AOS from F-1 Visa

[jennifert 12]

Hi! I married a USC a few weeks ago and we're in the process of filling out all the paperwork for AOS. Technically, I go out of status on July 21 so I am trying to have everything done by then. I have an easy case (no overstays, been in status this whole time, no criminal record etc.) so I figured we didn't need to pay for an immigration lawyer to help us out, however I get so nervous filling out forms in general (I've filled out I-765 a couple times in the past for OPT and been terrified of making mistakes). Here are the questions I have:

1. Can I leave blank spaces if it doesn't apply to me? I know they changed it recently but not sure if that was just for certain forms. 

2. For I-864, should my husband get the IRS transcript (and is that sufficient) or would it be better to copy last 3 tax forms + all W2?

3. How many passport photos do I actually need? 2, 4, 6?

4. During my OPT's (and one CPT), I worked for the same employer. How do I fill that in on the I-485 where it asks me for my employers in the past 5 years? I worked for them FT in 2017-2018 during my first OPT, then PT in 2020 on a CPT, and then FT on OPT from June 2020-2021. Do I fill it out as ONE employer and put 9/2017 as start date and June 2021 as end date, and use the last page to explain that I only worked for them during the times I was authorized to work? Or do I just put the most recent time of employment, and move on to the next part?

5. I also don't have an A-number or USCIS online number, should I leave it blank or put in zeros, or N/A? Last time I filled out the I-765, I had to out in zeros per the immigration specialist at my school but that was during the Trump Administration.

 

Aside from that, my husband and I don't have any joint financial matters right now. We have been living together since 2019 in his parents house, so neither of us have any utility bills to pay, or rent. Will this be an issue? Or do you think it might be OK to submit the initial packet with the info we have now, which is mostly pictures together, proof of trips, meeting each others friends and families, two testimonials (one from his parents, one from my friend (non US-citizen) who was my roommate when we started dating before we moved in together). By the time we get an interview, we would've had time to co-mingle our financials a bit more, we will most likely already have filed taxes as a married couple, we're planning to open a joint savings account and I will be added onto his health insurance plan shortly. I'm 25 (moved to the US when I was 19 on a student visa) and he's 35 and because we live in Los Angeles, everything is so expensive we have just been living at his parents house to save money for the future. Should we mention that in any way, should we explain in a separate document why we do not have any financial obligations together?

 

I'm happy for any help/input I can get. Thanks in advance.

 

Jennifer

Edited July 16, 2021 by jennifert

[USC4SPOUSE 506]

10 minutes ago, jennifert said:

1. Can I leave blank spaces if it doesn't apply to me? I know they changed it recently but not sure if that was just for certain forms. 

 

I would enter N/A for anything that does not apply to you or enter NONE if the question is asking for a quantity (children, etc)

 

12 minutes ago, jennifert said:

2. For I-864, should my husband get the IRS transcript (and is that sufficient) or would it be better to copy last 3 tax forms + all W2?

I would say IRS transcripts are fine. He likely filed as single. You do not need to include W2 forms, though they do serve as good proof of address.

13 minutes ago, jennifert said:

3. How many passport photos do I actually need? 2, 4, 6?

You can get this information from the instructions of the I-130, I-485, I-765 and I-131. The instructions are a separate document. Make sure you read them. That way you will not miss anything. 

 

14 minutes ago, jennifert said:

4. During my OPT's (and one CPT), I worked for the same employer. How do I fill that in on the I-485 where it asks me for my employers in the past 5 years? I worked for them FT in 2017-2018 during my first OPT, then PT in 2020 on a CPT, and then FT on OPT from June 2020-2021. Do I fill it out as ONE employer and put 9/2017 as start date and June 2021 as end date, and use the last page to explain that I only worked for them during the times I was authorized to work? Or do I just put the most recent time of employment, and move on to the next part?

I would enter each period that you work. Just enter the same employer name for each period. That's fine. 

 

15 minutes ago, jennifert said:

5. I also don't have an A-number or USCIS online number, should I leave it blank or put in zeros, or N/A? Last time I filled out the I-765, I had to out in zeros per the immigration specialist at my school but that was during the Trump Administration.

You should have an A number. It should be on your OPT EAD. 

 

16 minutes ago, jennifert said:

We have been living together since 2019 in his parents house, so neither of us have any utility bills to pay, or rent. Will this be an issue? Or do you think it might be OK to submit the initial packet with the info we have now, which is mostly pictures together, proof of trips, meeting each others friends and families, two testimonials (one from his parents, one from my friend (non US-citizen) who was my roommate when we started dating before we moved in together).

• This is all fine. You do want to show evidence since the time you met. That way it does not look like you met on Monday, married on Wednesday and filed for AOS on Friday.
• I would even include a timeline with dates, reference pictures, trips etc.
• would try to get a driver's license and hopefully, it will show your in-laws address. Your husband's driver's license should also show that. If you don't drive, at least get  an ID that shows that address.
• Present any mail that you receive at your in-laws address. If you have USPS informed delivery, print those emails. They show images of mail you receive. You should have a Social Security number by now. If you do not, go ahead and get it. It will make your life easier down the line.
• I would go ahead an open a joint bank account. That way you can show intent to commingle your finances. It's OK if you do not get to it. 

