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Concurrent filing of I-130, I-485, I-131, I-765

#1 PetrUA

PetrUA

    Junior Member

  • PipPip


Posted 28 October 2011 - 10:45 PM

Hi,

I'm going through this whole process right now, so I would like to share my experience and make sure I've done everything properly.

Background
I am a citizen of Ukraine. I am employed by the Ukrainian office of American company and came to US for a business trip using B-1 visitor visa on June 1st with expiration date on Form I-94 November 30th 2011. On September 15th I married a US citizen by birth (so we should not be affected by 30-60 days rule).

Package
Whole package was described in a cover letter, see below:
USCIS
131 South Dearborn – 3rd Floor
Chicago, IL
60603-5517

October 21, 2011

Concurrent Filing of I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization) , I-131 (Application for Travel Document)

Petitioner (U.S. Citizen): Petitioner Name and Last Name
Beneficiary (Alien Spouse): Beneficiary Name and Last Name
Dear Sir/ Madam:

Please kindly find enclosed concurrent filing of forms: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), I-131 (Application for Travel Document).

Contents include:

1. Check in the amount of US$420 for I-130

2. Check in the amount of US$1,070 for I-485

3. Form G1145 E-Notification of application/petition acceptance

4. I-130 Petition For Alien Relative
• Copy of US Citizen’s birth certificate
• Copy of US Citizen’s passport
• Copy of marriage certificate
• G325A signed by US Citizen
• G325A signed by beneficiary
• Passport photo of US Citizen (attached with a paper clip to Form I-130 and signed)
• Passport photo of beneficiary (attached with a paper clip to Form I-130 and signed)
• Evidence of Bona fide Marriage
- Copy of joint bank account information
- Affidavit for Bona Fide Marriage by third party US Citizen
- Copy of rent payments bank account information
- Picture that document relationship and marriage

5. I-485 Application To Register Permanent Residence Or Adjust Status
• Continuation pages for Form I-485
• Copy of Birth Certificate with English translation
• Copy of passport page with nonimmigrant visa
• 2 passport photos of beneficiary (attached with a paper clip to Form I-485 and signed)
• Form I-693 Report of Medical Examination and Vaccination Record (Completed by a Civil Surgeon sealed in an envelope)
• G325A signed by beneficiary
• Copy of I-94 Form (front and back)

6. I-765 Application For Employment Document
• 2 passport photos of beneficiary (attached with a paper clip to Form I-765 and signed)
• Copy of passport page with nonimmigrant visa

7. I-131 Application For Travel Document
• Copy of passport page with nonimmigrant visa
• Explanation showing circumstances that warrant issuance of an Advance Parole Document
• 2 passport photos of beneficiary (attached with a paper clip to Form I-131 and signed)

Signature of Petitioner: Date:

Process and actions made
On October 22nd the whole package was sent via US Mail Express Mail to the address shown above. The cost for the whole package was about $18. On Monday using the US Mail tracker I got a confirmation of delivery at 11:00 AM.

On October 27th my wife received 4 email notifications saying that our forms have been received by the USCIS and are forwarded for further processing. It also said that we should receive paper I-797 Notice of Action within next 7-10 days.

Questions
1. When I was filing form I-485 I stated that I had military training during my study in the university. I have added 3 continuation pages explaining the circumstances. How likely is this to affect the process?
2. From what I've realized it is not mandatory to file the Form I-864 Affidavit of Support concurrently with I-485. The Petitioner will be notified when filing of I-864 is required. As at this moment my wife doesn't meet the 125% requirements we will file this form later, in a couple of month. Please confirm or correct.
3. My I-94 expires on November 30. Will I have to leave the country knowing that our adjustment of status papers are being processed?
4. What are the next steps and what should we be concerned about?


I hope this description would be helpful for others. Your comments and suggestions would be highly appreciated.
  • 0

#2 Little_My

Little_My

    Platinum Member



Posted 29 October 2011 - 12:11 AM

Well, your process is about to be halted and delayed because of the missing I-864 form.. It is mandatory and required from all who adjust status based on marriage, and your AOS won't move anywhere until you submit that. You will get an RFE, for which you'll be given a certain amount of time to respond to, or your case will be denied. Within that time you will have to come up with a way to meet the income requirements - so if your wife does not meet them, you will need an additional sponsor.

