Dave&Judy

2. I only use one big envelope to house all the paperwork, and use paper clips/fasteners to hold the separate forms together. But in reality they take those out right away in the mail room I believe, and put it in their own format.

a. I believe the intending immigrant needs 7, and the petitioner only needs 1. Check the list I posted earlier. Someone please chime in if I am incorrect.

b. i have seen other VJers use tabs , etc. if it helps you to organize it, why not ? Ultimately you want to be comfortable with what you are sending.

c. I believe B/W copies are sufficient.

Good luck!

So, were you able to get big envelope from post office or some where else?

also saving money has nothing to do with this, since h1 cost is borne by company entirely.

wrong advice.

Hmmm. you would be very surprised to learn how many companies put the burden of cost onto the h1b recipient as a precursor to being employed. they know it's illegal, but of you really need to work, you grin and bear it.

Thanks Mrsaveemac !

'aayitrun' might not have ground level info.

I assume, that could be the reason komiserimm is concerned about the fee.

And by saying "you won't be out of status" i meant you wont be out of status as once your AOS package(marriage based) accepted, you're on status provied by attorney general. I never said you can work during that period. During that small gap, you might take a small break or something.

Hope that helps !!

So i need to send 3 separate checks.

How many pay stubs required from petitioner(wife)?

Please anyone can have a look and let me know what i am missing? twonightowls? CocoCoco?

Thanks !

Wondering if someone was in same situation like me i.e. USC spouse filing for immigrant plus immigrant's kid?

Please share your experience.

Thanks !!

So i need to send 3 separate checks.

How many pay stubs required from petitioner(wife)?

Please anyone can have a look and let me know what i am missing? twonightowls? CocoCoco?

Thanks !

Do my wife need to file separate I-864 for my daughter(under 14) or can mention her name on the same

I-864 doing for myself?

Useful for you and others for the next step: Biometrics

http://www.visajourney.com/forums/topic/367977-thinking-of-early-walk-in-for-biometrics

CITY: Philadelphia - Drummond Road

Successful. No questions asked.

I walked in with my appointment letter and asked if I could do a walk in as my parents were arriving that day. The guard told me no but she would call and check if they could see me as nobody was waiting. I was in and out within around 15 minutes. We risked it and it paid off. We went in at 11am on a Wednesday. Seemed pretty quiet all round.

My appointment was for the 7th of August but I had my biometrics done July 25th.

I rarely saw anybody was turned back.

I feel its great idea to do walk-in as it speed up your EAD though not much for your GC.

But as long as its' making your processing quicker, why not.

That's right. You will get a letter with a checklist of things to bring for the interview. Most people find their interviews to be perfunctory and even pleasant.

You should not be panic for the interview but try to be on same page with each other for the straight forward questions like:

- How, when, where met

- each others DOBs, parents, jobs, address etc

and i am sure you'll come back like

God Bless !

also, you would want to file for your ead concurrently with the aos. hopefully you will receive it before your interview and restart work. It's less of an issue for you if you are not using your own income to meet the requirements.

Yes i am filing for EAD along with AOS package.

You're right. I'll NOT use my income to meet the income requirements. Anyway my wife's income is sufficient.

Thanks for offering help !

Its' great to know that you been thro' same situation.

So, what you guys suggest for:

Current USCIS status: I think i can put H1B. Though i am out of status but i stilll have that status as I-94 is valid until december.

Current Occupation: confused for this. I am pretty sure if i get EAD before interview, i'll start work before interview. So what u suggest at this moment to put my current occupation?

Thanks for your

B would apply to a person who has a parent or a spouse who is also a foreigner and was issued a greencard, and the applicant was eligible for AOS based on that family member's status as permanent resident.

A is correct if you are filing for AOS based on marriage to a US citizen.

Thank You, Little_My & Harpa !

A,

Whats the difference between a & b ?

Somebody pls can explain?

Part 2 Question: I am applying for an adjusment to permanent status because:

Shall i choose a OR b

I am married to USC and based on that i am doing my AOS.

Please advice.

Thanks !

There is an A number on my NOA receipt for my H-1 status adjustment. Not the visa.

May be you applied for some immigrant visa earlier an you got A3 assigned.

H1Bs don't have any A# assigned.

Little_my beat me to it, but I think you want to check "A" because you're adjusting based on your marriage to a US citizen, correct?

Your fiance is a US citizen, right?

Options a & b (for Part 2 Question A) on I-485 are little tricky/confusing.

What is the difference between two?

So, what would the right choice for a person going to AOS after

marrying to USC (which is this forum for)?

Thanks !

I have questions/situation about I-485:

I have H1B, for which I-94 expiring in Dec 2012.

Lost my job couple of months back and no longer working currently.

AS things change, company is willing to hire me back once i have EAD (i expect that in 2-3 months after filing).

Questions:

- What should i put in " Current USCIS Status" ? (H1B or H1B (out of status) or something else?

- And what goes in Part 3.A- Current Occupation?

