About to send docs!! Please check?

[joyceg 0]

Hello, 

 

I am the wife of a current F-1 Visa holder. We got married July 21, 2017 and now we think we are ready to file the AOS documents! We want to make sure that our checklists are complete. I would GREATLY appreciate it if you guys could take a look to see if there's anything wrong/missing! We have no lawyer and we are really nervous to send it for fear that something is incorrect. 

 

About my DH: 

2014: J-1 Visa - D/S (no 2 year wait period)

2015: J-1 Visa - D/S (no 2 year wait period)

2016: F1 Visa, did not apply for OPT 

 

We are concurrently filing the I-130 and I-485. 

 

I-130 Contains:

1.     A check for the amount of $535.00 to cover the filing fee;

2.     Form I-130 Petition for Alien Relative;

3.     Form I-130A, Supplemental Information for Spouse Beneficiary, for the beneficiary;

4.     Petitioner’s U.S. Certificate of Citizenship;

5.     Petitioner’s U.S. Passport;

6.     Marriage certificate of petitioner and beneficiary;

7.     Two (2) photos of the petitioner and two (2) photos of the beneficiary;

8.     Birth Certificate of beneficiary;

9.     Evidence of bona fide marriage.

 

 

I-485 contains: 

1.     A check for the amount of $1140.00 to cover the filing fee;

2.     A check for the amount of $85 to cover the biometrics fee;

3.     Form I-485, Application to Adjust Status

4.     2 recent identical color passport-style photographs of beneficiary

5.     Copies of Beneficiary’s Government Issued Identity with Photograph

6.     Copy of Beneficiary’s Birth Certificate

7.     Certified Translation of Beneficiary’s Birth Certificate

8.     Proof of Inspection and Admission

a.      Passport Page with Admission Stamp and nonimmigrant visa

b.     Copy of Form I-94 (Arrival-Departure Record)

9.     Copy of Marriage Certificate

10.  Evidence of Continuously Maintaining Lawful Status

a.      Copy of I-20, Certificate of Eligibility for Non-Immigrant (F-1) Student Status

b.     Copy of DS 2019, Certificate of Eligibility for J-1 Status (2014)

c.      Copy of DS 2019, Certificate of Eligibility for J-1 Status (2015)

d.     Passport Page with Admission Stamp (2014)

e.      Passport Page with Admission Stamp (2015)

11.  Form 1-864, Affidavit of Support

12.  Petitioner’s Federal Income Tax Returns IRS Transcripts

13.  Proof of Current Employment

14.  Form I-693, Report of Medical Examination and Vaccination Record (enclosed in sealed envelope)

15.  Documentation Regarding J-1 Visitor Status

a.      Copy of Forms DS-2019

b.     Copies of J-1 Visas and Passport Pages with Entry Stamps

c.      Copy of Form I-94

 

I-765:

1.     A check for the amount of $410

2.     Form I-765

3.     Copy of I-94 Form

4.     Copy of Beneficiary’s Government Issued Identity with Photograph

5.     2 recent identical color passport-style photographs of beneficiary

 

I-131 (not applying for advanced parole):

1.     Form I-131

2.     Copy of Beneficiary’s Government Issued Identity with Photograph

3.     Copy of I-94 Form

 

[Mr Geminian 691]

23 hours ago, joyceg said:

Hello, 

 

I am the wife of a current F-1 Visa holder. We got married July 21, 2017 and now we think we are ready to file the AOS documents! We want to make sure that our checklists are complete. I would GREATLY appreciate it if you guys could take a look to see if there's anything wrong/missing! We have no lawyer and we are really nervous to send it for fear that something is incorrect. 

 

About my DH: 

2014: J-1 Visa - D/S (no 2 year wait period)

2015: J-1 Visa - D/S (no 2 year wait period)

2016: F1 Visa, did not apply for OPT 

 

We are concurrently filing the I-130 and I-485. 

 

I-130 Contains:

1.     A check for the amount of $535.00 to cover the filing fee;

2.     Form I-130 Petition for Alien Relative;

3.     Form I-130A, Supplemental Information for Spouse Beneficiary, for the beneficiary;

4.     Petitioner’s U.S. Certificate of Citizenship;

5.     Petitioner’s U.S. Passport;

6.     Marriage certificate of petitioner and beneficiary;

7.     Two (2) photos of the petitioner and two (2) photos of the beneficiary;

8.     Birth Certificate of beneficiary;

9.     Evidence of bona fide marriage.

 

 

I-485 contains: 

1.     A check for the amount of $1140.00 to cover the filing fee;

2.     A check for the amount of $85 to cover the biometrics fee;

3.     Form I-485, Application to Adjust Status

4.     2 recent identical color passport-style photographs of beneficiary

5.     Copies of Beneficiary’s Government Issued Identity with Photograph

6.     Copy of Beneficiary’s Birth Certificate

7.     Certified Translation of Beneficiary’s Birth Certificate

8.     Proof of Inspection and Admission

a.      Passport Page with Admission Stamp and nonimmigrant visa

b.     Copy of Form I-94 (Arrival-Departure Record)

