mailed I-485 a week ago, but forgot to include I-131

[mervin338 2]

Do I need to take new passport photos of my wife, and provide copies of all her passport pages again if I forgot to mail form I-131 along with her change of status forms? I'm thinking I won't, but I wanted to see what other people thought.

I mailed her I-485 literally 5-6 days ago, so it's still being processed obviously.

Edited October 28, 2014 by mervin338

[Ian H. 207]

You have to wait for the NOA1, then send a copy of it with the I-131.

[mervin338 2]

 

You have to wait for the NOA1, then send a copy of it with the I-131.

 

Thanks for the reply. I'm a bit confused though.

I've read many people say they sent it off at the same time as their I-485, or shortly thereafter, well before they received a notification of action letter.

Edited October 29, 2014 by mervin338

[TBoneTX 45,486]

*** Thread moved from K-1 Process forum to the main AOS/Family-Based forum -- OP is past the K-1 phase. ***

[mervin338 2]

My apologies for posting in the wrong forum.

[Ian H. 207]

I don't know about that. That I'm aware of you either have to send it with the AOS, or with the NOA1 for the AOS, in order for it to be free. The NOA1 takes like 2 weeks to receive, it's the receipt for the application.

[mervin338 2]

 

I don't know about that. That I'm aware of you either have to send it with the AOS, or with the NOA1 for the AOS, in order for it to be free. The NOA1 takes like 2 weeks to receive, it's the receipt for the application.

 

Well, if it's only 2 weeks than I'll consider just waiting. My wife is the one getting on my case about this and wanting me to send it off immediately. She's mad that she hasn't been able to see her mother in so long and she's itching to go home to Russia to go see her. She's even more irritated that I didn't mail off this document with I-485 paperwork last week. I think I'll call USCIS tomorrow and see if someone can clarify this.

Edited October 29, 2014 by mervin338

[Ian H. 207]

Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007.

Those instructions are from the I-131. From that it's clear that you can't submit the application without the NOA1 for the AOS. Did you send the I-765 as well? If not, you should send that as well. The EAD/AP can take up to 3 months to be issued, so your wife wouldn't be able to travel until this doc is in her hand. By the way, if you sent the I-765 already, you would receive a separate AP doc, which I believe is in the form of a letter.

[mervin338 2]

Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007.

Those instructions are from the I-131. From that it's clear that you can't submit the application without the NOA1 for the AOS. Did you send the I-765 as well? If not, you should send that as well. The EAD/AP can take up to 3 months to be issued, so your wife wouldn't be able to travel until this doc is in her hand. By the way, if you sent the I-765 already, you would receive a separate AP doc, which I believe is in the form of a letter.

Yep, I sent off the I-765 with the I-485.

You seem to know what you're talking about a lot more than I do, regarding the I-131, so I'll probably just wait for the AOS letter at this point. LOL, and you should never put it past my wife to do whatever she wants, regardless of what USCIS wants her to do. There's no doubt in my mind she'd get on a plane and fly home to Russia, regardless of what documents USCIS gives here, if she decides they're taking too long to process them, and then leave me with the nightmare of trying to figure out how to get her back to the US. Russian women are crazy this way.

[Dave&Roza 748]

Yep, I sent off the I-765 with the I-485.

You seem to know what you're talking about a lot more than I do, regarding the I-131, so I'll probably just wait for the AOS letter at this point. LOL, and you should never put it past my wife to do whatever she wants, regardless of what USCIS wants her to do. There's no doubt in my mind she'd get on a plane and fly home to Russia, regardless of what documents USCIS gives here, if she decides they're taking too long to process them, and then leave me with the nightmare of trying to figure out how to get her back to the US. Russian women are crazy this way.

You will just have to convience her that if she does get that wild hair to leave, she will be able to vist her mother for a very long time as you will be force to file for a spousal visa and wait about a year for it to be approved. How long has she been apart from her mother anyway? What's a few more months? If she does leave before the advance parole (AP) or GC is issued the AOS wil be denied and that is when you have to file the spousal visa if she wants to return.

Good luck,

Dave

[Ian H. 207]

Yes, she needs to be aware that if she leaves the US without the AP, she will not be let back in, and it could be a year or more before she will come back. You would have to file an I-130 which takes 6 to 8 months, then do visa processing, not to mention that you would lose all the fees you have paid thus far.

If she has compelling reasons to visit her mother, like if her mother is sick or something, she may be able to request an expedite with the I-131. Here is a link with info about expedite:

http://www.uscis.gov/forms/expedite-criteria

[kitthekat 1,317]

Do I need to take new passport photos of my wife, and provide copies of all her passport pages again if I forgot to mail form I-131 along with her change of status forms? I'm thinking I won't, but I wanted to see what other people thought.

I mailed her I-485 literally 5-6 days ago, so it's still being processed obviously.

Yes, you need to submit passport photos and all the supporting evidence required for the I-131 as this form is processed separately from the I-485 (adjustment of status) form.

From the I-131 instructions, what is needed:

1. Copy of photo ID (e.g. passport biographical details page)

2. Copy of document showing present status (e.g. K1 visa page in passport)

3. Copy of USCIS receipt (I-485 NOA1)

4, 2 passport sized photographs taken within 30 days

Follow the sample I-131 form on VJ: http://www.visajourney.com/examples/INS-Form-I-131.pdf. Include a freshly filled G-1145 if you wish to receive text/email notifications once the I-131 forms have been received.

[mervin338 2]

Yes, you need to submit passport photos and all the supporting evidence required for the I-131 as this form is processed separately from the I-485 (adjustment of status) form.

From the I-131 instructions, what is needed:

1. Copy of photo ID (e.g. passport biographical details page)

2. Copy of document showing present status (e.g. K1 visa page in passport)

3. Copy of USCIS receipt (I-485 NOA1)

4, 2 passport sized photographs taken within 30 days

Follow the sample I-131 form on VJ: http://www.visajourney.com/examples/INS-Form-I-131.pdf. Include a freshly filled G-1145 if you wish to receive text/email notifications once the I-131 forms have been received.

Very helpful. That's exactly what I wanted to know; albeit it's annoying that I have to submit more passport photos and all the other nonsense required - again.

[mervin338 2]

You will just have to convience her that if she does get that wild hair to leave, she will be able to vist her mother for a very long time as you will be force to file for a spousal visa and wait about a year for it to be approved. How long has she been apart from her mother anyway? What's a few more months? If she does leave before the advance parole (AP) or GC is issued the AOS wil be denied and that is when you have to file the spousal visa if she wants to return.

Good luck,

Dave

She knows, believe me. I was just trying to say she's hot blooded and she has unreasonable expectations sometimes. She's been here for less than a year. I waited several months after we got married to file the I-485 papers, which admittedly, I shouldn't have done. But that's a whole different story I don't want to address.

[mervin338 2]

An update, just to document my case which may be helpful to other members:

I wound up accidentally omitting some info that I was supposed to send in with the I-485, so they mailed everything back to me and said to provide my tax returns and banking data. I thought I'd included both, but I guess I didn't. Regardless, I was glad they returned my documents because it gave me the opportunity to resubmit the I-485 with the I-131 that's I'd previously neglected.

And for the record, you don't need to submit more than 2 passport photos with the I-485, I-765 and the I-131, provided you submit them all together. I sent in only 2 and they approved the application the 2nd time around, no problems. We did biometrics in December and 2 days ago she finally got her EAD card. I'm still waiting for the travel documents and the I-485 approval letter. According the the USCIS website, my case was approved about 10-12 days ago.

Edited February 27, 2015 by mervin338