Submitting doubles

[hgdfjdfghgfr 0]

Here is my question: If we are filing the I-485, I-864, I-765, and I-131 - some of these applications require the same supporting documents. So do we make a copy for each application or only need to have the ones that are with the I-485.

[okspider 0]

Here is my question: If we are filing the I-485, I-864, I-765, and I-131 - some of these applications require the same supporting documents. So do we make a copy for each application or only need to have the ones that are with the I-485.

I am just guessing here, but I am thinking if you are filing all those applications separately, then you need to include supporting documents with each application you send in (even if they are the same.)

[VanessaTony 3,567]

Once the file arrives where it's supposed to be, it will be split up into AOS, EAD and AP. I think it's better to make sure all the documents for each application is WITH each application, rather than hope the person who has your AP knows the supporting docs are with your AOS.

[JimVaPhuong 4,863]

We provided exactly what was listed in the VJ K1 AOS guides.

http://www.visajourney.com/content/k1k3aos

We divided everything into separate packets for each applicant (one K1 and two K2's), but we didn't divide them according to application (AOS, EAD, AP).

We didn't submit separate copies of anything. Only the two photos mentioned in the guides, one copy of the passport, one copy of the I-94, one copy of the birth certificate, one copy of the marriage certificate, blah blah blah. Just like the guides describe.

We were approved for the AP, EAD, and AOS, all without RFE's or any other problems.

[hgdfjdfghgfr 0]

Thanks Jim! your answer was very helpful, I especially was wondering about the passport photos because I really don't want to get buy more.

Also, if someone can give me feedback on my cover letter, because I am planning on submitting everything tomorrow. The way I have everything listed is exactly how my documents are assembled in my package, there are no doubles to compinsate for each application:

Nature of the Submission: IMMEDIATE RELATIVE (SPOUSE) FAMILY BASED ADJUSTMENT OF STATUS (I-485) WITH A CONCURRENT I-131, I-864 and I-765 FILING

To Whom It May Concern:

U.S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680- 4120

Enclosed please find my Form I-485, Application to Adjust Status; Form I-765, Application For

Employment Authorization; Form I-131, Application for Travel Document; and supporting documents

Contents include:

*I-485 Application to Register Permanent Residence or Adjust Status

• Copy of Passport (Biographical page as well as stamps and K-1 Visa)

• Copy of form I-797 Notice of Action (I-129F Approval Notice) and form I-797C, Notice of Action (I-129F Receipt Notice)

• Copy of Form I-94 (Front and Back)

• Copy of International Birth Certificate (With English Translation)

• Copy of Marriage Certificate

• Two(2) Passport Type Photos

• Form G-325A, Biographic Information Sheet

• Form I-693, Medical Examination of Aliens Seeking Adjustment of Status (In Sealed Envelope)

• Copy of Vaccination Documentation Worksheet

*I-864 Affidavit of Support

• Federal income tax returns for 2007, 2008, 2009 and W-2 for 2009

• Six most recent pay stubs

• Proof of Military Service

• Copy of Passport Page

*I-765 Application for Employment Document

*I-131 Application for Travel Document

*Form G-1145, E-Notification of Application/Petition Acceptance

Copies of documents submitted are exact photocopies of unaltered documents and I understand

that I may be required to submit original documents to an Immigration or Consular officer at a later date.

Sincerely, Larissa Nascimento Rossiter

Signature: ____________________________ Date: __________________________

[VanessaTony 3,567]

There is an AOS thread in my signature that has all the documents you need to send listed in it, including example cover letters.

Good luck.

[JimVaPhuong 4,863]

Thanks Jim! your answer was very helpful, I especially was wondering about the passport photos because I really don't want to get buy more.

Yeah, I was wondering about the photos when we prepared our AOS package. Each of the three forms asks you to submit photos, but I would presume that the guides would have been revised if people were having problems for not submitting separate photos for each form. The guides say to submit only two photos. I've since come to learn that USCIS scans the photos into their computer system when they begin processing the package, and they only actually use that photo on the AP document. The EAD and green card both use the photo taken at the biometrics appointment.

