AOS Submission I-130A & I-184 Required

[Listen97 4]

I sent in our AOS packet yesterday with the I-130 and I-485 concurrently. Since my spouse was already in the US and the USCIS website didn't mention them specifically I didn't complete the I-130A and I-864. Will they outright reject the packet when they get it and send it back, or will they just request those items be submitted online/mail?

 

Also based on the guide on this site it recommends you make a cover letter and certified copies however the instructions provided from USCIS doesn't state either are required. Is it required or just a best practice to make it easier for them and to eliminate doubt?

[Crazy Cat 41,979]

USCIS will likely either reject/return your package or they will issue a denial for your case.  This is a classic "placeholder" scenario which could result in a denial for missing essential documents.  Please update us when you receive correspondence from them.

Either way, just resubmit a proper package.

Edited September 9, 2020 by Lucky Cat

[aaron2020 11,651]

Hi,

 

Your submission will probably get rejected for being incomplete.

 

The I-130 instructions specifically states the I-130a is necessary for a spouse beneficiary.  

This is your process and you are responsible for knowing what is necessary.  Don't expect the USCIS website to spell out exactly what is needed for your situation.  You need to take ownership.

 

Follow the Guides on VJ.  Research and do it correctly.  The cover letter is not required, it's best practice.  

 

Best of luck.

[Listen97 4]

3 minutes ago, Lucky Cat said:

USCIS will either reject/return your package or they will issue a denial for your case.  This is a classic "placeholder" scenario which could result in a denial for missing essential documents.  Please update us when you receive correspondence from them.

Thanks, I was in a rush to get it all sent off and didn't come here to ask for advice since her I-94 states her last day is September 19th and wanted to get it postmarked and in their hands before that time. I know that since we are now married there are exceptions but didn't want to add any doubt or issues to overcome, and instead it looks like I created some anyways.

 

Sad we are in a digital age and most of this is still done by pony express, so have to wait weeks between submissions and retrievals. I'm just starting and this doesn't look like it's going to be a fun journey.

[Crazy Cat 41,979]

4 minutes ago, Listen97 said:

Thanks, I was in a rush to get it all sent off and didn't come here to ask for advice since her I-94 states her last day is September 19th and wanted to get it postmarked and in their hands before that time. I know that since we are now married there are exceptions but didn't want to add any doubt or issues to overcome, and instead it looks like I created some anyways.

 

Sad we are in a digital age and most of this is still done by pony express, so have to wait weeks between submissions and retrievals. I'm just starting and this doesn't look like it's going to be a fun journey.

The immigration process demands a great deal of knowledge, planning, time, patience, and money.  2 weeks will be fast to receive the results.

Edited September 9, 2020 by Lucky Cat

[mushroomspore 3,044]

18 minutes ago, Listen97 said:

I sent in our AOS packet yesterday with the I-130 and I-485 concurrently. Since my spouse was already in the US and the USCIS website didn't mention them specifically I didn't complete the I-130A and I-864. Will they outright reject the packet when they get it and send it back, or will they just request those items be submitted online/mail?

 

Also based on the guide on this site it recommends you make a cover letter and certified copies however the instructions provided from USCIS doesn't state either are required. Is it required or just a best practice to make it easier for them and to eliminate doubt?

The cover letter is more just as a "table of contents" so the officer can ensure all documents are present. I don't know if they even hold onto them though. I don't think I saw ours when we did our interview. The interviewer had our folder open on his desk and our I-130 with my husband's passport photos were on the very top, nothing else.

 

As for certified copies, that's not completely necessary. Regular photocopies are fine. Do not ever send originals.

 

And yeah, it's pretty outdated that they still require papers to be physically shipped around. In a way, it is more secure because hackers can literally get into anything and everything. There was a story of a hacker who hacked a casino through the thermometers that were in the casino's fish tanks. The thermometers were electronic and linked to the casino's private internal network. There are also really big hacking competitions and I've read that kids as young as 10 years old can hack voting machines and other devices. Pretty crazy stuff. So as annoying as it is, I can kinda see why USCIS still prefers this. And honestly, there just isn't enough money for them to get set up with a state-of-the-art electronic system.

