originally posted by Joe
>
> I am a USC who has married an Aussie while she is visiting here on a
> B-2 tourist visa. I have to scramble to get her paperwork in before
> her entry stamp expires on 20 Dec.
>
> <snip>
>
> So if I hand all of this over the counter at BCIS San Francisco before
> her stamp expires, we're cool? Did I miss anything?
>
Yes, the fact that San Francisco does not accept walk-in applications
for adjustment of status. The items must be mailed in. The relevant
address is on the USCIS website.
--
Dekka's Angel
Posted via http://britishexpats.com
Joe
Thanks!
I'm deep into the paperwork...so some more questions, please...
My wife Sue's daughters (Lauren 15, and Samantha 17) are visiting us
in the US for three weeks in January. Lauren will enter on a B-2 that
she already has, and Sam will enter on a visa waiver. Sue hopes that
afterwards Lauren will decide to reside with us in the US (Sam will
definitely stay in Aussie and attend university). This gives rise to
a couple of scenarios...
Scenario A: Lauren decides to live with us. Sue accompanies Lauren
back to Aussie on 7 Feb 2004 (or follows her there as soon as advance
parole is granted), helps pack up up, and flies back with her to the
US in 2-3 weeks. Lauren would re-enter on the same B-2. We would
then file for permanent residency for Lauren.
Scenario B: Lauren decides to continue residing in Aussie for now.
Sue would wait until April or May to visit Aussie, and return alone.
----
Question 1:
I'm uncertain how to fill out my wife's I-131 "Application for Travel
Document".
In Part 3 "Processing information", it asks for "Date of Intended
Departure", which seems to imply that my wife has to have a *definite*
(rather than tentative) departure date. But in Part 7 "Complete only
if applying for advance parole", it has an option for "More than one
trip".
My best guess is to answer "2/7/2004" for "Date of Intended
Departure", and also to check "More than one trip". My hope is that
even if she doesn't travel on 2/7/2004, the "more than one trip"
checkbox will allow her to use the advance parole in April or May.
Am I correct?
----
Question 2:
Does the granting of advance parole depend on the answer to "Purpose
of trip?" in Part 4? In other words, are some "purposes" considered
worthy of advance parole, and others not?
----
Question 3: Does Scenario A "work" in terms of getting Lauren
permanent residency? In other words, is there any problem with having
her visit for three weeks on a B-2, and then return a few weeks later
on the B-2 and stay with us while we file her PR papers? Then does
she, like my wife, get to stay indefinitely while her PR papers are
being processed?
---
(Some questions unrelated to the "scenarios"...)
Question 4:
On the I-765 Application for Employment Authorization, in Box 14 we'll
put "Visitor" because she entered on a B-2. Should we put "Visitor"
in Box 15? Or is she in some different status when we file this
paperwork that should go in Box 15? E.g., perhaps I should put
"Adjustment Applicant" (see below)?
---
Question 5:
For Box 16, if left to my own devices I'll put "(c)(9)" based on this
section in p.4 of the instructions:
Adjustment Applicant--(c)(9). File your EAD application with a copy of
the receipt notice or other evidence that your Form I-485, Application
for Permanent Residence, is pending. You may file Form I-765 together
with your Form I-485.
Did I guess right?
---
Many thanks once more,
Joe