DQ CR1 to AOS process (merged)

[mimipimpaporn 4]

I have my CR1 DQ’d and I'm only waiting for the interview back in Thailand. However, I'm considering changing to AOS because of the covid situation in Thailand and some health related issues.
For the AOS process, is it correct that I only need to submit: I-485, I-131, I-765, G-1145, and Approval Notice from USCIS?
As for I-864, do I need to resubmit that since I submitted it to NVC not USCIS?

Thank you in advance.
(Anyone has similar experience, please kindly share with me)

 

It’s not a final decision yet but I’m really considering it. 

[HRQX 4,145]

10 minutes ago, mimipimpaporn said:

For the AOS process

I-864 filled-out by the US citizen is resubmitted, and the rest of the forms are filled-out 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 approval 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.

 

You'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

 

Here is the I-693 courtesy letter: "DO NOT MAIL DOCUMENTS AT THIS TIME."

[Letspaintcookies 2,208]

Are you currently inside the US? If so then go ahead with what @HRQX said.

If not and you're planning on traveling here on a tourist visa to stay and AOS then that is immigration fraud.

[HRQX 4,145]

3 minutes ago, Letspaintcookies said:

Are you currently inside the US? If so then go ahead with what @HRQX said.

OP is currently in the US:

[Letspaintcookies 2,208]

5 minutes ago, HRQX said:

OP is currently in the US:

Ah thank you.

Yea then it's just about sorting out what would work better for your situation like others mentioned in the other topic. Good luck for whatever way you decide to go. 

[mimipimpaporn 4]

3 hours ago, HRQX said:

I-864 filled-out by the US citizen is resubmitted, and the rest of the forms are filled-out 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 approval 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.

 

You'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

 

Here is the I-693 courtesy letter: "DO NOT MAIL DOCUMENTS AT THIS TIME."

Thank you so much. This is very clear and helpful. I really appreciate it. The only concern I have is our case get denied. I know that there's a risk for sure compared to the normal consular process, but not sure if I have to worry so much about that in my case. Thanks again.

2 hours ago, Letspaintcookies said:

Ah thank you.

Yea then it's just about sorting out what would work better for your situation like others mentioned in the other topic. Good luck for whatever way you decide to go. 

Thank you so much! 

[HRQX 4,145]

14 minutes ago, mimipimpaporn said:

I know that there's a risk for sure

What type of risk? If you are referring to some sort of "presumption" of preconceived intent then it's not an issue for Immediate Relatives of US citizens (as defined in the INA). See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

[mimipimpaporn 4]

4 hours ago, HRQX said:

I-864 filled-out by the US citizen is resubmitted, and the rest of the forms are filled-out 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 approval 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.

 

You'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

 

Here is the I-693 courtesy letter: "DO NOT MAIL DOCUMENTS AT THIS TIME."

I have one more question though. For supporting documents, I would need sponsor's ID, his tax transcripts and W2. But at this stage, do I need documents like, passport copy with visa page, 2x2 photos of me and the sponsor, birth certificate, marriage certificate, criminal record, and proof of relationship? 

Thank you in advance.

 

[HRQX 4,145]

13 minutes ago, mimipimpaporn said:

2x2 photos of me and the sponsor

2x2 photos of the sponsor are not needed.

14 minutes ago, mimipimpaporn said:

criminal record

If you don't have a criminal record then it's not needed. (bottom of Page 12 and Page 13) https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

 

An example of the optional cover letters:

Quote

[Street Number and Name]

[City, State ZIP]

 

[Month Day, Year]

 

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

 

RE: I-485, Application to Adjust Status

Applicant: [Applicant's Full Name]

A-Number: [A-Number]

 

To Whom It May Concern:

 

I’m filing my Employment Authorization (I-765) and Advance Parole Document (I-131) applications concurrently with this I-485 request.

 

I am enclosing the following documents in support of my application for Adjustment of Status:

• Form I-485, Application to Adjust Status
• Form G-1145, E-Notification of Application/Petition Acceptance
• Filing and biometric services fees of $1225 in the form of a personal check payable to U.S. Department of Homeland Security
• Copy of my birth certificate, translation, and certificate of translation
• Copy of my passport's biographic page and entry stamps
• Copy of my B-1/B-2 visa
• Copy of the I-130 approval notice
• Electronic I-94 copy
• Copy of my marriage certificate
• Two identical passport-style color photographs
• Form I-864, Affidavit of Support (include a bullet list below outlining the supporting documents)

I am requesting that your office promptly approve my request for Adjustment of Status. If you have any questions or concerns, please call me at (000) 000-0000. Thank you for the time taken in this case.