[VanessaTony 3,567]

We provided exactly what was listed in the VJ K1 AOS guides.

http://www.visajourney.com/content/k1k3aos

We divided everything into separate packets for each applicant (one K1 and two K2's), but we didn't divide them according to application (AOS, EAD, AP).

We didn't submit separate copies of anything. Only the two photos mentioned in the guides, one copy of the passport, one copy of the I-94, one copy of the birth certificate, one copy of the marriage certificate, blah blah blah. Just like the guides describe.

We were approved for the AP, EAD, and AOS, all without RFE's or any other problems.

The guides quite clearly states that you are to submit photos AND supporting documents for the I-131 and the I-765 (numbers 13 and 14). The form instructions also say that. So does the AOS thread in my signature.

I am happy that you had no issues but I believe it should be encouraged to follow the form instructions (and the guides in this case also concur about supporting documents and photos) and not tell people to not include duplicate otherwise YOU are at fault when they get an RFE for lacking info. It is also common knowledge that USCIS likes to make life difficult, so better to err on the side of caution.

Also, could you please update your profile to reflect "AOS approved"?? That way people know what's going on.

Edited October 16, 2010 by Vanessa&Tony

[JimVaPhuong 4,863]

The guides quite clearly states that you are to submit photos AND supporting documents for the I-131 and the I-765 (numbers 13 and 14). The form instructions also say that. So does the AOS thread in my signature.

I am happy that you had no issues but I believe it should be encouraged to follow the form instructions (and the guides in this case also concur about supporting documents and photos) and not tell people to not include duplicate otherwise YOU are at fault when they get an RFE for lacking info. It is also common knowledge that USCIS likes to make life difficult, so better to err on the side of caution.

Also, could you please update your profile to reflect "AOS approved"?? That way people know what's going on.

I never said not to include supporting documents. Neither the guides nor the form instructions say you need to submit multiple copies of the supporting documents, one for each form you submit, nor that you need to divide the package into separate packets for each form. If anything, I would think that might risk the processor presuming that each packet is a separately filed application, rather than three concurrently filed applications - AOS, EAD, and AP.

If I thought that we had significantly deviated from the requirements but managed to get away with it then I wouldn't suggest to anyone else to do the same. I don't think we did. I think it's acceptable to send only one copy of the required supporting documents.

[VanessaTony 3,567]

I never said not to include supporting documents. Neither the guides nor the form instructions say you need to submit multiple copies of the supporting documents, one for each form you submit, nor that you need to divide the package into separate packets for each form. If anything, I would think that might risk the processor presuming that each packet is a separately filed application, rather than three concurrently filed applications - AOS, EAD, and AP.

If I thought that we had significantly deviated from the requirements but managed to get away with it then I wouldn't suggest to anyone else to do the same. I don't think we did. I think it's acceptable to send only one copy of the required supporting documents.

But you are aware the packets are separated once they arrive at Chicago and sent to different places? They are in fact, separate applications. They are filed "concurrently" meaning filed at the same time, but they do not form one packet and they are not processed at the same time or in the same way.

You said to only include one copy of supporting documents for the entire AOS, EAD and AP submission, thus asking the OP to ignore both the form instructions and the guides. The guide does actually say to submit the supporting documents for each. It does not say "multiple" because each application is treated seperately. As I said before, while filed concurrently, they do not form one application. If this were so, someone not filing AP or EAD would be found deficient in their application because these forms were missing. These forms are optional and not part of the AOS process, they are technically separate from it... just filed at the same time to save money. If I were to send off for AP or EAD after filing AOS (but before it was approved) would you suggest I not include the supporting documentation? After all you state if I do so I run the risk of them thinking they aren't being filed as a part of AOS.. so do I just assume that they'll carry the documents from AOS across to my EAD and AP now that I've filed them? Or is the advice to not include "multiples" restricted to concurrent filing?

The form instructions also calls on specific documents to be attached. If you attach only one copy of each document, you do not abide by the form instructions as you are excluding information from one form in order to attach it to another. I draw your attention here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72a927c382f39110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD to the USCIS guide for filing documents. It does mention in the I-765 instructions to file as per that forms instructions, not the I-485 instructions. This would be because EAD is not AOS. It is technically not even related to AOS otherwise it would be mandatory to file for it, and it is not.

