December 2019 - AOS Filers

[ClickityClackity 133]

Wohooo! I just dropped it off in the post office, let's see how this goes!

 

[AdelineF 6]

Hi everybody !

I’m filing for AOS and I was about to do the I-131 Travel Document, but here is my problem : 

- I’ve heard thanks to VJ that I should apply for advance parole at the same time I file for AOS, mainly in case of emergency but also maybe to visit my family next summer as I know how long the GC process can be... So I was about to file I-131 with my AOS package. 
- However, today, I was told by an immigration lawyer (he is a good friend of my husband and I), that I-131 isn’t to be used in case, but when there’s an immediate need. He said I’m allowed to file advance parole because I’ll have a pending AOS application and just got married on a fiancé visa, but it’s going to look like I’m already trying to go back to my country and it could bring up red flags for marriage fraud. 

I’m really confused and I don’t know what to do. I really want to send the package ASAP. What do you guys think ? I’ve read that people use Advance parole to visit or vacation without a problem and I really didn’t think applying for it with AOS could make it more complicated for me. 

Thanks you so much ! 🙂

[AnnaMaria1417 140]

9 hours ago, AdelineF said:

Hi everybody !

I’m filing for AOS and I was about to do the I-131 Travel Document, but here is my problem : 

- I’ve heard thanks to VJ that I should apply for advance parole at the same time I file for AOS, mainly in case of emergency but also maybe to visit my family next summer as I know how long the GC process can be... So I was about to file I-131 with my AOS package. 
- However, today, I was told by an immigration lawyer (he is a good friend of my husband and I), that I-131 isn’t to be used in case, but when there’s an immediate need. He said I’m allowed to file advance parole because I’ll have a pending AOS application and just got married on a fiancé visa, but it’s going to look like I’m already trying to go back to my country and it could bring up red flags for marriage fraud. 

I’m really confused and I don’t know what to do. I really want to send the package ASAP. What do you guys think ? I’ve read that people use Advance parole to visit or vacation without a problem and I really didn’t think applying for it with AOS could make it more complicated for me. 

Thanks you so much ! 🙂

I was thinking the same, so we called the USCIC. My main problem was that I'm not planning to go home, but in case of an emergency, I would need to. The lady from the USCIC I spoke to, told me to just leave the dates you're suppose to put in the I-131 blank, so that's what I did. I attached a sheet of paper, explaining why I left them blank and that my reason for applying is in case there's an emergency in my family.  

 

Good luck!

[Juls801 70]

On 12/12/2019 at 12:13 PM, AGF said:

A copy of it, yes.. as well as the approved copy of the K1 ( I-129F ) application ( just the first page I think ) and the Embassy letter sent to the fiancé / fiancée.. 

Question: I sent my K1 NOA2 (I797 I think) with our AOS, but what is the approved copy of k1 application? We never got our application back with approved on it? The only approvals were NOA2 and the actual visa??

[Pitaya 2,576]

17 minutes ago, Juls801 said:

Question: I sent my K1 NOA2 (I797 I think) with our AOS, but what is the approved copy of k1 application? We never got our application back with approved on it? The only approvals were NOA2 and the actual visa??

You may want to carefully review the actual instructions again (emphasis added):

Quote

Documentation of Your Immigrant Category (see Part 2., Item Numbers 1.a. - 1.g. of Form I-485)
All Form I-485 applicants must submit evidence showing that they are eligible for adjustment of status in a particular

immigrant category.

Filing as a Beneficiary of an Immigrant Petition

If you are filing as a beneficiary of an immigrant petition, you generally must submit a photocopy of Form I-797,Approval Notice, for your petition (or the principal applicant’s petition, if you are a derivative applicant), as appropriate.

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

Your immigrant petition; or

A photocopy of Form I-797, Receipt Notice, for your immigrant petition.

REF: https://www.uscis.gov/i-485 , Instructions, page 10

 

Most folks successfully interpret that to mean enclosing a copy of the  Form I-797 Notice of Action (NOA2), Form I-129F Petition Approval notice that was received by the petitioner.

 

YMMV

 

Good luck on your immigration journey.

[Juls801 70]

9 minutes ago, Pitaya said:

You may want to carefully review the actual instructions again (emphasis added):

REF: https://www.uscis.gov/i-485 , Instructions, page 10

 

Most folks successfully interpret that to mean enclosing a copy of the  Form I-797 Notice of Action (NOA2), Form I-129F Petition Approval notice that was received by the petitioner.

 

YMMV

 

Good luck on your immigration journey.

I said I filed my NOA2/I797. It says OR I129 petition, not AND.?

 

My 'I think' was I couldn't remember the number at the top but I was right about it being 797.

[Pitaya 2,576]

25 minutes ago, Juls801 said:

I said I filed my NOA2/I797. It says OR I129 petition, not AND.? Correct, the actual approved visa petition may be in the file he looks at. 

 

My 'I think' was I couldn't remember the number at the top but I was right about it being 797.Yep....sounds like you are OK.

Is the Guardsman Pass road closed for the winter yet?

Good luck on your immigration journey, and Happy Holidays !!!

[Juls801 70]

5 minutes ago, Pitaya said:

Is the Guardsman Pass road closed for the winter yet?

Good luck on your immigration journey, and Happy Holidays !!!

Great thanks. 

And yes, its been closed for 2 months.🥶

[AdelineF 6]

12 hours ago, AnnaMaria1417 said:

I was thinking the same, so we called the USCIC. My main problem was that I'm not planning to go home, but in case of an emergency, I would need to. The lady from the USCIC I spoke to, told me to just leave the dates you're suppose to put in the I-131 blank, so that's what I did. I attached a sheet of paper, explaining why I left them blank and that my reason for applying is in case there's an emergency in my family.  

 

Good luck!

Thank you so much for taking the time to share you experience ! I think I’ll apply for it

[Comanutd33 61]

Sent in our application today! I stated for the I-131 that we were planning to visit his mother in March. So hopefully that isn’t any red flags. Good luck everyone 

[Sarah0107 10]

On 12/9/2019 at 12:14 PM, Sarah0107 said:

Hi everyone,

First time to join furom...

I'm a k1 aos filler..

I just sent my paperworks last December 2nd..

Just received 3 messages from uscis in the middle of the night...

[Kamali16 30]

I sent in my application today! Hoping I did everything correctly

[SamJan 8]

Hi Folks,

 

I am planning to file AOS this month.

 

My initial questions are :

 

1) Fee for kids over 5 years old; is it same as adult's? I assume I will file separate I-485 for each kid?

 

2) Affidavit of support that we have used for K1 visa interview where I had a co-sponsor needed. Are we going to have him sponsor again along with mine as petitioner?

 

Thanks!

 

[seb-liz 38]

Checking in to this thread! Filed my AOS packet yesterday

[NJShoreMom 42]

On 12/17/2019 at 11:12 AM, Sarah0107 said:

Just received 3 messages from uscis in the middle of the night...

ours was received on dec.2 as well.  In our haste to get it out we didn't send the form for text/email.  Did they cash your check yet?