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jthunderbird

I-485 right away or whole package?

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Hello everyone,

 

My wife and I kind of messed up and only submitted the I-130 last year instead of all forms needed (I-485, vaccination, employment, support, etc).

 

Well after 13 months, we got the I-130 back but my wife currently does not have a status because her student Visa ran out. It has been a major pain these past several months with her having no driver's license. From my understanding, Texas will permit a driver's license if an application for adjustment is in process (proven by a I-797).

 

Getting her shots and other forms filled out with all required supporting docs will take a little while and we want her license back as soon as possible. My question is should we just submit the I-485 right away so we can get her license sooner at the expense of possibly slowing down the overall process or should we just wait until we have everything ready and submit it all at once?

 

What are the ramifications of submitting now?

 

Thanks for any information,

JT 

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13 minutes ago, jthunderbird said:

Hello everyone,

 

My wife and I kind of messed up and only submitted the I-130 last year instead of all forms needed (I-485, vaccination, employment, support, etc).

 

Well after 13 months, we got the I-130 back but my wife currently does not have a status because her student Visa ran out. It has been a major pain these past several months with her having no driver's license. From my understanding, Texas will permit a driver's license if an application for adjustment is in process (proven by a I-797).

 

Getting her shots and other forms filled out with all required supporting docs will take a little while and we want her license back as soon as possible. My question is should we just submit the I-485 right away so we can get her license sooner at the expense of possibly slowing down the overall process or should we just wait until we have everything ready and submit it all at once?

 

What are the ramifications of submitting now?

 

Thanks for any information,

JT 

I dont think Texas issues a drivers license until the EAD card comes in or unless you can show something with at least a year of legal status.

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There are zero ramifications to not submitting the medical with I-485. 

 

I-485 and I-864 are adjucated together.

 

I-765 and I-131 are adjucated together usually, but separately from I-485 and I-864.

 

I-693 is required by the date of the interview. It doesn't matter if you sent it with the packet, or brought it with you to the interview. 

 

Technically, with real ID changes, everyone should be able to get a DL in any state with the NOA for I-485, ie after USCIS accepted your AOS application and gave you notice that they did. 

 

In practice, DMV will usually tell you that you need at least an EAD to get a DL. This isn't true, but you'll have to escalate quite a bit to get to the highest person on the ladder to actually grant you a license. It helps to bring the government docs that outline the policy. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)
15 hours ago, jthunderbird said:

Hello everyone,

 

My wife and I kind of messed up and only submitted the I-130 last year instead of all forms needed (I-485, vaccination, employment, support, etc).

 

Well after 13 months, we got the I-130 back but my wife currently does not have a status because her student Visa ran out. It has been a major pain these past several months with her having no driver's license. From my understanding, Texas will permit a driver's license if an application for adjustment is in process (proven by a I-797).

 

Getting her shots and other forms filled out with all required supporting docs will take a little while and we want her license back as soon as possible. My question is should we just submit the I-485 right away so we can get her license sooner at the expense of possibly slowing down the overall process or should we just wait until we have everything ready and submit it all at once?

 

What are the ramifications of submitting now?

 

Thanks for any information,

JT 

Sounds like your wife is out of status and subject to deportation right now.   Marriage and filing the I-130 provides no protection.  That would be my primary concern.......Filing the I-485 will give her authorized stay during the adjudication period. 

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)
14 minutes ago, eckoin said:

In practice, DMV will usually tell you that you need at least an EAD to get a DL. This isn't true, but you'll have to escalate quite a bit to get to the highest person on the ladder to actually grant you a license. It helps to bring the government docs that outline the policy. 

Driver's Licenses are strictly a state-by-state process.....and some states require an EAD.....

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)
21 minutes ago, missileman said:

Driver's Licenses are strictly a state process.....and some states require an EAD.....

All 50 states have now accepted the Real ID Act, so they're all under the same umbrella for requirements--for real IDs. Different if you specifically want non-real ID, which only a few states can still provide. 

 

Here's Texas, for OP's example: https://www.dps.texas.gov/driverlicense/documents/verifyinglawfulpresence.pdf

 

Applicants for adjustment of status

 

Note: These are individuals applying to become lawful permanent residents.

