I am filing an I-130 before April 30th 2000 so I can grnadfather my husband in under I-245. Should we send in the $1,000 fine in with the I-130 application? And can we wait to file an I-485 or must we submit that when I submit my I-130, also is there anything special we have to write on our forms to make sure that he is applying under I-245? One more question, if I am filing an affidavit of support, but the past 3 tax returns someone has claimed my as a dependent do they have to file the affividavit of support along with me? Also for the affividavit of support does money that you have in your savings account, count for your total assets? Sorry for all the questions!

Dear Anonymous:

You only have to file the I-130 on or before 4/30/01. You only pay the $1000 penalty fee when you file the I-485, which can be done at a later date.

You do not need to write anything special on the petition to indicate that you are filing under section 245(i).

You do not file the affidavit with the I-130, only with the I485. The person claiming you as a dependent does not have to also file the affidavit.

If you have insufficient income to meet the poverty guidelines, you can use money or other assets to help you qualify. See form I-864 for more information on that subject. Good luck.