Active H-1B to AOS (Spouse family Based) I-130, I-485, I-864, I-765, I-131

theatxbombayguy · October 3, 2017

Current Status:

Marriage Date: July 2017

Me: F1 -> OPT -> H-1B - Active (Expires - 02/2020)

Spouse (wife) - USC

Both of us live in Austin, TX and do not have any other dependents

Threads Reviewed(before posting questions):

http://www.visajourney.com/forums/topic/624525-about-to-submit-aos/

http://www.immi-usa.com/traveling-while-on-h-1b-with-i-485-pending/

Hi All,

I'm a newbie here, like many others, and seeking some help.

Having perused the forums to search for some relevant information - I have some doubts to clarify and some questions.

Thanks to everyone in advance for extending a helping hand and reviewing the content.

Let me start with some questions related to the USCIS forms:

I-130 Application:

Form I-130
- The beneficiary is in the US and will apply for AOS to that of a lawful PR at the USCIS office in: Page 8 - Part 4 - 61.a/62.b - What City/State to list?

I-485 Application:

Form I-864
- Page 1 - Part 1
  - I "Petitioner Full name - USC" - Is this correct?
  - 1.d - I am the only joint sponsor - Is this correct?
- Page 3 - Part 3
  - 28 - Enter '1' in the box?
- Page 4 - Part 5
  - 8 - Household Size - 2, correct?
- Page 6 - Part 6
  - 2 - Sponsor's (Petitioner) gross income as shown on 1040 for 2016 or current income as in her paychecks?
  - 3 - "Beneficiary full name - alien spouse"?
  - 4 - Relationship - 'Husband' or 'Spouse'?
  - 5 - Beneficiary's Gross income as shown on 1040 for 2016 or current income as in his paychecks?
  - 15 - Total of 2 and 5 as listed, right? Or N/A if 5 is N/A?
  - 16 or 17 - I think it is 17? And if 16, should I complete I-864?

Form I-765 and Form I-131

Given my current active status of H-1B until 02/2020, I am almost satisfied with my wages and current employer. Although, I am already (passive) on the prowl.

Additionally, I have a very important personal trip coming up to India in mid-Jan 2018 returning end-Jan 2018.

Should I even consider applying for I-765 and I-131 along with the current package? I've heard from a couple of acquaintances that chances of I-765 and I-131 getting denied are pretty high, while I-485 is pending and I travel outside the US, and attempt to re-enter on H-1B.

Also, two of the above links I shared talk about being cautious with I-131 and entering as a 'parolee' and the possibilities of losing H-1B status.

Based on the above information, is it safe to apply for the Spouse AOS - I-130/I-485?

Will there be imminent complications in my AOS application?

I see two points mentioned widely across the forum - Biometrics and the actual AOS interview appointment. Can someone shed their knowledge and/or experience on this matter ? Can both these appointments be rescheduled (I'm going to make a guess and say its very time consuming to have this coordinated with phone calls), should they be during the fortnight that I am not in the US?

which have very vague/mixed responses available on multiple different forums

Additionally, I've also prepared a cover letter (attached) which needs some polishing - please review and comment for any modifications.

One key point that I have been reading about packages and cover letters - there are way too many repeat copies of documents sent for verification/validation with the same package.

My question - is that really necessary?

Cover_Letter_New.doc

geowrian · October 3, 2017

7 hours ago, bombayburpster said:

The beneficiary is in the US and will apply for AOS to that of a lawful PR at the USCIS office in: Page 8 - Part 4 - 61.a/62.b - What City/State to list?

Find your local field office here: https://www.uscis.gov/about-us/find-uscis-office/field-offices

7 hours ago, bombayburpster said:

I "Petitioner Full name - USC" - Is this correct?

1.d - I am the only joint sponsor - Is this correct?

The petitioner must submit an I-864. If their financial capability is insufficient, then they will need a joint sponsor to complete an I-864 + provide documentation.

1) I <insert sponsor's full name here>, am...

2) 1.a. for the petitioner. If you have a joint sponsor, then they will check off 1.d. on their I-864.

