September 2023 - AOS Filers

[SummerTime18 0]

Hello September 2023 AOS filers another month another round of AOS submissions,  Please be aware that this checklist is NOT all-inclusive and you must consult the USCIS website to crosscheck this checklist against/with. The AOS process has been confusing since the pandemic hit, not to mention the added politics. So please I want to stress that you only use this check sheet as a starting point and guide if you will. The USCIS site will be the final guide. Please ensure that you check your forms for the correct versions and editions because if you use the wrong forms USCIS will reject your application and send it back to you. This is easily checked on the USCIS website prior to downloading your forms. You should also ONLY download your forms from the USCIS website.  The current and correct fees can also be ascertained from the USCIS website.

 

Just a side note before we get started  USCIS may decouple Forms I-765 and Form I-131 if filed jointly with Form I-485. Here is the quoted text taken directly from the USCIS website. "To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Form I-765 from Form I-131 filed at the same time. Effective Feb. 1, 2022, when possible, we will adjudicate an applicant's Form I-765 first. If we approve it, we will issue an Employment Authorization Document without any notation about advanced parole. We will adjudicate Form I-131 separately and if we approve it, we will issue an advance parole document". I know this is old news, but I thought it would be good to include it here for your knowledge.

 

What this means is some people elect to include three (3) copies of their marriage license/certificates one attached to each form (I-485, I-765 and I-131 respectively). I do not know of anyone receiving an RFE for a marriage license/certificate missing on the I-765 or the I-131 since USCIS has started doing this new way of adjudicating the AOS (the marriage license/certificate with form I-485 is required though). This is an age-old concern that has been in play before this new way USCIS started adjudicating these forms. Some filers including me when I filed the AOS back in 2019 sent in three (3) copies of their marriage licenses/certificates. I did it then because of peace of mind and there were some RFEs given out for missing licenses/certificates (back then).  USCIS also used to issue Combo Cards, Employment Authorization Document, and Advance Parole (EAD and AP combined in the same card). I've seen now where they have issued an EAD without the AP.  Whether you include three (3) copies of your marriage license/certificate is going to be your individual call when you file your AOS.  Having said that let's get into the checklist: 

 

 

AOS Checklist

• Cover Letter listing Table of Contents
• Check Payable to U.S. Department of Homeland Security - $1,225.00 (this includes the Bio-metrics fee,  also be aware that fees are supposed to increase in the near future so please double-check before you send your packet off!) 

 

Form I-485 (completed and signed by non-US Citizen/beneficiary)

• Form G-1145  
• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• Copy of NOA2 Approval letter (from K1 process) 
• I-94 
• Copy of beneficiary's Birth Certificate 
• translation of birth certificate (if needed)
• Certified copy of Marriage License or Certificate
• Passport Photos (2) name written on the back 
• Copy of DS-3025   

 

Form I-864 (completed and signed by USC) (goes with form I-485)

• Proof of USC's citizenship (copy of birth certificate, copy of passport bio page, or other)
•  Current tax year 2022 and (optional 2021, 2020) Tax Return (with W-2) or Transcripts (transcripts are better if you can get them)
• Employment Verification Letter (updated one - not the one used during the K1 process) 
• Pay stubs (last 3 months)   

 

Form I-765 (completed and signed by non-US Citizen/beneficiary)

• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• I-94 
• Passport Photos (2) name written on the back 
• Copy of NOA2 (from K1 process)
• Be sure to use the correct filing code of (c)(9) if this code applies to you. The I-765 instructions explain all the codes in detail. If you are filing under a different code (other than (c)(9) the fee for your AOS will not be correct and USCIS will reject your entire packet.

 

Form I-131 (completed and signed by non-US Citizen/beneficiary)

• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• I-94 
• Passport Photos (2) name written on the back 
• Copy of NOA2 (from K1 process    

 

Be sure to double-check for the current fees as fees do sometimes increase and they can change on a dime so please check. Additionally, check the forms as listed above i.e., current version and or edition date, there have been many changes to various forms. Consider sending tax transcripts instead of the 1040, and W2s. Also, consider preparing a cover letter for each form in addition to the main cover letter. 

