Concurrent filing from F1 OPT Extension - Cover letter and suggestions

[AtlToBlr 64]

Hey guys, so it looks like we are finally ready to send in our AOS package! The amount of time it takes to compile everything and make sure everything is right is just crazy. We are hoping that you guys can review our cover letter and also give us your thoughts about the evidence of bonafied marriage we are sending with the I-130. 

 

One thing that I would like to note is that although we married in 2015, we started living together in January of this year as she was going through grad school. I did moved across the county in 2015 to be in the same city together, but we officially did not share a lease together.  She moved after graduation for her first job to a different state (in September of 2016) and I switched jobs again to be with her (took me 3 months) and we have since lived in the same house (since first week of January, this year)  We have our lease that we are sending (starting 2017, renewed in September 2017). 

 

Anyway, so here it is:
 

FORM I-130 COVER LETTER:

 

USCIS
PO Box 805887
Chicago, IL 60680-4120

 

Concurrent filing of form I-485 and form I-130.

Petitioner : YY YY

Beneficiary: XX XX

 

Dear USCIS Officer,

Please find enclosed concurrent an adjustment of status application for my wife, Mrs XX XX. Attached with this application are the following documents: 

 

-  Check in the amount of $535 for I-130.

-  Form G-1145 E-Notification of application/petition acceptance.
-  I-130 Petition for Alien Relative

-  2 photos of petitioner

-  2 passport photos of beneficiary 

-  Petitioner's Naturalization Certificate 

-  Copy of Marriage certificate (DO WE NEED TO GET THIS COPY CERTIFIED?)

-  Evidence of bonafied marriage

                     =Copy of lease

                     = Copy of 2015, 2016 tax transcripts 

                     = bank account statements starting January 2017 (This is when we combined our accounts)

                     = Car insurance with petitioners' and beneficiary's names

                     = Petitioner's life insurance with beneficiary as insurance policy's beneficiary 

                     = Beneficiary's retirement account information with petitioner as the account's beneficiary 

                     = Renter's insurance with both names

                     = Health insurance documents from 2015 and 2016, showing that the beneficiary was under the petitioners's health insurance plan.

                     = Photos of the court marriage, Indian wedding ceremony, and a few trips we have taken (Florida, Maldives, Boston, Nashville, etc). 

 

If you have any question, we can be reached at (XXX) XXX-XXXX or at (XXX) XXX-XXXX at any time.

Thank you,

 

 

XX XX

Apartment address

City, State 10000

U.S.A.  

 

FORM I-485 COVER LETTER:

 

USCIS
PO Box 805887
Chicago, IL 60680-4120

 

Concurrent filing of form I-485 and form I-130.

Petitioner : YY YY

Beneficiary: XX XX

 

Dear USCIS Officer,

Please find enclosed concurrent an adjustment of status application for my wife, Mrs XX XX. Attached with this application are the following documents: 

 

-  Form I-485

-  Check in the amount of $1225 for I-485 (including biometrics fees).

-  Form G-1145 E-Notification of application/petition acceptance.
-  Copy of beneficiary's passport 

-  Copy of beneficiary's Visa

-  Copy of beneficiary's birth certificate 

-  Copy of beneficiary's travel stamps from passport

-  Beneficiary's I-94 print 

-  Copy of beneficiary's EAD card

-  2 passport style photos of beneficiary 

-  Copy of beneficiary's state ID ( SHOULD WE INCLUDE THIS?)

-  Form I-864

                     - Sponsor's 2016 tax return transcript

                     - Sponsor's 2016 W-2

                     - Sponsor's Naturalization certificate 

- Form I-131 (Advance Parole)

                      - One sheet explanation 

                      - 2 photos of beneficiary 

                      - Copy of beneficiary's passport and state ID

                      - Copy of beneficiary's EAD card

                      - Copy of beneficiary's I-94

 

If you have any question, we can be reached at (XXX) XXX-XXXX at any time.