You are in a period of authorized stay until you have a decision on your AOS, so the expiration of your I-94 is not a problem at this point. If your application is denied, for whatever reason, you will have to leave the country immediately.
  • 1
Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox
03/04/2011 - Day 1 - AOS -package signed for at USCIS
03/09/2011 - Day 6 - E-mail notification received for all petitions
03/10/2011 - Day 7 - Checks cashed
03/11/2011 - Day 8 - NOA 1 received for all 4 forms
03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011
03/31/2011 - Day 28 - Successful walk-in biometrics done
05/12/2011 - Day 70 - EAD Arrived, issued on 05/02
06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th
07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location
07/22/2011 - Day 141 - E-mail approval notice received (Card production)
07/27/2011 - Day 146 - 2nd Card Production Email received
07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS
08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail
("Resident since" date on the GC is 07/20/2011

#3 milimelo

milimelo

    Star Member



Posted 29 October 2011 - 09:49 AM

Moving to AOS from student, tourist, work visa.
  • 0
Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#4 ceadsearc

ceadsearc

    Diamond Member



Posted 29 October 2011 - 10:29 AM

Also, you should NOT leave the country until you receive AP. Doing so would abandon your application.
  • 0

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#5 Gary and Alla

Gary and Alla

    Я вижу тебя



Posted 29 October 2011 - 01:11 PM

Also, you should NOT leave the country until you receive AP. Doing so would abandon your application.


Both responses are correct. DO NOT Leave the USA until you have authorization. You will get an RFE for the I-864. Your wife needs to be earning at least 125% of the poverty guidleine by that time or she will need a joint sponsor

Your military experience will not affect anything (good or bad) but you WILL need to submit your military record and discharge papers. If you did nto do this, get them now because they will also be requested in the RFE.

I -94 is no longer of any consequence. The filing of the AOS is now your approval to stay until it is adjusicated

Wait for an RFE, follow the instructions. You are doing fine so far.

I will only say also that you should be prepared to show you did not intend to get married and file for AOS when you entered on business. If that is what you did, it is visa fraud and you can be denied and barred from any visas. I am not saying that will happen, just that you need to be prepared for that.

Edited by Gary and Alla, 29 October 2011 - 01:14 PM.

  • 1

VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla


#6 PetrUA

PetrUA

    Junior Member

  • PipPip


Posted 29 October 2011 - 06:35 PM

Thank you for your comments and suggestions!
  • 0

#7 PetrUA

PetrUA

    Junior Member

  • PipPip


Posted 07 November 2011 - 01:29 AM

Update:

On October 28th I got 4 envelopes each containing I-797 for each of 4 forms I've submitted. On November 1st another letter came setting up a biometrics appointment for November 14th.

So far everything is going alright.

However, we are still in the process of figuring out how to meet requirements of I-864 form. So the most important question is how much time will we have to find a sponsor or insufficient cash?

Would really appreciate any feedback about this question, thanks in advance.
  • 0

#8 ceadsearc

ceadsearc

    Diamond Member



Posted 07 November 2011 - 09:13 AM

Update:

On October 28th I got 4 envelopes each containing I-797 for each of 4 forms I've submitted. On November 1st another letter came setting up a biometrics appointment for November 14th.

So far everything is going alright.

However, we are still in the process of figuring out how to meet requirements of I-864 form. So the most important question is how much time will we have to find a sponsor or insufficient cash?

Would really appreciate any feedback about this question, thanks in advance.


Here is the memo from USCIS regarding response time from this July: http://www.uscis.gov...eframes-rfe.pdf

Basically, once you receive your RFE you will typically have 84 days to respond. That means that your RFE needs to be received by USCIS by day 84, not mailed by day 84. When exactly your RFE will show up is unknown, but I'd get searching for a co-sponsor ASAP as if you don't find one and respond before your RFE deadline your application will be denied.
  • 0

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#9 PetrUA

PetrUA

    Junior Member

  • PipPip


Posted 08 November 2011 - 02:08 AM

Thank you ceadsearc!

I've got another challenging question, please let me know your opinion!

Instructions for Form I-864 show that my income can be considered if I can provide the proof that my source of income remains after the immigration. However, at this moment I am officially employed in the Ukrainian office of my company.

Q1. Can I show my income that I get in Ukraine to meet 125% of Poverty Guidelines?

Q2. Let's assume that my Ukrainian income doesn't count. In theory, I can arrange my relocation to US office, so I would be able to show the needed amount. BUT I don't have a work permit, as I have just filed all the papers, and my I-765 is still being processed. With that being said, is there a way for me to add my income to the Affidavit of Support? Can I be officially employed, i.e. get I-765 prior to submitting I-864?

Thank you in advance, this forum is awesome!
  • 0

#10 PetrUA

PetrUA

    Junior Member

  • PipPip


Posted 14 November 2011 - 05:02 PM

I had a biometrics appointment today scheduled for 11:00 AM, the whole procedure took about 30 minutes. Now I'll be waiting for their next mail. Meanwhile, it would be great to get any kind of feedback regarding my previous 2 questions. Thank you in advance!
  • 0

#11 NancyNguyen

NancyNguyen

    Platinum Member



Posted 14 November 2011 - 05:13 PM

Thank you ceadsearc!