Make sure you send long-form birth certificates and not the short form.  Hope this helps in your preparation of your AOS. When in doubt ask questions.

 

Please consider filing the I-131 and the I-765 even if you don't think you'll need them right now. You never know what changes your life will have down the road, so I recommend you file these two forms from the start. There is no extra charge to file them with your AOS and it's better to submit them all at once.  There has been much confusion coming out of USCIS, partly due to Covid-19 and partly self-inflicted. This confusion filters on down to the people filing for AOS. The above listing is subject to change at a moment’s notice so please check, recheck, and check again BEFORE you send off your packet for any last-minute changes.

 

 

Congratulations on the successful submission of your AOS packet!

[SummerTime18 0]

Case received on 09/15/2023.

Waiting for a biometric appointment. 

[CaseyKat 1]

Received a letter today from USCIS for a Biometric Appointment.

[Jetc.- 0]

My case was received on 09/15, still waiting for the biometrics appointment. 

[Ms. Clarke 32]

Hey there! Just wanted to share that my hubby finally finished his biometrics today! Woohoo! 🎉 By the way, I heard that the wait for work authorization is almost two months. Can you believe it? Anyway, I was wondering if you knew how I could check the status of the other documents I filed. Any info would be greatly appreciated! Thanks a bunch! 😊

[JR2020 2]

Hey all, 

I am new to this "Topic"

Filed on September 28. 
PD: October 2nd, 2023. 
State: Washington

Field Office: Seattle.

Has anyone from Washington State already received their GC with PD as of September 2023? 

[OldUser 4,874]

21 hours ago, JR2020 said:

Hey all, 

I am new to this "Topic"

Filed on September 28. 
PD: October 2nd, 2023. 
State: Washington

Field Office: Seattle.

Has anyone from Washington State already received their GC with PD as of September 2023? 

Processing times state, 80% of family based I-485 take 16.5 months in Seattle. Employment based - 20.5 months.

 

I think it would be overly optimistic to think many people got approved already.

 

https://egov.uscis.gov/processing-times/

[scholes18 30]

1 minute ago, OldUser said:

Processing times state, 80% of family based I-485 take 16.5 months in Seattle. Employment based - 20.5 months.

 

I think it would be overly optimistic to think many people got approved already.

 

https://egov.uscis.gov/processing-times/

Not really. NBC has been flying through K1 AOS cases in recent months, many of which have the interview waived and don't even get sent to the field office. 

[OldUser 4,874]

3 minutes ago, scholes18 said:

Not really. NBC has been flying through K1 AOS cases in recent months, many of which have the interview waived and don't even get sent to the field office. 

Got it. So in that case, how is your state / city relevant? 

 

I'd check case status for cases around your case to see if there's movement.

Edited February 2 by OldUser

[JR2020 2]

2 hours ago, OldUser said:

Processing times state, 80% of family based I-485 take 16.5 months in Seattle. Employment based - 20.5 months.

 

I think it would be overly optimistic to think many people got approved already.

 

https://egov.uscis.gov/processing-times/

K-1-based AOS approvals are faster. It doesn't depend on those processing times. I know someone who applied in June 2023, who got approved in November 2023

[JR2020 2]

2 hours ago, scholes18 said:

Not really. NBC has been flying through K1 AOS cases in recent months, many of which have the interview waived and don't even get sent to the field office. 

When I checked with an agent in the 'Chat with Emma' option, they said my interview was waived and sent to the field office. Haven't gotten any other update. That's why checking up on this group to see if anyone else have gotten approvals yet.

[OldUser 4,874]

11 minutes ago, JR2020 said:

When I checked with an agent in the 'Chat with Emma' option, they said my interview was waived and sent to the field office. Haven't gotten any other update. That's why checking up on this group to see if anyone else have gotten approvals yet.

This doesn't make any sense.

If the interview is waived, usually the case doesn't get transfered to field office. It's transfered to the local field office for the interview, typically.

 

I'd be very careful believing anything Tier 1 agent or "Chat with Emma" say. Only official communication in forms of letters from USCIS. Anything else is speculation.