Thank you,

 

XX XX

Apartment address

City, State 10000

U.S.A.  

 

 

 

SO! Here is is guys, your suggestions and critiques are welcomed Thank you! I will be answering any questions you might have. 

 

 

V & A

[AtlToBlr 64]

Oh, and if you ahve seen a similar letter, I apologise. I did use a recent submission here as a base for our letters, hope you understand!

[DrEllaNJ 288]

make sure to also include i-765 (EAD). It may seem unnecessary now since she's already working, but AOS can take a long time and she risks not getting it by the time her OPT runs out, in which case she'd have to stop working. Also, her EAD would now be based on her pending AOS instead of her F1-visa, which will no longer be valid. It's free when AOS is pending.

 

I would actually specify the i-131 and i-765 (if you choose to do it, see above) as a separate petition (I missed that you were doing i-131 at first read). They will actually be separated from the petition and go their own merry way. So "concurrent filing of forms I-130, i-485, i-765 and i-131".

 

It's a bona fide marriage, not bonafied. I don't think you need a certified copy of your marriage certificate, just make sure to bring an 'original copy' (with raised seal and in color) to the interview. I don't quite remember if the instructions for i-485 mention to include a marriage certificate there as well?

 

In general, I'd cross check the letter you found with the official instructions for all the forms, found on the uscis.gov website, and make sure each petition includes all the documents asked for (if you haven't already done so, I don't know off the top of my head which docs were requested for which petition).

 

State ID is not technically necessary, but if yours shows the same address you could make a copy of both and include it with your evidence of a bona fide marriage - copy of state IDs showing same address of residence

 

With form i-864, I thought you had to include recent paystubs? See instructions. You could also include an 'employment verification letter', if you work at a large company that's easily obtained from HR, it states your position and annual salary/hourly wages and contracted hours. If you work at a smaller company and they don't have that available, you could find samples online, adapt it yourself, and ask your boss to sign it.

 

Good luck!

[AtlToBlr 64]

10 minutes ago, DrEllaNJ said:

make sure to also include i-765 (EAD). It may seem unnecessary now since she's already working, but AOS can take a long time and she risks not getting it by the time her OPT runs out, in which case she'd have to stop working. Also, her EAD would now be based on her pending AOS instead of her F1-visa, which will no longer be valid. It's free when AOS is pending.

 

Her OPT (STEM extension) is till July of 2019. As far as I am aware, AOS EAD is only for a year. That is the reason we were not applying for new EAD. What are your thoughts on that? 

 

11 minutes ago, DrEllaNJ said:

I would actually specify the i-131 and i-765 (if you choose to do it, see above) as a separate petition (I missed that you were doing i-131 at first read). They will actually be separated from the petition and go their own merry way. So "concurrent filing of forms I-130, i-485, i-765 and i-131".

 

Noted. 

 

12 minutes ago, DrEllaNJ said:

It's a bona fide marriage, not bonafied. I don't think you need a certified copy of your marriage certificate, just make sure to bring an 'original copy' (with raised seal and in color) to the interview. I don't quite remember if the instructions for i-485 mention to include a marriage certificate there as well?

 

Noted about the spelling XD and ill have to double check the I-485 instructions to see if it does. 

 

12 minutes ago, DrEllaNJ said:

In general, I'd cross check the letter you found with the official instructions for all the forms, found on the uscis.gov website, and make sure each petition includes all the documents asked for (if you haven't already done so, I don't know off the top of my head which docs were requested for which petition).

 

WE have checked but we will be doing it again before we send everything. 

 

13 minutes ago, DrEllaNJ said:

State ID is not technically necessary, but if yours shows the same address you could make a copy of both and include it with your evidence of a bona fide marriage - copy of state IDs showing same address of residence

 

Yeah it shows our addresses as same, so we thought why not. 