AP and EAD are separate from AOS, as they are from each other. Like I said before, you were lucky that you had no issues by supplying insufficient information for your I-485. Again I state, "I am happy that you had no issues but I believe it should be encouraged to follow the form instructions (and the guides in this case also concur about supporting documents and photos) and not tell people to not include duplicates otherwise YOU are at fault when they get an RFE for lacking info. It is also common knowledge that USCIS likes to make life difficult, so better to err on the side of caution."

I will further add, technically you are not adding "multiples" to the application. You are filing several applications at once, and it just so happens that those documents require some of the same evidence. Treat each application as it is meant to be, as separate forms that you just put in the same envelope when mailing (and even then, EAD and AP can be filed after AOS as long as it's before AOS is approved and if the AOS NOA1 is included).

Edited October 16, 2010 by Vanessa&Tony

[JimVaPhuong 4,863]

But you are aware the packets are separated once they arrive at Chicago and sent to different places? They are in fact, separate applications. They are filed "concurrently" meaning filed at the same time, but they do not form one packet and they are not processed at the same time or in the same way.

You said to only include one copy of supporting documents for the entire AOS, EAD and AP submission, thus asking the OP to ignore both the form instructions and the guides. The guide does actually say to submit the supporting documents for each. It does not say "multiple" because each application is treated seperately. As I said before, while filed concurrently, they do not form one application. If this were so, someone not filing AP or EAD would be found deficient in their application because these forms were missing. These forms are optional and not part of the AOS process, they are technically separate from it... just filed at the same time to save money. If I were to send off for AP or EAD after filing AOS (but before it was approved) would you suggest I not include the supporting documentation? After all you state if I do so I run the risk of them thinking they aren't being filed as a part of AOS.. so do I just assume that they'll carry the documents from AOS across to my EAD and AP now that I've filed them? Or is the advice to not include "multiples" restricted to concurrent filing?

The form instructions also calls on specific documents to be attached. If you attach only one copy of each document, you do not abide by the form instructions as you are excluding information from one form in order to attach it to another. I draw your attention here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72a927c382f39110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD to the USCIS guide for filing documents. It does mention in the I-765 instructions to file as per that forms instructions, not the I-485 instructions. This would be because EAD is not AOS. It is technically not even related to AOS otherwise it would be mandatory to file for it, and it is not.

AP and EAD are separate from AOS, as they are from each other. Like I said before, you were lucky that you had no issues by supplying insufficient information for your I-485. Again I state, "I am happy that you had no issues but I believe it should be encouraged to follow the form instructions (and the guides in this case also concur about supporting documents and photos) and not tell people to not include duplicates otherwise YOU are at fault when they get an RFE for lacking info. It is also common knowledge that USCIS likes to make life difficult, so better to err on the side of caution."

I will further add, technically you are not adding "multiples" to the application. You are filing several applications at once, and it just so happens that those documents require some of the same evidence. Treat each application as it is meant to be, as separate forms that you just put in the same envelope when mailing (and even then, EAD and AP can be filed after AOS as long as it's before AOS is approved and if the AOS NOA1 is included).

The applications are separated, but they are not adjudicated in complete ignorance of the fact that they were filed concurrently. Both the I-131 and the I-765 also require evidence that you've filed an I-485, but you didn't include that evidence separately when you filed each of these. In order for that to be known when the EAD and AP are adjudicated someone must have gone through your packet and noted that both applications were submitted concurrently with the I-485, and they must have done this before your applications were split up and sent off to different service centers for adjudication. They also determine if the required supporting evidence for all of the forms is included before splitting them up and sending them off. Since the I-485 is the petition upon which both the I-131 and I-765 are dependent, the supporting evidence is sent with the I-485. I know because I saw it in the file at the interview.

I don't believe I was lucky. Nobody is that lucky, especially not when dealing with USCIS. I provided all of the supporting evidence they require, and included all of it in the same packet. There would have been no reason for them to deny any of the applications simply because they didn't think I included enough copies of the supporting documents. They scan most of these documents into their database, anyway.

I'll eat those words if you can show me someone who included all of the required supporting documents, but got an RFE because they didn't send enough copies of those documents.