7 hours ago, bombayburpster said:

Page 3 - Part 3

28 - Enter '1' in the box?

Correct

7 hours ago, bombayburpster said:

Page 4 - Part 5

8 - Household Size - 2, correct?

Correct, assuming no children, past (still-)sponsored immigrants, or other dependents.

7 hours ago, bombayburpster said:

Page 6 - Part 6

2 - Sponsor's (Petitioner) gross income as shown on 1040 for 2016 or current income as in her paychecks?

3 - "Beneficiary full name - alien spouse"?

4 - Relationship - 'Husband' or 'Spouse'?

5 - Beneficiary's Gross income as shown on 1040 for 2016 or current income as in his paychecks?

15 - Total of 2 and 5 as listed, right? Or N/A if 5 is N/A?

16 or 17 - I think it is 17? And if 16, should I complete I-864?

I'm assuming you mean page 5...otherwise these numbers don't match up.

It's the sponsor's current anticipated income for a year. For example, if somebody worked 6 months then was laid off, the current income would be $0 even though their income for that year would be nonzero.
Assuming you meet the requirements to count your income here, it would be the beneficiary's full name
Either is fine. I would say "spouse" personally, but this is splitting hairs.
See #1 above.
Correct: #2 + #5.
#17. You cannot be a sponsor for yourself...you must be an LPR or USC to complete an I-864. And an I-864A is not needed as the spouse of the intending immigrant.

7 hours ago, bombayburpster said:

Based on the above information, is it safe to apply for the Spouse AOS - I-130/I-485?

Will there be imminent complications in my AOS application?

I see two points mentioned widely across the forum - Biometrics and the actual AOS interview appointment. Can someone shed their knowledge and/or experience on this matter ? Can both these appointments be rescheduled (I'm going to make a guess and say its very time consuming to have this coordinated with phone calls), should they be during the fortnight that I am not in the US?

There's no guarantees as to the result as only you know your relationship and history, but nothing jumps out as an issue.

They will schedule both the biometrics appointment and interview for you. Some offices let you do a walk-in for biometrics, but don't rely on being able to do so. You can request to reschedule either activity, but besides the grief in making the call(s) to get somebody on the line to request the reschedule, and it will probably delay the application by a matter of a month or couple months. There's no official policy that I know of that will cause it to reflect poorly on your case, but there's still an expectation that you work around their schedule, not them working around yours. And no guarantees they won't reschedule it for another day you aren't available.

theatxbombayguy · October 3, 2017

@geowrian Thanks much for your insight and prompt responses.

2 hours ago, geowrian said:

Find your local field office here: https://www.uscis.gov/about-us/find-uscis-office/field-offices

Thanks much! This tells me about missing simple facts and going too much into complexities :blink:

Quote

The petitioner must submit an I-864. If their financial capability is insufficient, then they will need a joint sponsor to complete an I-864 + provide documentation.

I've read about this and understand that the petitioner needs to meet the 125% of the poverty line as their net income.

Quote

1) I <insert sponsor's full name here>, am...

2) 1.a. for the petitioner. If you have a joint sponsor, then they will check off 1.d. on their I-864.

Perfect - got this point squared away.

Quote

Assuming you meet the requirements to count your income here, it would be the beneficiary's full name

Can you please explain this point? On what are the requirements to NOT count my income here or if absolutely required count my income.

Quote

Either is fine. I would say "spouse" personally, but this is splitting hairs.

See #1 above.

Correct: #2 + #5.

#17. You cannot be a sponsor for yourself...you must be an LPR or USC to complete an I-864. And an I-864A is not needed as the spouse of the intending immigrant

Given the sponsorship eligibility criteria, and since my wife can actually be the sole sponsor, do you still recommend "counting the income listed in the household size"?

Quote

There's no guarantees as to the result as only you know your relationship and history, but nothing jumps out as an issue.