 

13 minutes ago, DrEllaNJ said:

With form i-864, I thought you had to include recent paystubs? See instructions. You could also include an 'employment verification letter', if you work at a large company that's easily obtained from HR, it states your position and annual salary/hourly wages and contracted hours. If you work at a smaller company and they don't have that available, you could find samples online, adapt it yourself, and ask your boss to sign it.

 

Will do, I work for a large firm so I can easily get that. 

 

 

Thank you for your response:) As far as evidence of bona fide marriage is concerned, do you think we have enough? 

[DrEllaNJ 288]

3 minutes ago, AtlToBlr said:

Her OPT (STEM extension) is till July of 2019. As far as I am aware, AOS EAD is only for a year. That is the reason we were not applying for new EAD. What are your thoughts on that? 

 

Thank you for your response:) As far as evidence of bona fide marriage is concerned, do you think we have enough? 

Her EAD based on F1 - OPT will no longer be valid once you file for AOS (see http://www.immigratetoamerica.org/f-1-student-j-1-exchange-adjustment-of-status-common-questions-and-answers/). Plus, it's free. She'll have to provide copies of her current EAD, but then it'll get exchanged. Also, should the unthinkable happen and she'd be fired from her job, it may get messy with her current EAD since when you're on OPT you're not allowed to be out of work for more than x (I forget) number of days. Yes, EAD based on i-485 is valid for a shorter time period, but it doesn't come with those restrictions. She'll also get a new A-number based on the AOS petition.

 

I initially thought it was Ok but then I realized it may be a bit thin for a couple that has been married for over 2 years. You may want to take a look at the evidence lists for i-751 petitions. Since you've been married for over 2 years, you'll skip that step (good for you!!!) but you have to provide solid evidence covering the entire duration of the marriage. Photos are considered secondary evidence only, so if you have boarding passes/hotel bills/stamps/written etc to back up your trips that would be helpful. You should probably provide an explanation of why you didn't live together for a while.

[AtlToBlr 64]

2 hours ago, DrEllaNJ said:

Her EAD based on F1 - OPT will no longer be valid once you file for AOS (see http://www.immigratetoamerica.org/f-1-student-j-1-exchange-adjustment-of-status-common-questions-and-answers/). Plus, it's free. She'll have to provide copies of her current EAD, but then it'll get exchanged. Also, should the unthinkable happen and she'd be fired from her job, it may get messy with her current EAD since when you're on OPT you're not allowed to be out of work for more than x (I forget) number of days. Yes, EAD based on i-485 is valid for a shorter time period, but it doesn't come with those restrictions. She'll also get a new A-number based on the AOS petition.

I saw your link. I cant find any law on this however. I have asked about this and looked for posts with the EAD issue. It was my understanding that she can keep working on her OPT EAD as long as she does not violate her OPT term (90 day unemployment, etc). I will look into it and we might just send the form to be safe, but its frustrating to see that no one is really sure on this one lol. You think she can work with her current EAD at least till we get her new EAD? 

 

Any one else has any thought on this too? 

 

 

2 hours ago, DrEllaNJ said:

I initially thought it was Ok but then I realized it may be a bit thin for a couple that has been married for over 2 years. You may want to take a look at the evidence lists for i-751 petitions. Since you've been married for over 2 years, you'll skip that step (good for you!!!) but you have to provide solid evidence covering the entire duration of the marriage. Photos are considered secondary evidence only, so if you have boarding passes/hotel bills/stamps/written etc to back up your trips that would be helpful. You should probably provide an explanation of why you didn't live together for a while.

Apart from this we don't have a lot. Her parents were helping her with college so we kept our finances a little separate till she started earning. I looked at the removal of condition checklist and seems like we have a lot of what they ask for. I will look for more evidence for sure. And yes, we do have plane tickets, hotels, pics etc for trips we have done, I will include them. Sadly, we dont have a lot of trips between 2015 and 2016 as we were broke ( she was in college and didnt work) and she had to study and was busy (she was in college). Starting last December though, we have been to like 7-8 trips together. 

