Marriage Petition

[Shayna_ian]

What is the name of your state (only U.S. law)? California
Hi I am a US Citizen married to my non-resident wife. She was on a relative petiton I130 2b preference before we got married but she overstayed.
We are in the process of submitting all the requirements for her petiton, my question is will her I130 2b preference be a problem, or since she overstayed already, that petiton is considered closed already. My second question is I know we need to file I130 and 485,should we file it both at the same time or the I130 first then after the approval we will submit the 485. In the affidavit of support what documetns do i need to submit, and how much income do i need to acquire to satisfy it. My last question is we need to produce proof that we are really married aside from the marriage certificate what else can we submit, i hear a joint bank account will do but my wife can't apply yet because she is not eligible for SS # yet. Please I need some advice for us to be able to submit all the paper works immediately.

 

[ImmigAttyLana]

You should submit the I-130 and the I-485 together with all the additional forms and supporting documentation. The level of income you have to show depends on your size household and you can find the specific information on the federal poverty guidelines for the 2008 year. The evidence about the bona fide nature of your marriage will need to be supplied at the time of the USCIS interview and not with the initial filing.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[evcalyptos]

You can only file the I-485 if your wife is in the US; your post isn't clear to me on that point.