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Go-Kart Mozart

Final Check

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Thanks everyone for helping me out so far. If you have a second, please glance down the following and let me know if any seems amiss.

First the situation:

Currently on H1-B, expires September 2014. Married to USC. Looking to perform AOS to conditional permanent residency.

I will have to leave the country for a business/pleasure trip in August. I think this is OK for H1-B people like me to re-enter on H1-B while AOS'ing.

My application1:

  • Cover letter2 with packing list

I-130 documents:

  • One passport-sized photo of each of us
  • Check for $420
  • Form I-130
  • Copy of my birth cert and a copy of USC berth cert
  • Copy of marriage cert
  • G-325a for me. G-325a for USC
  • Joint lease
  • Letter from bank describing joint accounts
  • Proof of life insurance
  • Copies of joint health insurance plans
  • A bunch of photos

I-485 documents:

  • Check for $1070
  • Form I-485
  • Copy of my berth cert
  • Full copy of passport, with visa(s) past and present, H1-B notice of approval, I-94 card
  • Two passport-style photos of me
  • Form I-693 (Sealed)
  • Form G-325a for me
  • Form I-864 from USC
  • Copy of USC's most recent tax return and W-2
  • Letter from my employer indicating my job/salary will continue should I attain PR status



1. Paper-clipped together per this thread.

2. Have referred to myself as the beneficiary/applicant for I-130/I-485 and USC as petitioner/sponsor for I-130/I-485

Edited by Go-Kart Mozart

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Since the I-765 and I-131 applications for temporary work and travel permission are free to file with I-485/I-130, why not file them? You don't have to use them, but if you were to lose your job or have a new employment opportunity then they would be handy to have.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Well, if his H1-B expires in 2014, he might not have to fill out the i-765, although I'm not sure if his H1-B will still be valid after he filled the AOS. You might want to check that out.

However for the i-131, you should send it along with the i-485, especially if you want to travel in August ! (it can tale up to 90 days..).

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H1B is dual intent so he can travel while AOS is pending.

You say you have a letter for yourself about you continuing your job. Does that mean that you used you income on the I-864? If so, then you need tax returns and a letter of employment (or 6 months of paystubs).

Is your Birth cert in English? If not, you need a translation.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

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Thanks guys

Yes, everything is in English so no translations required.

Good point regarding the I-864. The USC has low income, I have an average middle-class-for-my-area type income. I'll include my returns and a letter from my employer since that makes intuitive sense and will provide more proof. Are you sure that's in the instructions though? I am part of her (the USC's) household so she can include me under part 6a-9c of the I-864. I do not need the I-864a since I have no accompanying dependents.And Question 13 then asks for the tax return of the USC only.

For the I-131: As Harpa stated, I am H1-B and should therefore be able to re-enter with immigrant intent. Is there an online government source for this? This is the last thing I want to check with my employer's attorneys since it is critical.

As far as the I-765 goes; my job should be secure enough the processing time. The vast majority of jobs in my industry also seem to require the employee to be citizen or LPR. So I'm not sure that EAD would help in the short term? Plus I don't want the come-get-fingerprinted date to fall on my August trip.


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You will still need to get fingerprinted.

It talks about the effect of leaving with I-485 pending in the instructions, I believe.

For I-864, it's also in the instructions that you can add your income to your spouse's. But you always need proof of income for people on the affidavit.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

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