• 22 minutes ago, jennifert said:

  Should we mention that in any way, should we explain in a separate document why we do not have any financial obligations together?

  Yes, I would include a brief narrative on your cover letter. Just a bullet point is fine.

List y

[jennifert 12]

2 hours ago, USC4SPOUSE said:

I would enter N/A for anything that does not apply to you or enter NONE if the question is asking for a quantity (children, etc)

 

I would say IRS transcripts are fine. He likely filed as single. You do not need to include W2 forms, though they do serve as good proof of address.

You can get this information from the instructions of the I-130, I-485, I-765 and I-131. The instructions are a separate document. Make sure you read them. That way you will not miss anything. 

 

I would enter each period that you work. Just enter the same employer name for each period. That's fine. 

 

You should have an A number. It should be on your OPT EAD. 

 

• This is all fine. You do want to show evidence since the time you met. That way it does not look like you met on Monday, married on Wednesday and filed for AOS on Friday.
• I would even include a timeline with dates, reference pictures, trips etc.
• would try to get a driver's license and hopefully, it will show your in-laws address. Your husband's driver's license should also show that. If you don't drive, at least get  an ID that shows that address.
• Present any mail that you receive at your in-laws address. If you have USPS informed delivery, print those emails. They show images of mail you receive. You should have a Social Security number by now. If you do not, go ahead and get it. It will make your life easier down the line.
• I would go ahead an open a joint bank account. That way you can show intent to commingle your finances. It's OK if you do not get to it. 

• Yes, I would include a brief narrative on your cover letter. Just a bullet point is fine.

List y

Thank you so much for your response! I looked at my EAD cards and they have (different) USCIS case numbers but no A-number, and on my most recent I-797 (re: last OPT), the space for the A number is left blank... So I do not think I've been given one. 

EDIT: I just looked at my I-797 from 2017 when I first applied for OPT, and it looks like I DO IN FACT have an A-number... 

EDIT again: It looks like I actually have TWO A-numbers... what am I supposed to do now? Use the most recent one?

 

Re: driver's license, I do have one and I took copies of both our licenses with our in-laws address on there. So that might help. 

 

Do you recommend sending in pictures with a timeline of our relationship in the initial packet, or should we prepare that for the interview? One girl I spoke to today said her and her husband did not send in any pictures at all, they just sent in the paperwork needed and then brought pictures to the interview.

 

Thanks again!

Edited July 16, 2021 by jennifert

[USC4SPOUSE 506]

24 minutes ago, jennifert said:

Thank you so much for your response! I looked at my EAD cards and they have (different) USCIS case numbers but no A-number, and on my most recent I-797 (re: last OPT), the space for the A number is left blank... So I do not think I've been given one. 

EDIT: I just looked at my I-797 from 2017 when I first applied for OPT, and it looks like I DO IN FACT have an A-number... 

EDIT again: It looks like I actually have TWO A-numbers... what am I supposed to do now? Use the most recent one?

 

Re: driver's license, I do have one and I took copies of both our licenses with our in-laws address on there. So that might help. 

 

Do you recommend sending in pictures with a timeline of our relationship in the initial packet, or should we prepare that for the interview? One girl I spoke to today said her and her husband did not send in any pictures at all, they just sent in the paperwork needed and then brought pictures to the interview.

 

Thanks again!

You're so welcome! My husband adjusted from F-1, as well. I am quite familiar with the process.  

Regarding the A-number, I am looking at the I-485 here and I see that we entered the A-number that he had. His current A-number is different. I believe it gets updated once you adjust status. I would just include your most recent one A-number. I think that one will enclose your entire "file". 

 

Great job on getting your driver's license. The fact that you both have the same address on your Driver's license is excellent evidence of residing at the same address. You should include your husband's and yours showing the same address. 

 

I would recommend sending as much as you can with your initial packet. The evidence should date back to the time you met. Show as much longevity as possible. That is what you would do if you applied for a K-1 (fiancé) visa and then come to the US to marry and do AOS.

 

See... everyone does things a little different. If you adjust from k-1, all you have to do is send your marriage certificate. Then you bring the evidence that has developed since you got married. That is fine for k-1 but it is not OK for folks adjusting from F-1 or other visas. It is better to front load your application. If you do not send anything, the officer may just think that you met on Monday, married on Wednesday and filed for AOS on Friday. (I might have said that before already but it is important that you avoid that)

 

I would also list your husband as your emergency contact at school. Do it before your status expires, print it and include it as part of your evidence. You two should list each other as emergency contacts on everything. Work, school, etc. 

 

He should be able to add you to his health insurance at work. Marriage is a qualifying event and he has 60 days to do it. Just go ahead and do it. That's what USCIS likes to see. 

Open a joint checking account and pay all your expenses from it. It is OK to keep a personal account.