9.     Copy of Marriage Certificate

10.  Evidence of Continuously Maintaining Lawful Status

a.      Copy of I-20, Certificate of Eligibility for Non-Immigrant (F-1) Student Status

b.     Copy of DS 2019, Certificate of Eligibility for J-1 Status (2014)

c.      Copy of DS 2019, Certificate of Eligibility for J-1 Status (2015)

d.     Passport Page with Admission Stamp (2014)

e.      Passport Page with Admission Stamp (2015)

11.  Form 1-864, Affidavit of Support

12.  Petitioner’s Federal Income Tax Returns IRS Transcripts

13.  Proof of Current Employment

14.  Form I-693, Report of Medical Examination and Vaccination Record (enclosed in sealed envelope)

15.  Documentation Regarding J-1 Visitor Status

a.      Copy of Forms DS-2019

b.     Copies of J-1 Visas and Passport Pages with Entry Stamps

c.      Copy of Form I-94

 

I-765:

1.     A check for the amount of $410

2.     Form I-765

3.     Copy of I-94 Form

4.     Copy of Beneficiary’s Government Issued Identity with Photograph

5.     2 recent identical color passport-style photographs of beneficiary

 

I-131 (not applying for advanced parole):

1.     Form I-131

2.     Copy of Beneficiary’s Government Issued Identity with Photograph

3.     Copy of I-94 Form

 

Is your husband still in the US ?

[Mr Geminian 691]

If your husband is already in the US then you don't need to file for I-130. The purpose of I-130 is to bring your partner to the US but since he's already here all you need to do is Adjust the status. You will only be filing I-485, I-765 & I-131. It's upto you if you want to file for I-131 or not. Also, you dont need to pay $410 for I-765(application for work authorization) when you are sending along with I-485 (Application to Register Permanent Residence or Adjust Status) because all three applications will go in the same envelope.

 

The total fees for AOS is $1225 ($1140 + $80 for biometrics) 

[geowrian 22,337]

There's no fees for the I-765 or I-131 when filed with the I-485.

One check for $1225 is fine.

 

3 hours ago, Aviinashh M said:

If your husband is already in the US then you don't need to file for I-130. The purpose of I-130 is to bring your partner to the US but since he's already here all you need to do is Adjust the status. You will only be filing I-485, I-765 & I-131.

No...this is absolutely incorrect. The I-130's purpose isn't to bring anybody to the US. The purpose of an I-130 is to establish a relationship between the petitioner and beneficiary. This is a prerequisite for both AOS and an immigrant visa. Sending an I-485 without having an underlying I-130 petition will cause it to be rejected.

 

The OP is correct in concurrently filing the I-130 and I-485 together in order to AOS as the immediate relative of a USC.

Edited September 25, 2017 by geowrian

[tato2017 41]

@geowrian is correct. You must submit I-130 and single check $1225 is fine.

[Mr Geminian 691]

6 hours ago, geowrian said:

There's no fees for the I-765 or I-131 when filed with the I-485.

One check for $1225 is fine.

 

No...this is absolutely incorrect. The I-130's purpose isn't to bring anybody to the US. The purpose of an I-130 is to establish a relationship between the petitioner and beneficiary. This is a prerequisite for both AOS and an immigrant visa. Sending an I-485 without having an underlying I-130 petition will cause it to be rejected.

 

The OP is correct in concurrently filing the I-130 and I-485 together in order to AOS as the immediate relative of a USC.

My apologies. I should have researched more before commenting here.

[sweetadams 138]

22 hours ago, Aviinashh M said:

My apologies. I should have researched more before commenting here.

We are a family, we learn from each other. The fact that you even responded gave the OP some relieve that someone else took their time to reply. The reason we have expert and Vet in the forum is to correct, educate and assist...... Keep doing your best....

[joyceg 0]

On 9/25/2017 at 12:34 AM, geowrian said:

There's no fees for the I-765 or I-131 when filed with the I-485.

One check for $1225 is fine.

 

No...this is absolutely incorrect. The I-130's purpose isn't to bring anybody to the US. The purpose of an I-130 is to establish a relationship between the petitioner and beneficiary. This is a prerequisite for both AOS and an immigrant visa. Sending an I-485 without having an underlying I-130 petition will cause it to be rejected.

 

The OP is correct in concurrently filing the I-130 and I-485 together in order to AOS as the immediate relative of a USC.

I didn't know that about that there would be no fee, thank you! We still need to pay for the I-130 though, correct?

Thank you everyone for helping me out!

[geowrian 22,337]

Just now, joyceg said:

I didn't know that about that there would be no fee, thank you! We still need to pay for the I-130 though, correct?

Thank you everyone for helping me out!

Correct. No fee for the I-765 or I-131 when filed concurrently with the I-485. Or if you file them afterward, send a copy of the I-485's NOA1 in lieu of payment. See p.16 of the I-485 instructions.

 

Yes, the I-130 still requires payment of $535.

[Mr Geminian 691]

12 hours ago, sweetadams said:

We are a family, we learn from each other. The fact that you even responded gave the OP some relieve that someone else took their time to reply. The reason we have expert and Vet in the forum is to correct, educate and assist...... Keep doing your best....

Thank you for your support and yes I should agree that am still in a learning stage and will keep learning and will keep helping others