 

Sincerely,

[Applicant's Full Name]

Quote

[Street Number and Name]

[City, State ZIP]

 

[Month Day, Year]

 

 

 

 

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

 

 

RE: I-765, Application for Employment Authorization

Applicant: [Applicant's Full Name]

A-Number: [A-Number]

 

 

To Whom It May Concern:

 

I’m filing my Adjustment of Status (I-485) and Advance Parole Document (I-131) applications concurrently with this request for an Employment Authorization Document (I-765). I’m filing the I-485 after July 29, 2007, and paying a one-time filing fee. Therefore, as an Adjustment of Status applicant, I am not required to pay additional USCIS fees for this I-765 request.

 

I am enclosing the following documents in support of my application for Employment Authorization:

• Form I-765, Application for Employment Authorization
• Form G-1145, E-Notification of Application/Petition Acceptance
• Copy of my birth certificate, translation, and certificate of translation
• Copy of my passport's biographic page and entry stamps
• Copy of my B-1/B-2 visa
• Copy of the I-130 approval notice
• Electronic I-94 copy
• Copy of my marriage certificate
• Two identical passport-style color photographs

I am requesting that your office promptly approve my request for an Employment Authorization Document. If you have any questions or concerns, please call me at (000) 000-0000. Thank you for the time taken in this case.

 

Sincerely,

[Applicant's Full Name]

Quote

[Street Number and Name]

[City, State ZIP]

 

[Month Day, Year]

 

 

 

 

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

 

 

RE: I-131, Application for Travel Document

Applicant: [Applicant's Full Name]

A-Number: [A-Number]

 

 

To Whom It May Concern:

 

I’m filing my Adjustment of Status (I-485) and Employment Authorization (I-765) applications concurrently with this request for an Advance Parole Document (I-131). I’m filing the I-485 after July 29, 2007, and paying a one-time filing fee. Therefore, as an Adjustment of Status applicant, I am not required to pay additional USCIS fees for this I-131 request.

 

I am enclosing the following documents in support of my application for Advance Parole:

• Form I-131, Application for Travel Document
• Form G-1145, E-Notification of Application/Petition Acceptance
• Copy of my birth certificate, translation, and certificate of translation
• Copy of my passport's biographic page and entry stamps
• Copy of my B-1/B-2 visa
• Copy of the I-130 approval notice
• Electronic I-94 copy
• Copy of my marriage certificate
• Two identical passport-style color photographs

I am requesting that your office promptly approve my request for an Advance Parole Document. If you have any questions or concerns, please call me at

(000) 000-0000. Thank you for the time taken in this case.

 

Sincerely,

[Applicant's Full Name]

[carmel34 3,531]

Make sure you are completely aware of the restrictions for the intending immigrant who files for AOS (no working, no leaving the US, in some states not able to get a driver's license) for a very long time as EAD/AP is taking 6-8 months and green card perhaps a year or more.  If not working and not being able to leave the country for a family emergency back home is ok with you, go for it.

[mimipimpaporn 4]

On 8/7/2021 at 12:09 AM, HRQX said:

2x2 photos of the sponsor are not needed.

If you don't have a criminal record then it's not needed. (bottom of Page 12 and Page 13) https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

 

An example of the optional cover letters:

Thank you so much! 

On 8/7/2021 at 8:05 AM, carmel34 said:

Make sure you are completely aware of the restrictions for the intending immigrant who files for AOS (no working, no leaving the US, in some states not able to get a driver's license) for a very long time as EAD/AP is taking 6-8 months and green card perhaps a year or more.  If not working and not being able to leave the country for a family emergency back home is ok with you, go for it.

Understood. Thank you so much. 

[mimipimpaporn 4]

I recently filed for extension of stay because of the covid situation in home country. I was hoping that by the time I return the situation should be better and I have a DQ’d CR1 in process right now. So my original plan is to go home for the interview. 
 

However, after a careful consideration and a serious conversation with my husband. We decided that it might be better to file for I-485 and abandon the consular process.

 

And now I don’t know what to do with I-539. Do I withdraw it or something? I have a biometrics appointment coming up next week. Should I go to that first and then withdraw it? 

I feel like it was a mistake filing for the extension but I did it out of panic because I wanted to file it at least 45 days before my i-94 expires. So i did that last minute and realized that wasn’t the good choice.

 

Please kindly advise. I am just afraid they will consider that fraud or misrepresentation or something. I just have no intention at all.

 

Thanks a lot.

[Ryan H 3,791]

~~~Similar topics merged~~~

[HRQX 4,145]

On 8/9/2021 at 4:33 PM, mimipimpaporn said:

And now I don’t know what to do with I-539. Do I withdraw it or something? I have a biometrics appointment coming up next week. Should I go to that first

Go to biometrics and let it process. Regardless of the I-539 decision (i.e. approval or denial) the I-485 decision won't be affected by it.

[mimipimpaporn 4]

On 8/11/2021 at 7:15 PM, HRQX said:

Go to biometrics and let it process. Regardless of the I-539 decision (i.e. approval or denial) the I-485 decision won't be affected by it.

Thank you very much!