Spouse based Green Card- forms filing concern


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Hello,

My wife is a US citizen and we are married for one year.  We are fling for my green card and I have following concerns about some of the forms-

1. I130: Petition for Alien Relative- in part 4 ( Beneficiary information ie my info) section, it asks "The beneficiary is in the US and will apply for adjustment of status to that of a lawful permanent resident at USCIS office in: City XXXX and State XX.

We are currently living in Arkansas and planning to move to Chicago next month. Then what information should we put for city & state where I will apply for my adjustment of status?

2. I131: Application for Travel Document- In Part 3- Processing information section- I need to put intended date of departure. My date of travel is not fixed., it will sometime next year. In this case how accurate this date needs to be?

3. I485- Application to  Adjust Status- Part 8- General Eligibility section- it asks have I ever been denied visa to the US. 

I came to the US, fourteen years ago and have been on F1 and H1 visas since then.  When I applied for student visa first time in 2003, it was denied.   Then I applied again in 2004 and my student visa was approved.  So  what should  I put here as answer?  Shall I put "No"  as I got visa afterwords and this will speed up processing of my documents.  As my one denial was 14 years ago, they will not have record have it.  I was told if visa is denied records are kept for 5 yrs and if its received then kept for 3 yrs.  In either way my records of that application would not be there. 

If I put yes and tell them my visa was denied once, the what explanation I should give for this.  In 2003, my student visa application was based on a admission into a PhD program without assistant-ship. I don't even remember what was the reason for denial, intended immigrant or financial one. I think this might delay my application processing.

Let me know.

Thanks.

Sam.

 

 

 

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1. Use the current address and then remember to notify the USCIS of your address change when it happens. Maybe file next month after the move.

2. Any date will do.

3. If you had a denied visa, how do you intend to deny that fact ?. As an immediate relative of an USC you are in a safe harbor anyway. IT would be really stupid to make material misrepresentations in any form dealing with the USCIS. You have no idea why your visa was denied. Out of interest which college was involved?

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Hello pontevecchio,

Thank you for your input.

1. Yes, I have option to put current address now and apply. Then update address change as per necessity.  This way,  process will start earlier but will it get delayed after address change?

I am more inclined to file after one month with new address. But my worry is process will start later and hence end later.  My current opt ends on Jan 2019.  And I would like to have my employment  authorization come in before that.

2. Yes I will put date as per my estimate.

3. It was a state university with good reputation. But I-20 was for PhD program with out financial support.  School told me first year they will see my performance and from second year they can provide financial support. But visa officer see that as not enough financial support and gave me denial. I do not have related paperwork, so do not know what reason what given at that time.  I applied again next year in 2004, at that time I had admission from Master's program with financial support and my visa was granted I came to US.

I would like to know, what will be implications  on my I485 processing, if I said yes to visa denied question?   And what explanation I should provide for this denial.

 

Thanks.

Sam.

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