Q: When submitting form I-485 do we also send documents proofing relationship?
Hello, my American citizen husband and I got married back in June of 2018 here in Florida, right after we got married, we sent the form I-130 only, together with a lot of documents and photos that proof our relationship through the years we’ve been together, it took a whole year to get approved, and now we’re behind on sending the form I-485 to apply for residence, we’re about to send it now together with the forms for work permit and travel permit. So my questions are:
1. Do we have to submit the form I-485 with all documents proofing our relationship? Is it necessary or not really? And if it’s advisable do we have to send the same documents we sent back in 2018 or just the ones from 2018 until now?
2. Do we also have to fill out this new “Public charge form”? Thank you in advance for your help.
A:
You can present the FORM I-485 To USCIS with the approval of the FORM I-130 and evidence of your marriage dating from the time of the filing of the relative petition. You can file the FORM I-765 and possibly the FORM I-131 if you have not accumulated more than 180 days of “ unlawful presence”.
Your U.S. citizen will have to file the FORM I-864. If you are residing in Florida, you will need to file the FORM I-944.
You can view updated information related to the FORM I-944 in my blog in my website at adanvega.com.
A: Generally speaking, if the Petition for Relative has already been approved, you should not need to provide additional evidence of the bona fide nature of your relationship with the Form I-485. That being said, it can't hurt to do so. Regarding the public charge form, there is much ongoing litigation concerning the subject, with a possibility that you may not need to file it if living in the jurisdiction of the 2nd Circuit Court of Appeals. There are ever changing developments regarding that form, because of litigation, and it may be best for you to seek a consultation with a competent immigration attorney. There are also several other forms that should be filed with the Form I-485. USCIS filing fees increase in early October. So, you may wish to act quickly.
A: You should have filed the I-485 with the I-130 and supporting documents. Since you did not, file the I-485 and supporting documents from the time you filed the previous documents to now.
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A:
1. It is prudent and the best practice to submit documents relating to you - the petitioner - biographical information, marriage certificate and proof of children you have together. Remember you will be the petitioner-sponsor, even if you have a joint-sponsor.
2. Yes, you have to complete and file Form -944, Declaracion of Sufficiency along with all pertinent supporting documentation.
I strongly suggest you hire an immigration attorney to follow up on the approved I-130. Immigration laws have changed and are constantly changing. My office sees many denials because the information was not complete or correct. Adjusting status is a important.
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