They will schedule both the biometrics appointment and interview for you. Some offices let you do a walk-in for biometrics, but don't rely on being able to do so. You can request to reschedule either activity, but besides the grief in making the call(s) to get somebody on the line to request the reschedule, and it will probably delay the application by a matter of a month or couple months. There's no official policy that I know of that will cause it to reflect poorly on your case, but there's still an expectation that you work around their schedule, not them working around yours. And no guarantees they won't reschedule it for another day you aren't available.

Thanks - appreciate the insight. Practically, we're at their mercy and their scheduling timetable.

10 hours ago, bombayburpster said:

Form I-765 and Form I-131

Given my current active status of H-1B until 02/2020, I am almost satisfied with my wages and current employer. Although, I am already (passive) on the prowl.

Additionally, I have a very important personal trip coming up to India in mid-Jan 2018 returning end-Jan 2018.

Should I even consider applying for I-765 and I-131 along with the current package?

I've heard from a couple of acquaintances that chances of I-765 and I-131 getting denied are pretty high, while I-485 is pending and I travel outside the US, and attempt to re-enter on H-1B.

Also, two of the above links I shared talk about being cautious with I-131 and entering as a 'parolee' and the possibilities of losing H-1B status.

@geowrian: Any insights for I-765 and I-131? Consider applying for it after I return from the overseas trip?

Quote

Additionally, I've also prepared a cover letter (attached) which needs some polishing - please review and comment for any modifications.

One key point that I have been reading about packages and cover letters - there are way too many repeat copies of documents sent for verification/validation with the same package.

My question - is that really necessary?

Cover_Letter_New.doc

@geowrian - Can you also provide some feedback on this cover letter? Would much appreciate your inputs...

@Hypnos @Aviinashh M @Bezalel Any insights/comments?

Edited October 3, 2017 by bombayburpster
Tagging and quoting more people

geowrian · October 3, 2017

4 minutes ago, bombayburpster said:

I've read about this and understand that the petitioner needs to meet the 125% of the poverty line as their net income.

Correct

4 minutes ago, bombayburpster said:

Can you please explain this point? On what are the requirements to NOT count my income here or if absolutely required count my income.

It's page 7 of the I-864 (Current Annual Household Income).

"If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children."

tldr version: You must live in the same residence and the income must continue from the same source. You must provide evidence of this with the I-864. I've seen some cases of people saying the officer did not accept the income from the intending immigrant, but providing the info for them to make a decision is good. The IO looks at the totality of the circumstances to address the public charge concern.

4 minutes ago, bombayburpster said:

Given the sponsorship eligibility criteria, and since my wife can actually be the sole sponsor, do you still recommend "counting the income listed in the household size"?

It's not necessary, but doesn't hurt IMO. Worst case (assuming you provide all evidence to support the claimed income) is they just don't consider your income.

4 minutes ago, bombayburpster said:

Thanks - appreciate the insight. Practically, we're at their mercy and their scheduling timetable.

Yup. It's a "Don't call us, we'll call you" deal. Well, it's done via mail, but you get the picture.

4 minutes ago, bombayburpster said:

Any insights for I-765 and I-131? Consider applying for it after I return from the overseas trip?

Yeah, I intentionally avoided responding to that initially because there's been some very recent (month or 2 ago?) developments regarding AP for H-1B holders with AOS, but no official word from USCIS (AFAIK). You are permitted to file for AP and there's no reason to deny it so long as the forms are completed properly. However, recently there are reports that some USCIS service centers are denying the I-131 if you travel abroad due to abandonment. AOS itself, AFAIK, is unaffected...just the I-131 is. If you filed after return, then I don't see an issue.

My understanding is that entering as a parolee means you would no longer be on H-1B status, so you would need the EAD based on the I-485 in order to still work. But others may be more familiar with AOS from an H-1B and how it affets the case since it gets a little murkier than the typical cases and I don't want to misspeak.

4 minutes ago, bombayburpster said:

Can you also provide some feedback on this cover letter? Would much appreciate your inputs...