- Do i need to send my tax returns or tax transcripts with AOS package?

- If I get EAD little before interview, and i join my job back. What should i explain to them?

OR i should join only after interview? Little confused about this. Please help.

Thanks for your !

Hi Friends

I am really confused here...will be really thankful if somebody can help me out in this situation.

I am the beneficicary and my wife is USC. our interview done in june 2011 but my case is still pending. my questions are

1. I am working now on EAD and can easily Beat the poverty line so if my wife resign from job and we file our taxes

jointly for 2012 is it be a problem if we got another interview in 2013 after filing the taxes and the IO see that my wife didn't work in that year ....do still my wife needs to beat the poverty line by herself or our combine income will be ok in Income tax returns?

2. In the 2011 income tax returns only my wife's income is shown in joint tax returns....I didn't get 1099 at that time when we filed our taxes...but later on I got 1099 for 2500$ so do i need to file those taxes separately by myself...or just stay quiet?

Thanks for your useful replies...I will really appreciate if Harpa timsha and JIM can give me some light here because i am reading their posts almost 2 years that atre really useful.

Thanks guys and good luck who are still waiting for GC like me

to get better help and help others !!

"All documentation establishing your eligibility for Lawful Permanent Resident Status" - Your birth certificate OR Passport

"Your petitioner's birth certificate and your petitioner's evidence of United States Citizenship" - If US born then birth certificate Otherwise Certificate of Naturalization+Birth Certificate

"Birth Certificates for all children of this marriage, and custody papers for your children and for your spouse's children not living with you" - This for if beneficiary applying AOS for his kids as well.

"A certified copy of your Marriage Document issued by the appropriate civil authority." - Your marriage certificate.

You're all set ! Nothing to worry about.

I will be glad to read all the questions they asked you guys becos mine interview will be coming soon. Good luck honey

So, how was your interview?

I have questions about I-485 so thought to use this existing thread...hope its okay

I have H1B, for which I-94 expiring in Dec 2012.

Lost my job couple of months back and no longer working currently.

AS things change, company is willing to hire me back once i have EAD (i expect that in 2-3 months after filing).

Questions:

- What should i put in " Current USCIS Status" ? (H1B or H1B (out of status) or something else?

- And what goes in Part 3.A- Current Occupation?

- Do i need to send my tax returns or tax transcripts with AOS package?

- If I get EAD little before interview, and i join my job back. What should i explain to them?

OR i should join only after interview? Little confused about this. Please help.

Thanks for your !

Somebody earlier asked if they should hire an attorney .

Here is what I posted (based on my own experience). In fact if I could do it all over again, I would file the petition on my own and hire the attorney for the interview only. Below you can see my post :

The answer to your question (do I need to hire an attorney) is YES and NO.

Yes, hire an attorney and No, do not hire an attorney.

Let me go over pros and cons.

On Pro side:

the real purpose of attorney is to protect your rights and make sure no error is made that leads to

denial of benefit you are statutorily eligible for.

I am currently on the last stage of my AOS and instead of approval I got RFE (after approval of I-130).

The main reason, as I see it, is that I didn't have an attorney during the interview.

And here is what happened:

I was NEVER in my life arrested or charged with any crime, anywhere. No DUI/DWI , nothing at all , nothing but very minor traffic tickets ( I didn't even get points on DL record for it!).

And I-485 unlike N-400 specifically says "excluding traffic violations".

Since I NEVER was arrested or charged of crime I NEVER admitted to the same and answered NO to relevant

application question.

However, during the interview I had an officer who specifically asked me "Not even a traffic ticket?" (after I answered NO to original question on i-485),to which I answered "I had traffic tickets".

He then went on to change my answer to YES , added in hand writing "traffic violation" and asked me to place initials

next to it.

A month later, instead of an approval I got the RFE saying "in your app and during the interview you admitted to have been arrested ... now submit an original letter of arrest disposition".

So, I had to hire an attorney (and I found a good one) to file a response who submitted the RFE reply.

Weeks later there is not even acknowledgment of RFE response receipt on USCIS.GOV page.

Had I had a competent attorney who went to interview with me he could have intervened and advised me not to place initials to YES and he would correct the newly hired USCIS officer that proper answer to this question should be NO since I have NEVER been arrested in my life or charged with any criminal violation.

So, this is just one example of when attorney can be helpful even if your case is million percent straightforward.

But here are the Cons to consider:

First, most attorneys charge obscenely huge amounts for nothing.

For example they will charge you some $2500 to $3500 and then make you

to do all the work (fill out all the forms) and after you fill everything out they will say

"now sign here and there" and then they will mail the package to USCIS.

If you paid a Kinkos employee to do all the copies of documents for you , you would end up with

$5-$10 bill. Since you yourself have to fill out forms, you could pay zero for it and, to be on safe side,

you could ask couple of your relatives or friends with good comprehension of English to go over and make sure

there are no typos or errors in your application.

Another $18 you would pay to send your package via USPS Express-next day delivery and , having spent $30 or so

you would have submitted exactly the same package as $3500 attorney would.