 

Again, thank you for your detailed replies. 

 

[AtlToBlr 64]

Oh one thing I forgot to mention is that we had been together for 5 years before we got married. I have bunch of foreign trips to be with her and pictures, etc to go along with it. Think that will help too? 

[AtlToBlr 64]

Anyone else? 

[DrEllaNJ 288]

4 hours ago, AtlToBlr said:

I saw your link. I cant find any law on this however. I have asked about this and looked for posts with the EAD issue. It was my understanding that she can keep working on her OPT EAD as long as she does not violate her OPT term (90 day unemployment, etc). I will look into it and we might just send the form to be safe, but its frustrating to see that no one is really sure on this one lol. You think she can work with her current EAD at least till we get her new EAD? 

I think she can at least continue to work on her current EAD until she gets the new one. It's all a bit murky, but since it's free, I'd file for a new EAD anyway. People who switch from H1B to AOS also give up their visa status but can continue working anyway.

[AussieGuy12 23]

6 hours ago, DrEllaNJ said:

Her EAD based on F1 - OPT will no longer be valid once you file for AOS (see http://www.immigratetoamerica.org/f-1-student-j-1-exchange-adjustment-of-status-common-questions-and-answers/). Plus, it's free. She'll have to provide copies of her current EAD, but then it'll get exchanged. Also, should the unthinkable happen and she'd be fired from her job, it may get messy with her current EAD since when you're on OPT you're not allowed to be out of work for more than x (I forget) number of days. Yes, EAD based on i-485 is valid for a shorter time period, but it doesn't come with those restrictions. She'll also get a new A-number based on the AOS petition.

 

I also looked into this, but was told differently.

You are good on your OPT until you are approved and provided a new EAD card based on AOS, which super seeds your current EAD. Similar to that of changing drivers license, once you move to a new state, you obtain a new license, and the old one is now invalid.

[DrEllaNJ 288]

18 hours ago, AussieGuy12 said:

I also looked into this, but was told differently.

You are good on your OPT until you are approved and provided a new EAD card based on AOS, which super seeds your current EAD. Similar to that of changing drivers license, once you move to a new state, you obtain a new license, and the old one is now invalid.

Baseline is that you recommend OP's wife applies for a new EAD as well, right? I shouldn't have said EAD immediately became invalid as I think she can probably continue to work on her current OPT-based EAD. Thanks for the correction.

[AtlToBlr 64]

2 hours ago, DrEllaNJ said:

20 hours ago, AussieGuy12 said:

I also looked into this, but was told differently.

You are good on your OPT until you are approved and provided a new EAD card based on AOS, which super seeds your current EAD. Similar to that of changing drivers license, once you move to a new state, you obtain a new license, and the old one is now invalid.

Baseline is that you recommend OP's wife applies for a new EAD as well, right? I shouldn't have said EAD immediately became invalid as I think she can probably continue to work on her current OPT-based EAD. Thanks for the correction.

Yeah I was also not clear on what he/she meant. 

[AussieGuy12 23]

Yep, I am on OPT - soon to be filing i485/i130 for a Marriage based AOS. So I will apply for my EAD (i-765) with my 485/130 and so if I am approved and it arrives, I will simply take that to my employer and my AOS EAD will super seed the OPT EAD

[ColoradoBeauty 79]

10 hours ago, AussieGuy12 said:

Yep, I am on OPT - soon to be filing i485/i130 for a Marriage based AOS. So I will apply for my EAD (i-765) with my 485/130 and so if I am approved and it arrives, I will simply take that to my employer and my AOS EAD will super seed the OPT EAD

I'm doing this too and the lawyer who worked on my H-1B endorsed this. Finger crossed the EAD will arrive without delay

[AussieGuy12 23]

I am in a similar role, but getting married in Dec, and my OPT expires August