 

Immigration documentation with an alien number or I-94 number. This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status. 

Edited by eckoin

Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)
4 minutes ago, eckoin said:

All 50 states have now accepted the Real ID Act, so they're all under the same umbrella for requirements--for real IDs. 

 

Here's Texas, for OP's example: https://www.dps.texas.gov/driverlicense/documents/verifyinglawfulpresence.pdf

 

Applicants for adjustment of status

 

Note: These are individuals applying to become lawful permanent residents.

 

Immigration documentation with an alien number or I-94 number. This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status. 

I am aware that Texas accepts the I-797 for pending AOS. I have recently seen other states whose requirements did not list it as proof of legal presence.

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Just now, missileman said:

I am aware that Texas accepts the I-797 for pending AOS. I have recently seen other state requirements which did not list it as proof of legal presence.

Yes, for non-real ID, every state was different. But with the Real ID Act, they have now all adopted the same standard, and the federal level Real ID Act specifically permits I-797 for a pending I-485 as proof. 

 

The issue is that many states used to explicitly disallow this as proof, so DMV staff are not aware of new regulations. That's why one might have to bring it up the chain, which is a PITA in itself. But every single state is now under RIA, though a couple still have extensions in place, meaning that they can still issue Non-RIA compliant DLs as well. If you opt for real ID, which you might as well, you can refer to federal regulation that every state must now follow. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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1 minute ago, eckoin said:

Yes, for non-real ID, every state was different. But with the Real ID Act, they have now all adopted the same standard, and the federal level Real ID Act specifically permits I-797 for a pending I-485 as proof. 

 

The issue is that many states used to explicitly disallow this as proof, so DMV staff are not aware of new regulations. That's why one might have to bring it up the chain, which is a PITA in itself. But every single state is now under RIA, though a couple still have extensions in place, meaning that they can still issue Non-RIA compliant DLs as well. If you opt for real ID, which you might as well, you can refer to federal regulation that every state must now follow. 

That makes sense.  I see it specifically stated right here in the Real ID Act:

 

image.png.d17871c898cd2098a94c219e61ce8792.png


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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7 minutes ago, missileman said:

That makes sense.  I see it specifically stated right here in the Real ID Act:

 

image.png.d17871c898cd2098a94c219e61ce8792.png

Yep. This might as well be a PSA on its own. I first found out via reddit (/u/tvtoo who's done exceptional research work on everything), and there have been some users who had success in states where I-797s did nothing, after they've printed out the stuff he/she told them to print out, but it took time, effort, and patience.

 

For that reason, I don't know if it qualifies as a PSA--yes, you are eligible for a driver's license; no, it won't be an easy process and you'll have to fight for it. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Thanks for all of the replies guys. So just to verify, we can send in the I-485 and the I-864 right away while working on getting the others wrapped up?

 

Also, the form I-797 that shows her proof of status pending a change... does it come automatically as a type of receipt after submitting the I-485 or is there something I have to do to request it?

 

Thanks for all the help. Plan on sending off the first two forms tomorrow!

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1 minute ago, jthunderbird said:

Also, the form I-797 that shows her proof of status pending a change... does it come automatically as a type of receipt after submitting the I-485 or is there something I have to do to request it?

She will automatically receive an I-797 as a receipt for the I-485 which will grant her "authorized stay" while the I-485 is being adjudicated..............it will not state anything about authorized stay, but she needs that receipt to provide evidence of authorized stay.

 


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)

I am filling these out now with my wife and have one more quick question that I have seen some conflicting answers on:

 

From my understanding, they would prefer the last 3 years full tax returns. I do my taxes with TurboTax and have them handy but mine are like 110 pages each... would maybe just the first page or two of each suffice along with tax transcripts? I plan on including my most recent offer letter and recent pay stubs as well.

Edited by jthunderbird

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If you provide the transcripts, then there's no need for a copy of the entire return.

Three years is only needed if it provides beneficial insight. For some, it may. for others, it may not. For yet others, it may not be beneficial.

In my case, I did provide 3 years, but income grew each year and it was with the same company, so I felt it was beneficial.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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