Make an FAQ for adjustment of status

[Hypnos 6,576]

There's a few questions that regularly come up every few weeks, sometimes every couple of days, and I am thinking it would be a good idea to have an FAQ answering some of these very simple questions so they don't continue to be asked ad nauseam.

Examples would be:

- What application type should I check for the I-485, Part 2 (the answer is never lupus but almost always A).

- Do K-1s accrue overstay if they marry within their 90 days but don't file for AoS immediately (the answer is they do).

- Can you file I-765s and I-131s after filing the I-485 if you didn't file them already? Is the fee still waved? (answer: yes and yes).

And probably a bunch of others. I could trawl through the mail AoS forums and gather some more, and of course people could post them in this thread too.

I'd be fine writing something like this up, if one of the site admins agrees it's a good idea. If they don't, well that's that.

Edited June 26, 2014 by Hypnos

[Harpa Timsah 13,258]

Good idea.

I would add, off the top of my head, "I got two card productions emails! What does it mean?"

Application type for K-1 AOS is C, though. You'd have to differentiate between the two.

[Merrytooth 5,748]

VJ does have the FAQ section http://www.visajourney.com/faq/k1k2visa-aos.html

Probably the link is not prominent enough for people to take note .

[Hypnos 6,576]

Interesting. That is the first time I have laid eyes on that.

I was thinking of a post that could actually be stickied at the top of the two AoS forums though; as you say that FAQ is not exactly prominently displayed. Also, that guide seems to be specifically catered to K adjustments only.

Edited June 27, 2014 by Hypnos

[Kathryn41 3,205]

I think it is a good idea as well. If you would like to start work on setting a thread like that up I can certainly recommend that it be stickied. There aren't any stickies right now in the AOS from a visitor, work or student visa forum so that might be a good place to start, since there is something already that is geared toward K-1 adjustments.

Another question to add for that forum particularly would be 'why is my petition not considered a family based petition? I married my spouse and he/she is sponsoring me?'

Thanks for the suggestion.

[Hypnos 6,576]

I will try to get a first draft knocked out here in the next couple of days then.

Perhaps we could use two different posts, with each one slightly different depending on K-1 or work / tourist adjustment (B-2, F-1, J-1, H-1B, etc.)?

Edited June 27, 2014 by Hypnos

[Hypnos 6,576]

What I have so far:

Q: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status?

A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option.

It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista).

If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet.

Q: On the I-485 part 2, what application type should I select?

A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130.

If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C.

Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived?

A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived.

Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean?

Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong?

A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about.

Still got a few more to add. I'm going to add one about whether a K-1 needs to have an I-693 medical performed within the US. Someone has a really good post about it that I'm trying to find. Does anyone happen to have a link to it?

Edited June 27, 2014 by Hypnos

[KayDeeCee 4,893]

Good idea, and just wanted to say that I really liked the never Lupus reference.

Nich-Nick's I-693 post > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

[Hypnos 6,576]

That's the one I was looking for. Thanks!

[Hypnos 6,576]

Q1: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status?

Q2: I was visiting my boyfriend / girlfriend and we spontaneously decided to get married. Can I stay and adjust status?

A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option.

It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista).

If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet.

Q: On the I-485 part 2, what application type should I select?

A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130.

If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C.

Q: I'm adjusting from a K-1 and already had a medical performed overseas within the past year. Do I need to have another medical performed by a civil-surgeon and get an I-693 completed?

A: You may or may not. See Nich-Nick's excellent post which explains if you need to have another medical performed: http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

Q: I entered on a K-1 and married within 90 days, but haven't yet filed for adjustment of status. My I-94 has expired, can I still file?

A: Yes. When your I-94 expired then your period of authorised stay ended and you became illegally present in the US, incurring overstay. A spouse of a US citizen is an immediate relative though, and as such, overstay does not prevent them from adjusting status. You must only have entered the country legally, not necessarily maintained your nonimmigrant status. As soon as USCIS accept your I-485 for processing then your overstay clocks stops (if you filed after your I-94 expired) and you are placed in a new period of authorised stay which will persist until your I-485 is adjudicated, however long that takes.

Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived?

A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived.

Q: My I-485 is still pending, but my AP and / or EAD are about to expire. Can I renew them? Do I need to pay a fee?

A: Yes. You should file for a replacement AP and / or EAD 120 days before your current documents will expire, if your I-485 is still pending. Enclose a copy of your I-485 receipt NOA with your renewal applications and your new documents will be processed without charge.

Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean?

Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong?

A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about.

Updated. Kathryn, I don't fully understand the question you said to include that you posted above. Maybe I'm being dense, but I'm just not getting it.

Any other ideas? I'm trying to keep it short enough to be accessible, but comprehensive enough that it answers most of the common questions that keep cropping up.

Edited June 30, 2014 by Hypnos

[Harpa Timsah 13,258]

In the first question, I would specify that either a NOA1 or NOA2 from a previously filed I-130 can be added to the I-485 package. Some people think they must wait for I-130 approval (and your guide just says NOA).

I think what Kathryn is talking about is the rationale for the separate AOS forums. That might also help with the monthly filers threads. I see the April 2014 thread, and probably many others, are all mixed with different AOS's.

Which remind me, what about a question about the interview? Specify that K-1 AOS can have the interview waived, while a concurrent AOS will have a mandatory joint interview. I see a few concurrent AOS people in the K-1 AOs monthly thread hoping for no interview.

[KayDeeCee 4,893]

I believe Kathryn was referring to those that think they should post in the AOS from Family Based Visas forum because they are married to a USC and now it is a marriage based 'family' AOS. Some have insisted they belong in that category because they are married and it does not matter that they entered with a work/student/tourist visa, which is what they are really adjusting from.

As Harpa said, the progress threads are all mixed up and some think the timing for each type of visa adjustment is the same and perfectly comparable. And I agree about adding in the info about those filing from the K-1 can get the interview waived, but those from other visa types filing the I-130 and I-485 concurrently will definitely interview.

I guess somehow explain the difference between entering with a family based or some other type of visa, and that the filing and processing is different, and then link to the correct forums for each type.

[Hypnos 6,576]

Ah, thanks for the explanations. I will knock out an update with those changes.

Edited June 30, 2014 by Hypnos

[Kathryn41 3,205]

Thanks, Hypnos .

I have moved the most recent draft of the FAQ to the AOS from Visitor, Student and Work visa forum and pinned it in the forum as I think we have a working thread that can be further developed or added to in that thread. You can find the link here: http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

[Hypnos 6,576]

Thank you.

Could you remove the final line of my post please, where I talk about it being a draft? I wish there was a longer edit timeout on these forums.