Hi,I am getting married to my USC gf, currently she living with her father in NY and working for a seasonal job job till October. we are planning to get married by last week of july .So right now I am adding her my house lease in Ohio and apply for her State ID . She will start living with me in October. AS she earning very less and I am on student visa I do not I can add my income.So her father will also be sponsoring.So my question is what are the form she and her father need to fill?
You will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole - but do NOT apply for this with 180 days or more of being illegally in the U.S.), G-325A (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, Marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.
In about 3 to 5 months after filing, you should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later you should get a Residency status (Green Card).
Because she doesn't make enough money, even though she still has to fill out an I-864, her father will also have to fill one out, provide proof of his U.S. Citizenship or Residency, his income tax return, W-2 and last 3 to 6 paycheck stubs and last 3 to 6 bank statements.
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Does her father need to file any other form ?
Forms, no, just an I-864 and she also needs to file an I-864. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
her father is permanent resident , so what I need to present as proof to USCIS
No. It is ok for him to be a Lawful Permanent Resident. He would have to submit a copy of his Residency card.
how much income her father need to show? in last year tax return he filled her and his wife as dependent.
It was only the both of them? No parents or other children?
her father support her and his wife so total 3 ppl in that house.no other dependent. I am on OPT and make 75 k and employer filled my H1B so that I can continue working.Can I add my income?
Here is a link to the amount he is supposed to make where you are supposed to look at the 125% line:
You count him, anyone that he declares on his taxes, and you. And yes, you can use your income as long as it will continue to be legal. If that is the case, then you would not need a Joint Sponsor.
My H1B is still in pending state , was filled on 31st may.Can I still add my income?
It would be tougher because your income would be speculative until October 1, 2012 when supposedly you would be able to start work. It would be better to use a Joint Sponsor so that your case is not delayed.
How much time Advance parole would take to get approved?I am travelling to my county on 1st december, would it be safe filling gc by end of july month?
1 to 3 months. You should be fine.
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