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KMArmenta

Filing I-130 and I-485

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Filed: Other Country: Mexico
Timeline

Hi,

My husband and I are considering doing his I-130 and I-485 applications ourselves, vs. paying a lawyer to do so for us. I have been researching the applications and requirements, and I think I have a pretty good handle on it. I do have a few questions/concerns though and I am hoping someone on this site may have been through the same thing or have suggestions for me.

A little background information on him,

  • He was brought into the USA illegally as a child.
  • He graduated high school here.
  • He has Deferred Action for Childhood Arrivals.
  • He has a valid US drivers license. (It has a red line that says "LEGAL PRESENCE - NO LAWFUL STATUS")
  • He has an Employment Authorization Card.
  • He has a social security number. (The card says "VALID FOR WORK ONLY WITH DHS AUTORIZATION")
  • He has no criminal record.
  • He has Deferred Action for Childhood Arrivals.
  • He applied and was granted advanced parole earlier this year
  • He has a stamped I-94. (Under purpose it has "A.O.S.")

My questions for I-130,

  1. He was born in Mexico and his birth certificate is in Spanish. Do we need to get a translated copy?
  2. Does he have an Alien Registration number?
  3. Part C, #14, What should I put here?
  4. Part C, #19, He resides in the USA and does not have an address abroad. Do I put N/A here?

and for the I-485,

  1. What is the Biometric Services Appointment? What do they do?
  2. Does the civil surgeon fill out the I-693 or do I fill it out based on something they will provide?
  3. I am not sure what to put as his current USCIS status?
  4. Under Part 3, In what status did you last enter? I am unsure of what should go here.
  5. Part 3, Non immigrant visa #, I am not sure what this is?
  6. If he is fluent in English and will not be using an interpreter do we remove and discard the interpreters statement or just put N/A?

That's all I have for now, and tips or advice will be appreciated.

Thanks!


Pre AOS

Brought Illegally to USA in 1996

Gained DACA in October 2013

Applied for advanced parole February 2014

First child born US citizen March 2014

Approved for advanced parole June 2014

Travelled to Mexico July 2014

Returned to USA July 2014 with Stamped I-94

Married US Citizen September 2014

AOS (I-485 & I-130)Mailed to Chicago Lockbox 13February15

Stated delivered on 17February15 (USPS tracking #)

Email and Text G-1145 confirmations 24February15

Hardcopies of receipts arrived 02March15

USCIS website updated to RFE mailed 11March15

Hardcopies of RFE received 16March15

RFE mailed back 26March15

USCIS Status updated to RFE received 1April15

Notice of bio apt arrived, apt was for same day. 10April15

Completed bio apt 10April15
Received interview notice in mail 15June15
Interview scheduled for 16July15

Awarded conditional 2 year residency 16July15

Joined US Navy DEP with a leave date of 15Sept16

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Has he departed and re-entered the US at least once using his AP? I assume since he has an I-94 then this is the case.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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~~moved to AOS from work, tourist, or visitor visas from IR1/CR1 process and procedures as that forum will be more appropriate~~



You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Other Country: Mexico
Timeline

Hypnos, Yes he departed and re-entered the US using his Advanced Parole in July, 2014. He has the stamped I-94, it has "A.O.S." and an eleven digit number on it.


Pre AOS

Brought Illegally to USA in 1996

Gained DACA in October 2013

Applied for advanced parole February 2014

First child born US citizen March 2014

Approved for advanced parole June 2014

Travelled to Mexico July 2014

Returned to USA July 2014 with Stamped I-94

Married US Citizen September 2014

AOS (I-485 & I-130)Mailed to Chicago Lockbox 13February15

Stated delivered on 17February15 (USPS tracking #)

Email and Text G-1145 confirmations 24February15

Hardcopies of receipts arrived 02March15

USCIS website updated to RFE mailed 11March15

Hardcopies of RFE received 16March15

RFE mailed back 26March15

USCIS Status updated to RFE received 1April15

Notice of bio apt arrived, apt was for same day. 10April15

Completed bio apt 10April15
Received interview notice in mail 15June15
Interview scheduled for 16July15

Awarded conditional 2 year residency 16July15

Joined US Navy DEP with a leave date of 15Sept16

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Then he's certainly eligible to file for AoS. On to your questions:

I-485

1) It's them taking a photograph and capturing his fingerprints electronically. If it took more than five minutes I'd be surprised, as that's how long it took me.

2) You can fill out the biographical information at the top of the I-693 and then take that copy with you to the civil-surgeon, but they have to fill out all the rest of it. Sometimes they like to fill all of it in themselves.

3) "Paroled" or "Parolee".

4) Same as (3).

5) I would enter "N/A - DACA".

6) Leave that part blank.

I-130

1) Yes, although if you or he is fluent in both languages he can translate a copy himself.

2) Yes. It should be listed on his EAD as "USCIS #".

3) "Parolee".

4) "None".

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Other Country: Mexico
Timeline

Thank you, Hypnos, for your answers so far!

Here's a tricky question.

We are married with a baby but retain separate addresses. I am in a lease that I cannot break without severe monetary penalties and he is not eligible to move in here without being a permanent resident. On the I-130 number 20, what would be the best way to handle this? With a continuation sheet to explain the situation?

Thanks!


Pre AOS

Brought Illegally to USA in 1996

Gained DACA in October 2013

Applied for advanced parole February 2014

First child born US citizen March 2014

Approved for advanced parole June 2014

Travelled to Mexico July 2014

Returned to USA July 2014 with Stamped I-94

Married US Citizen September 2014

AOS (I-485 & I-130)Mailed to Chicago Lockbox 13February15

Stated delivered on 17February15 (USPS tracking #)

Email and Text G-1145 confirmations 24February15

Hardcopies of receipts arrived 02March15

USCIS website updated to RFE mailed 11March15

Hardcopies of RFE received 16March15

RFE mailed back 26March15

USCIS Status updated to RFE received 1April15

Notice of bio apt arrived, apt was for same day. 10April15

Completed bio apt 10April15
Received interview notice in mail 15June15
Interview scheduled for 16July15

Awarded conditional 2 year residency 16July15

Joined US Navy DEP with a leave date of 15Sept16

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Yes I think so. Don't forget that the I-130 is your application and would need to have your address on it; the I-485 would be your husband's application and would need his address. It's very likely you would asked about these separate living arrangements, so make sure you have a cogent explanation ready, together with as much proof of a bona fide relationship and marriage as you have.

It does sound slightly strange that he cannot live with you.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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