There's a lot there so I only skimmed it. The only thing that kinda stuck out to me is for the I-864, you said tax transcripts + W2s. The transcripts are from the IRS. You should provide the tax transcripts OR the 1040 + W2s. Providing a mix of both has resulted in RFEs for others. Specifically, see page 8 of the I-864 instructions:

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

Mr Geminian · October 3, 2017

Quote

Based on the above information, is it safe to apply for the Spouse AOS - I-130/I-485?

Will there be imminent complications in my AOS application?

I see two points mentioned widely across the forum - Biometrics and the actual AOS interview appointment. Can someone shed their knowledge and/or experience on this matter ? Can both these appointments be rescheduled (I'm going to make a guess and say its very time consuming to have this coordinated with phone calls), should they be during the fortnight that I am not in the US?

which have very vague/mixed responses available on multiple different forums

@bombayburpster Thanks for tagging me in this post and our friend @geowrian has answered all your queries and to add more about the above quote I'd say re-scheduling appointments. About the biometrics you may even walk-in a few days before the biometrics date. Let's say your biometrics is on Oct 6th you may actually go today to get your biometrics taken. We have many of our VJ people done that but you will still have to take your passport and biometrics appointment letter with you. For the the AOS interview, what I've read is re-scheduling is going to delay the process because they will have to find another date for you to interview and in most cases it did take some time...

Coming to your Cover letter. You will additionally need to include:

I-485-> Certified copy of Marriage Certificate ( i know you are attaching one with I-130) but I'd still suggest you to attach one with this application

-> You don't need all pages of passport but just biographical pages of the passport & H1B visa page.

-> Form G-1145, E-Notification Application/Petition (if you want e-notification)

I-693 -> Since you are going to send the AOS package soon the following is quoted from the USCIS website, "For purposes of the immigration medical examination, the flu season starts on October 1 and ends on March 31 each year. If your immigration medical examination is during this period, you are required to have the seasonal flu vaccine. If you have an immigration medical examination completed between April 1 and September 30, when it is not the flu season for immigration purposes, you are not required to document that you have received the seasonal flu vaccine." .... So i hope you also got the FLU shot column marked.

I-765 -> Include biographical pages of passport, H1B visa page & latest I-94 (if possible a photocopy of your marriage certificate)

-> Form G-1145, E-Notification Application/Petition (if you want e-notification)

I-131- > Include biographical pages of passport, H1B visa page & latest I-94 (if possible a photocopy of your marriage certificate)

-> Form G-1145, E-Notification Application/Petition (if you want e-notification)

Apart from that you are good to go. If you have any more questions then do post your queries here. All the best

theatxbombayguy · October 4, 2017

On 10/3/2017 at 4:27 PM, Aviinashh M said:

@bombayburpster Thanks for tagging me in this post and our friend @geowrian has answered all your queries and to add more about the above quote I'd say re-scheduling appointments. About the biometrics you may even walk-in a few days before the biometrics date. Let's say your biometrics is on Oct 6th you may actually go today to get your biometrics taken. We have many of our VJ people done that but you will still have to take your passport and biometrics appointment letter with you. For the the AOS interview, what I've read is re-scheduling is going to delay the process because they will have to find another date for you to interview and in most cases it did take some time...

Perfect! This is more than helpful

On 10/3/2017 at 4:27 PM, Aviinashh M said:

Coming to your Cover letter. You will additionally need to include:

I-485-> Certified copy of Marriage Certificate ( i know you are attaching one with I-130) but I'd still suggest you to attach one with this application

-> You don't need all pages of passport but just biographical pages of the passport & H1B visa page.

-> Form G-1145, E-Notification Application/Petition (if you want e-notification)

I-693 -> Since you are going to send the AOS package soon the following is quoted from the USCIS website, "For purposes of the immigration medical examination, the flu season starts on October 1 and ends on March 31 each year. If your immigration medical examination is during this period, you are required to have the seasonal flu vaccine. If you have an immigration medical examination completed between April 1 and September 30, when it is not the flu season for immigration purposes, you are not required to document that you have received the seasonal flu vaccine." .... So i hope you also got the FLU shot column marked.