I've got another challenging question, please let me know your opinion!

Instructions for Form I-864 show that my income can be considered if I can provide the proof that my source of income remains after the immigration. However, at this moment I am officially employed in the Ukrainian office of my company.

Q1. Can I show my income that I get in Ukraine to meet 125% of Poverty Guidelines?

Q2. Let's assume that my Ukrainian income doesn't count. In theory, I can arrange my relocation to US office, so I would be able to show the needed amount. BUT I don't have a work permit, as I have just filed all the papers, and my I-765 is still being processed. With that being said, is there a way for me to add my income to the Affidavit of Support? Can I be officially employed, i.e. get I-765 prior to submitting I-864?

Thank you in advance, this forum is awesome!


Sadly, you can't self sponsor. It is the reason why they need affidavit of support, to make sure you are supported by the petitioner. I really encourage you to find a co-sponsor before the RFE coming. The more delay you submit the RFE, the longer you have to wait for your interview appointment. Good luck.
  • 0

*** Our AOS Journey ***
10/28/2011: I-130 and I-485 sent to Chicago Lockbox
03/06/2012: Got Stokes interview and we were approved at the spot!! Review Here
03/14/2012: Green Card in hand

 

*** Our ROC Journey ***

1/20/2014: Package filed

2/20/2014: Biometrics taken

5/15/2014: RFE for missing old lease, tax 2013

5/23/2014: RFE response delivered - My response

6/02/2014: Order new card text/email

6/09/2014: 10yr card received


#12 PetrUA

PetrUA

    Junior Member

  • PipPip


Posted 22 November 2011 - 01:16 AM

Nancy, thank you for your reply.

On Friday, November 18th, received a letter with a request for i-864 dated November 9th and due in 87 days. It has also said that my I-765 form will be processed within 90 days after providing the missing form.

My wife made her last year tax return statement and it is about $5500, the missing amount is $13,000*5 = $65,000. My parents might be able to help me here and make a bank account in the Ukrainian bank with the needed money.

Will it work as an affidavit of support? What are the details to keep in mind?

The other option with employment - I've read that my income can be considered if I can prove that I'll keep the same source of income after the immigration. My company may be willing to help me out. What kind of proof do they need to provide? Would it be sufficient to provide a letter explaining that I will be employed in the American company right after I receive my work permit and make enough for us both to meet 125% threshold?

Would really appreciate any thought and comments, thanks!
  • 0

#13 Soapz

Soapz

    Member

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Posted 22 November 2011 - 11:50 AM

Your parents can't file a I-864 for you. the requirements for a sponsor are:

Sponsorship Requirements

A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.
(Taken from the USCIS website)

Your company should provide you with a letter of employment that shows their intent to continue employing you, a copy of the social security/taxes they have paid for you for maybe the last two years and copy of your contract with them. (you'll probably need that translated).
  • 0

All done ;-)


#14 desmond&molly

desmond&molly

    Member

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Posted 22 November 2011 - 09:42 PM

Just another comment. Your wife should also fill out an I-864, even if her income isn't enough, because she is petitioning for you. We submitted an I-864 for my husband (didn't qualify) then his sister who is also a US citizen.
  • 0
Our visa journey:

07/18/11 :: Day 000 Package received at Chicago Lockbox
07/20/11 :: Day 002 Received email/text message notification
07/26/11 :: Day 008 Received Hard Copy NOA1 (I-485 & I-765)
08/12/11 :: Day 025 Received Biometrics Appointment
08/19/11 :: Day 032 Biometrics appointment 11am
09/13/11 :: Day 057 EAD Card Production Ordered
09/19/11 :: Day 063 EAD Card Sent
09/22/11 :: Day 065 USPS left notice couldn't deliver EAD (at old address)
10/07/11 :: Day 081 Appointment letter sent
10/11/11 :: Day 085 Appointment letter received (at new address)
10/13/11 :: Day 087 Congressman's office got tracking number of EAD
10/21/11 :: Day 101 EAD sent back to USCIS
10/25/11 :: Day 105 EAD resent (current address)
10/27/11 :: Day 107 EAD Card Received
11/16/11 :: Day 121 Interview - Approved and card production ordered!
11/25/11 :: Day 130 GC arrived in the mail

#15 Soapz

Soapz

    Member

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Posted 23 November 2011 - 01:42 AM

I read that here somewhere - can't find it right now though. I don't think either option is going to be an issue. A is okay if you file concurrently use other if it makes you feel more comfortable.
  • 0

All done ;-)




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