CR1 to AOS (Split)

[Chad W 0]

My Wife is currently here on an ESTA. We were in the process of CR1 but situation has changed and are now going to file AOS. Do we have to wait until the 90 days are up or can we submit the packet sooner? TIA

[Ontarkie 14,274]

~~Hijack post split off to its own thread. Please do not post questions for your own case it other members threads. It can cause confusion to the thread.~~

[HRQX 4,145]

2 hours ago, Chad W said:

Do we have to wait until the 90 days are up or can we submit the packet sooner?

Since you are a US citizen your wife should submit the AOS forms ASAP.

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

Quote

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.

 

I-864 is filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-130 Receipt notice, I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[Chad W 0]

Thank you so much for the reply. If I am submitting the I-765 and I-131 with the I-485 packet, do i just pay for the I-485?

 

[HRQX 4,145]

1 hour ago, Chad W said:

do i just pay for the I-485?

Yes, just pay for I-485. The other 2 forms are free: https://www.uscis.gov/i-485

Filing Forms I-765 and I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.

[Chad W 0]

Thank you so much for the information on this. I really do appreciate it!

 

[KurtDarryl23 14]

We had ended up going over the 90 days but that was purely because we had no idea we would even be adjusting, we had a couple of extensions due to covid related symptoms and then we finally decided after the health scare and how crazy it was travelling amidst the pandemic to just adjust.

 

Hope this helps