Jump to content
japanrecruit

I-131 (I know it's beat to death, hear me out)

4 posts in this topic

Recommended Posts

Hey guys, just got married to my wife who was on a K1. Filing for AOS now, and the Advanced Parole doc is confusing me. I know this topic is recurrent here (the humanitarian vs normal argument), I know we are entitled to file without reasoning due to filing the 131 concurrently with the AOS. My question is, it asks for a "receipt" from USCIS stating that an application has been filed. But, since we will be including the form with the application, no receipt obviously. I'm sure it's "common sense" that because we will be including it in the actual, physical AOS application, USCIS will know that it is concurrent, but just wanted to know what everyone else did, or if I'm missing something.

Tl;dr : No "receipt" required and just send in the document with no proof, or attach something else?

Share this post


Link to post
Share on other sites

~~Moved to AOS Family from K1 P&P - As the OP is asking about the AOS and AP.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

Hey guys, just got married to my wife who was on a K1. Filing for AOS now, and the Advanced Parole doc is confusing me. I know this topic is recurrent here (the humanitarian vs normal argument), I know we are entitled to file without reasoning due to filing the 131 concurrently with the AOS. My question is, it asks for a "receipt" from USCIS stating that an application has been filed. But, since we will be including the form with the application, no receipt obviously. I'm sure it's "common sense" that because we will be including it in the actual, physical AOS application, USCIS will know that it is concurrent, but just wanted to know what everyone else did, or if I'm missing something.

Tl;dr : No "receipt" required and just send in the document with no proof, or attach something else?

It's not common sense. The instructions specifically say:

"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."

:) So... receipt only needed IF not submitted together


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Share this post


Link to post
Share on other sites

Hi there

I was browsing the forum looking for anyone who might have had issues with the I-131 being rejected for the incorrect fee. I filed the I-485, I-765, I-131 and my spouse's I-130 concurrently to the Chicago Lockbox all within the same envelope AND with a cover sheet showing the contents. Although it clearly states that the fee for the I-131 is waived if filed together, mine was still rejected. Apparently it's been happening a lot --the agents not marrying up the documents properly before they get shipped off to the National centres for processing.

If I can offer any advice to spare you the hassles I'm currently going through, you may consider using a post it note or something on your I-131 application to reference the fact that it was filed at the same time as the I-485. Otherwise once it goes for processing, they'll look for a cheque, won't find one because it's gone with the I-485 and possibly reject your application for no reason. And note, they did accept the other applications just fine and cashed both the application fee and biometrics fee so obviously we did submit the correct fees.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×