I-765 -> Include biographical pages of passport, H1B visa page & latest I-94 (if possible a photocopy of your marriage certificate)

-> Form G-1145, E-Notification Application/Petition (if you want e-notification)

I-131- > Include biographical pages of passport, H1B visa page & latest I-94 (if possible a photocopy of your marriage certificate)

-> Form G-1145, E-Notification Application/Petition (if you want e-notification)

Apart from that you are good to go. If you have any more questions then do post your queries here. All the best

Do I really need G-1145s for every form that I submit (besides I-693)? I'm torn apart on that

@Aviinashh M: Thanks for the callout on the Flu shot - getting that checked for sure in the medical exam

I'm targeting the following Thursday, October 12 to mail in my package to the Chicago Lockbox.

Thanks again for the help! I'll check in again, with any doubts/questions before I make the final plunge.

Mr Geminian · October 5, 2017

3 hours ago, bombayburpster said:

Perfect! This is more than helpful

Do I really need G-1145s for every form that I submit (besides I-693)? I'm torn apart on that

@Aviinashh M: Thanks for the callout on the Flu shot - getting that checked for sure in the medical exam

I'm targeting the following Thursday, October 12 to mail in my package to the Chicago Lockbox.

Thanks again for the help! I'll check in again, with any doubts/questions before I make the final plunge.

If you want e-notification that your 3 applications have been received by the USCIS then you may provide G-1145 for each forms orelse you can just wait for the NOA1 in the mail. Many people would want to know if the forms have reached and if USCIS have acknowledged them and so the e-notifications and after that within a week or so you will receive your "3" NOA1's by mail. You are welcome...if you have any more questions then do let us know and for further assistance I suggest you to update your timeline. All the best

geowrian · October 5, 2017

14 hours ago, Aviinashh M said:

If you want e-notification that your 3 applications have been received by the USCIS then you may provide G-1145 for each forms orelse you can just wait for the NOA1 in the mail. Many people would want to know if the forms have reached and if USCIS have acknowledged them and so the e-notifications and after that within a week or so you will receive your "3" NOA1's by mail. You are welcome...if you have any more questions then do let us know and for further assistance I suggest you to update your timeline. All the best

My now-wife and I filed for AOS 1 week ago. We provided one G-1145 on top and got 1 email + text with all 3 case numbers (I-485/I-131/I-765).

For reference, a copy/printout of the I-94 is not required for the the I-131 or I-765 since you are filing under (c)(9) - having a pending AOS case.

Edited October 5, 2017 by geowrian

theatxbombayguy · October 12, 2017

@geowrian @Aviinashh Thanks again for all the information guys!! Much appreciate the personal touch to the data.

One additional question:

Suppose having filed for all AOS alongwith the I-130 - if I have an address change on my record, is there a guideline or any information y'all have on what forms with any specific amendments?

Any other links/threads that y'all can point me to?

@pushbrk Tagging you for your expertise here! If you could please review the thread and the comment above...much appreciate your inputs...

Thanks again!

Edited October 12, 2017 by bombayburpster

Mr Geminian · October 12, 2017

13 minutes ago, bombayburpster said:

@geowrian @Aviinashh Thanks again for all the information guys!! Much appreciate the personal touch to the data.

One additional question:

Suppose having filed for all AOS alongwith the I-130 - if I have an address change on my record, is there a guideline or any information y'all have on what forms with any specific amendments?

Any other links/threads that y'all can point me to?

@pushbrk Tagging you for your expertise here! If you could please review the thread and the comment above...much appreciate your inputs...

Thanks again!

if you want to change your address after filing for AOS along with I-130 then you will have to go through this link.. https://egov.uscis.gov/coa/displayCOAForm.do

theatxbombayguy · October 12, 2017

10 minutes ago, Aviinashh said:

if you want to change your address after filing for AOS along with I-130 then you will have to go through this link.. https://egov.uscis.gov/coa/displayCOAForm.do

Thanks a bunch mate!

Mr Geminian · October 12, 2017

13 minutes ago, bombayburpster said:

Thanks a bunch mate!

You are welcome

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Active H-1B to AOS (Spouse family Based) I-130, I-485, I-864, I-765, I-131

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