I-130/I-485 Concurrent Filing for parent

[neo_ny 22]

Hi All,

 

Hope everyone is doing well and staying safe!  I have a couple of questions on (potential) filing AOS for my mother who is here on B-2 Visa (I am a US Citizen).  We are still in the process of discussing IF we should file for AOS for her or not and I was doing some research and found out that the I-765/I-131 filing fees are no longer included with the I-485 fees if filed after 10/2, is that correct?  To be honest, she will not be working so don't technically don't need an EAD , but given long processing times now maybe it'll help her get an SSN sooner and that might open up more health insurance options for her? AP document will be useful if a need to travel arrives with AOS pending.  (I know we can just pay the additional fees to file them after 10/2 or follow the consular process)

 

She has visited on B-2 multiple times for over a decade now and though we have talked many times on/off about her coming and living here she was not willing to do that until this current trip (she got here about 6 weeks or so ago) where she is willing to explore the option.  So IF (big IF) we decide to pursue AOS  - should we try to get the application in before the deadline?  what are the minimum documents needed for the application to be accepted? (understand there might be RFEs later). Pulling together my documents as sponsor shouldn't be an issue but her documents might be a challenge.  For instance, I know she doesn't have an official birth certificate but we might be able to get affidavits done.  

 

Thinking out aloud here - any thoughts appreciated! (maybe this is all a futile exercise in the end if the decision is not to file but I do want to try and understand options if possible)

 

Thanks in advance for your time!

 

[payxibka 10,047]

3 minutes ago, neo_ny said:

Hi All,

 

Hope everyone is doing well and staying safe!  I have a couple of questions on (potential) filing AOS for my mother who is here on B-2 Visa (I am a US Citizen).  We are still in the process of discussing IF we should file for AOS for her or not and I was doing some research and found out that the I-765/I-131 filing fees are no longer included with the I-485 fees if filed after 10/2, is that correct?  To be honest, she will not be working so don't technically don't need an EAD , but given long processing times now maybe it'll help her get an SSN sooner and that might open up more health insurance options for her? AP document will be useful if a need to travel arrives with AOS pending.  (I know we can just pay the additional fees to file them after 10/2 or follow the consular process)

 

She has visited on B-2 multiple times for over a decade now and though we have talked many times on/off about her coming and living here she was not willing to do that until this current trip (she got here about 6 weeks or so ago) where she is willing to explore the option.  So IF (big IF) we decide to pursue AOS  - should we try to get the application in before the deadline?  what are the minimum documents needed for the application to be accepted? (understand there might be RFEs later). Pulling together my documents as sponsor shouldn't be an issue but her documents might be a challenge.  For instance, I know she doesn't have an official birth certificate but we might be able to get affidavits done.  

 

Thinking out aloud here - any thoughts appreciated! (maybe this is all a futile exercise in the end if the decision is not to file but I do want to try and understand options if possible)

 

Thanks in advance for your time!

 

Your choice before or after the fee changes 

 

You can follow the guides or simply follow the instructions as tbe documentation is not that complicated 

[Boiler 46,354]

Health Insurance is just a money issue, she just needs to have enough of it.

[neo_ny 22]

Thanks for your replies!  We'll probably make a decision this weekend (hopefully!).  From my reading on here, it sounds like as long as we get in the I-130,I-864 and I-485 forms postmarked on or before 10/2 and assuming they get accepted we will be grandfathered into the old fees structure and should be able to send in the I-765 and I-131 forms later with no additional associated fees - is my understanding correct?

[Just Paul 4,595]

28 minutes ago, neo_ny said:

Thanks for your replies!  We'll probably make a decision this weekend (hopefully!).  From my reading on here, it sounds like as long as we get in the I-130,I-864 and I-485 forms postmarked on or before 10/2 and assuming they get accepted we will be grandfathered into the old fees structure and should be able to send in the I-765 and I-131 forms later with no additional associated fees - is my understanding correct?

Realize that the requirement for the I-944 was reinstated.  That will be needed for your parent.

[neo_ny 22]

1 hour ago, Paul & Mary said:

Realize that the requirement for the I-944 was reinstated.  That will be needed for your parent.

I just looked up I-944.  Looks like it was required from earlier this year, then there was a stay and now it is required again!  The form looks like it'll need some time to pull together.  I also saw this language on the injunction page. 

 

" If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing."

 

Can this be taken to mean, you could potentially send in the package without I-944 as long as it reaches before 10/13?  That'll buy some time to pull it together.  I understand fully well that it is needed and an RFE will be issued for the same.  Thoughts?

[Allen750 0]

On 9/23/2020 at 3:57 PM, neo_ny said:

I just looked up I-944.  Looks like it was required from earlier this year, then there was a stay and now it is required again!  The form looks like it'll need some time to pull together.  I also saw this language on the injunction page. 

 

" If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing."

 

Can this be taken to mean, you could potentially send in the package without I-944 as long as it reaches before 10/13?  That'll buy some time to pull it together.  I understand fully well that it is needed and an RFE will be issued for the same.  Thoughts?

I have the same question about them receiving the I-944.

[neo_ny 22]

On 9/25/2020 at 3:56 PM, Allen750 said:

I have the same question about them receiving the I-944.

Based on my reading of the language posted,I would feel pretty confident that they would still accept the application without I-944 and send an RFE for it later.  So, if you need to or can get it mailed on/before 10/2 that'd leave you plenty of time to be delivered by 10/13.  We are not there yet so I won't be able to test this theory out!