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Harry M

Documentation of Immigrant Catergory

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I'm getting my packet together for my AoS and EAD. Putting together my evidence. Going by the instructions for the I-485, on section 5 for the evidence it says to include either the immigrant petition (I-129F) or photocopy of I-797 Form, which I don't believe me and my wife ever recieved, however she did recieve a letter from the DoS saying the NVC recieved my approved petition. I imagine this isn't the same thing. I do have our petition still, with the stamp on the front page showing approval. Do I include a copy of this page, or the whole petition, would I be better off seeing if I can still get an I-797, or do I even need to include this at all. I wanted to clarify because of this line in the instructions before listing the evidence:

 

If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your
petition is approved, you may submit your Form I-485 together with:
 
This almost seems to me I don't need to include anything because my petition was already approved, about a year ago, not to mention I'm already here and got married three weeks ago.
Edited by Harry M

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6 minutes ago, Harry M said:

"I'm getting my packet together for my AoS and EAD. Putting together my evidence. Going by the instructions for the I-485, on section 5 for the evidence it says to include either the immigrant petition (I-129F) or photocopy of I-797 Form, which I don't believe me and my wife ever recieved. I do have our petition still, with the stamp on the front page showing approval. Do I include a copy of this page, or the whole petition,"

IMO the whole Approved I129F form (not the supporting docs though).

 

"would I be better off seeing if I can still get an I-797"

You can but it costs $465 to order a replacement NOA2 Approval Notice. Current processing times of the I824 are 4 to 6 months. 

https://www.uscis.gov/i-824

 

"or do I even need to include this at all."  

Yes you should anyways. Even though the instructions aren't totally clear I have never seen anyone not submit the evidence their I129F petition was approved.

 

"I wanted to clarify because of this line in the instructions before listing the evidence:

 

If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your
petition is approved, you may submit your Form I-485 together with:"

 

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26 minutes ago, Harry M said:
If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your
petition is approved, you may submit your Form I-485 together with:

 

Your immigrant category DOES NOT allow you to file Form I-485 before your petition is approved so that sentence is not written to you a K1.

 

If you don't have your NOA2, then submit something else that shows your petition was approved. The things you mentioned work. 

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25 minutes ago, Wuozopo said:

 

Your immigrant category DOES NOT allow you to file Form I-485 before your petition is approved so that sentence is not written to you a K1.

 

If you don't have your NOA2, then submit something else that shows your petition was approved. The things you mentioned work. 

I did think this wouldn't apply to a K-1, the wording of it seemed odd just wanted to be sure.

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1 minute ago, Harry M said:

I did think this wouldn't apply to a K-1, the wording of it seemed odd just wanted to be sure.

 

It applies to a lot of I-485s, probably more than K1s who adjust status... those already in the US on work visas, student visas, tourist visas, or VWP who marry a US citizen, send the I-485 and I-130 spouse petition together in the same envelope. It is sometimes referred to as concurrent filing.

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