I-130 + I-485 Concurrent Filing Checklist?

[Cory and Miana 0]

Hello! My wife and I are married in October and she is from Romania. We are starting the process to file for her Adjustment of Status and for her to become a citizen. So far, this is what our cover letter and package contents include:

Table of Contents

IMMEDIATE RELATIVE (SPOUSE) FAMILY BASED ADJUSTMENT OF STATUS (I-485) WITH A CONCURRENT I-130 FILING

Form G-1145 E-Notification of application/petition acceptance

Personal Check in the amount of US $1,070 payable to U.S. Department of Homeland Security

Personal Check in the amount of US $420 payable to U.S. Department of Homeland Security

Form I-130 Petition for Alien Relative Package

Form I-130 (Petition for Alien Relative)

Copy of US Citizen’s Birth Certificate

Copy of US Citizen’s Driver’s License

Copy of Beneficiary’s Birth Certificate (in English)

Copy of Beneficiary’s Birth Certificate (Non-Translated)

Copy of Beneficiary’s Passport (biographical page, visa stamp, I-94 card front and back)

Copy of marriage certificate

G325A signed by US Citizen

G325A signed by beneficiary

Passport photo of US Citizen (placed in a small plastic bag , labeled with full name)

Passport photo of beneficiary (placed in a small plastic bag, labeled with full name)

Evidence of Bona fide Marriage:

Copy of our joint bank account with statement of account

Copy of our 2 credit cards

Selection of pictures that document relationship and marriage

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

Form I-485 (Application to Register Permanent Residence or Adjust Status)

Copy of Birth Certificate (US Citizen & Beneficiary)

Copy of passport's biographical page (all pages)

Copy of visa stamp

Copy of I-94 card (front and back)

Copy of Marriage Certificate

G325A signed by US Citizen

G325A signed by beneficiary

Two passport-type pictures of US Citizen (placed in a small plastic bag, labeled with full name)

Two passport-type pictures of beneficiary (placed in a small plastic bag, labeled with full name)

I-693 Report of Medical Examination and Vaccination Record (Sealed in an envelope)

I-864 Affidavit of Support (Petitioner will use 2010 & 2011)

Copy of Sponsor’s W-2 Form (2010 & 2011)

Copy of Sponsor’s 1040 (2010 & 2011)

Also each package has a cover letter with a table of contents in case they are separated. Is this good? Anything I should change?

Thanks so much,

Miana and Cory

[kzielu 1,147]

Hello! My wife and I are married in October and she is from Romania. We are starting the process to file for her Adjustment of Status and for her to become a citizen. So far, this is what our cover letter and package contents include:

Table of Contents

IMMEDIATE RELATIVE (SPOUSE) FAMILY BASED ADJUSTMENT OF STATUS (I-485) WITH A CONCURRENT I-130 FILING

Form G-1145 E-Notification of application/petition acceptance

Personal Check in the amount of US $1,070 payable to U.S. Department of Homeland Security

Personal Check in the amount of US $420 payable to U.S. Department of Homeland Security

Form I-130 Petition for Alien Relative Package

Form I-130 (Petition for Alien Relative)

Copy of US Citizen’s Birth Certificate

Copy of US Citizen’s Driver’s License

Copy of Beneficiary’s Birth Certificate (in English)

Copy of Beneficiary’s Birth Certificate (Non-Translated)

Copy of Beneficiary’s Passport (biographical page, visa stamp, I-94 card front and back)

Copy of marriage certificate

G325A signed by US Citizen

G325A signed by beneficiary

Passport photo of US Citizen (placed in a small plastic bag , labeled with full name)

Passport photo of beneficiary (placed in a small plastic bag, labeled with full name)

Evidence of Bona fide Marriage:

Copy of our joint bank account with statement of account

Copy of our 2 credit cards

Selection of pictures that document relationship and marriage

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

Form I-485 (Application to Register Permanent Residence or Adjust Status)

Copy of Birth Certificate (US Citizen & Beneficiary)

Copy of passport's biographical page (all pages)

Copy of visa stamp

Copy of I-94 card (front and back)

Copy of Marriage Certificate

G325A signed by US Citizen

G325A signed by beneficiary

Two passport-type pictures of US Citizen (placed in a small plastic bag, labeled with full name)

Two passport-type pictures of beneficiary (placed in a small plastic bag, labeled with full name)

I-693 Report of Medical Examination and Vaccination Record (Sealed in an envelope)

I-864 Affidavit of Support (Petitioner will use 2010 & 2011)

Copy of Sponsor’s W-2 Form (2010 & 2011)

Copy of Sponsor’s 1040 (2010 & 2011)

Also each package has a cover letter with a table of contents in case they are separated. Is this good? Anything I should change?

Thanks so much,

Miana and Cory

Looks good in general, however - your wife is not going to be a citizen for a while - she will be Legal Permanent Resident once she adjust status (Green Card holder). 3 years out if you still married she can apply for citizenship.

For you I-864 - it needs to be complete tax return or IRS transcript. If you had any schedules in addition to your 1040, those need to be included too.

And you may want to apply for AP or EAD - those are free if you file concurrently.

[Cory and Miana 0]

And you may want to apply for AP or EAD - those are free if you file concurrently.

Free? The I-765 and I-131 right?

So when she gets her Permanent Resident status she will need an AP and EAD? Or as a Permanent Resident she wont have to need those forms?

Thanks again for the super fast response!

[milimelo 4,205]

Moving to AOS from work, student, tourist visa.

[Hypnos 6,576]

I-765 and I-131 have no charge when applied with or subsequent to an I-485.

You should not file for an I-131 if there is at least six months of overstay involved, since the AP will not overcome the ban that will be triggered upon exiting the US.

[kzielu 1,147]

Free? The I-765 and I-131 right?

So when she gets her Permanent Resident status she will need an AP and EAD? Or as a Permanent Resident she wont have to need those forms?

Thanks again for the super fast response!

AP and EAD are typically approved within 60-90 days while green card takes longer and in your case will involve interview at local USCIS office. If she wants to work or travel prior to getting residency (green card), then it makes to apply for AP/EAD. If not, then don't bother although I have seen several people here regretting they didn't apply and had to travel due to some emergencies..