[Celebi 136]

I suggest you complete the I-130A and I-864 forms and requirements so that you can easily add them to your packet when you get them back. Remember, new fees will take effect soon. Goodluck!  

[Listen97 4]

18 hours ago, Celebi said:

I suggest you complete the I-130A and I-864 forms and requirements so that you can easily add them to your packet when you get them back. Remember, new fees will take effect soon. Goodluck!  

The I-864 is for travel, does that give us the ability to travel back to Colombia while they are processing the I-130 and I-485? I thought that was only to be for expedited or "emergency" situations where she had to go back for a reason, otherwise she had to stay here.

[mushroomspore 3,044]

4 minutes ago, Listen97 said:

The I-864 is for travel, does that give us the ability to travel back to Colombia while they are processing the I-130 and I-485? I thought that was only to be for expedited or "emergency" situations where she had to go back for a reason, otherwise she had to stay here.

I-864 is Affidavit of Support and required for AoS. The travel document you're referring to is I-131 Advanced Parole. You are allowed to use Advanced Parole for any reason; it's not reserved for emergencies. I did not use mine when my AoS was pending.

Edited September 10, 2020 by mushroomspore

[Crazy Cat 41,979]

5 minutes ago, Listen97 said:

The I-864 is for travel, does that give us the ability to travel back to Colombia while they are processing the I-130 and I-485? I thought that was only to be for expedited or "emergency" situations where she had to go back for a reason, otherwise she had to stay here.

No, The I-131 is for Advance Parole.....travel.  After it is approved, it can be used for her to travel outside the US.......it does not have to be for an emergency.  The I-864 is the affidavit of support you will have to complete.

[Listen97 4]

4 minutes ago, mushroomspore said:

I-864 is Affidavit of Support and required for AoS. The travel document you're referring to is I-131 Advanced Parole. You are allowed to use Advanced Parole for any reason; it's not reserved for emergencies. I did not use mine when my AoS was pending.

 

1 minute ago, Lucky Cat said:

No, The I-131 is for Advance Parole.....travel.  After it is approved, it can be used for her to travel outside the US.......it does not have to be for an emergency.  The I-864 is the affidavit of support you will have to complete.

Thanks, not sure why I got those confused. I looked up the form somebody mentioned yesterday and thought it was from here when pulled up the Travel one. Guess it was from another post.

[Listen97 4]

Follow up question, since I didn't file all the forms how does this impact notification? USPS said it was delivered to the Chicago dropbox on the 11th. I've read on here that it can take 10-14 days for notification. So wasn't sure if the G--1145 electronic notification only occurs if they accept the packet not to notify that they received the packet. Also will we still get notification electronically saying that it is declined/info is missing, or just have to wait until they mail everything back?

[Celebi 136]

On 9/23/2020 at 12:04 PM, Listen97 said:

Follow up question, since I didn't file all the forms how does this impact notification? USPS said it was delivered to the Chicago dropbox on the 11th. I've read on here that it can take 10-14 days for notification. So wasn't sure if the G--1145 electronic notification only occurs if they accept the packet not to notify that they received the packet. Also will we still get notification electronically saying that it is declined/info is missing, or just have to wait until they mail everything back?

When my initial package was rejected, I only found out about it via USPS Informed Delivery. I think they immediately sent it back right after being scanned. 

I am not sure if your whole package will be rejected or they will just ask for an RFE or outright denial. Best to have everything ready and hopefully, you get it and send the new completed forms before Oct 2  

[Listen97 4]

Well no electronic notification, however they did withdraw both payments today. Seems odd they would withdraw without accepting the packet.

Edited September 26, 2020 by Listen97

[Co6aka 18]

10 hours ago, Listen97 said:

Well no electronic notification, however they did withdraw both payments today. Seems odd they would withdraw without accepting the packet.

Hopefully that means what you did send was in order and you'll be receiving a I-797 reporting your deficiencies and offering you a chance to submit the required forms and evidence.  When you receive your USCIS receipt numbers, you can then lookup the case status online.  If it turns out that USCIS has given you a second chance... please DON'T mess it up.  Get everything together, run it past the forum, and then submit promptly.