This ,of course, does not apply to good attorneys who may spend time with you , really analyzing your case and giving you advise, spending hours to fill out forms, but such attorneys are extreme rarity and most attorneys see their profession as a treadmill where fools are coming to pay them money in exchange for doing nothing.

Another big problem, again due to lack of ethical standards , is that in many cases attorneys will actually

damage your straightforward case.

Not only they don't do anything on your case while charging you for over 10 hrs of hourly rate to submit

your application, but on top of that they often hire poorly educated and low paid paralegals who , since they get paid little more than a cashier in Wallmart, populate your application with errors and some may turn to be very very costly to fix down the road.

So, hiring an attorney you risk to end up with insult and injury, not a best thing you can buy out there for 3 grands.

Now you have to consider all the pros and cons and make your own decision.

If I were you I would fill out all forms and submit by myself (just pay great deal of attention

to all and every single line and avoid by all means any typos and errors, even keep your application for days

before mailing, read and review it over and over during various times of the day as you get a chance and correct any and all typos/errors you may find. Ask someone to review and make sure all your answers are correct, have then read all questions to you and answer them and make sure all your answers are correct).

Make 2 copies of all forms submitted and put in a safe place your copies.

Once done with paperwork mail it to USCIS via FedEx or USPS Express, save the receipt.

Next you will be fingerprinted , issued EAD/TD and appointment letter for interview (assuming you fill out your paperwork with no errors and submit all the initial evidence to establish your eligibility).

When your interview nears then make a decision if you need an attorney.

If you decide to hire one make a very thorough research, make sure you are hiring a competent one. Do as much googling on a firm/attorney as you can. Get a list of few selected attorneys who have: good record, lots of presence on net, published , written books,attended seminars, praised by peers (check Martindale-Hubbel rating. The highest is AV) and etc.

Then pick up the phone and call to see attorney in person or talk over the phone.

If they say "Pay $XXX or WE WON'T TALK" then hang up immediately. May be it's a great attorney but you don't want to spend $200-$400 to just find out if he or she is.

Interview them as you would a plumber or a building contractor - you will be paying , they will be working for you and you should make sure they are truly competent , not just in paper but in real life too.

Ask pointed questions (not necessarily related to your case but find something relatively obscure to test how current the attorney is on current laws/rulings/case precedents).

This will help you to make a better judgment instead of blindly assuming that they are proficient.

If all checks and they agree to charge reasonable fee (interview lasts only 30-45 mins and you wait another hour or so to be called in) then you may pay relatively small fee in exchange for professional representation and to avoid situation like one I got myself into.

Tell your attorney NOT TO INTERFERE unless USCIS officer makes an obvious error or asks totally irrelevant to AOS forms questions.

If your attorney interferes , interrupts the officer and keeps telling you what to answer then the officer may grow suspicious that there is something wrong and this will cause major hurdles in processing of your case.

If you are lucky and the USCIS officer is experienced and knows his job well then you may not need any attorney at all. Google and find out if the local office had recently hired a lot of new officers. Older and more experienced the officers - higher chances you will pass the interview and be approved on the spot (assuming your case is straightforward and you submit all evidence needed with your application).

Good luck to you and all the best.

You are simply

Thanks for explaining in detail, and logical !

i think if you hire an attorney or interview, you need to sit with him and explain your case before interview so that he can help you at the interview. that makes sense...

How we inform USCIS that this attorney will be joining us at the interview otherwise they won't allow somebody with you to get in, right?

Hello !

If we don't hire an attorney during our AOS filing process, can we hire attorney just to be present at the interview?

Is there anything we need to mention in the paperwork for that now?

What we need to do in order to take attorney at the interview like informing USCIS or something?

Any experiences about taking attorney at the interview?

Thanks 4 your !!

Well, my company did offer me to extend my H-1B but I told them that I didn't need to since I'm getting married. So I don't have anything being processed for a H-1B extension at this point. I guess I'll just have to talk to my Human Resources and tell them that my paperwork is in process and I should be getting the EAD in the next 2-3 months and I should be forgiven if there's any time between September 30th and the day that I receive my EAD.

Please advise if needed.

Even if EAD comes little late, you won't be out of status but you'll be saving money for H1 extension.

Please update your timeline and profile/signature so people can suggest you appropriately.

Regarding roman/latin alphabet/letter;

My name(maiden) in native language is L****ø. Since US alphabet doesn't have that "Ø" letter, they're asking to put the name in native language. In English, my name is L****oe. In native, it's L****ø.

Great moomin, Thanks !

Thanks twonightowls !

you LITERALLY have to read carefully, and interpret LITERALLY!

Make sure to go back and forth at separate times to check your answers and the requirements, as it can get very overwhelming and may lose a minute detail here or there.

Good luck!

Thats why i am trying to confirm these minute details with VJers like you before finalizing

Thanks Harpa for replying to all my questions !(that too patiently )

Here are the questions:

f. For 20 - If your relative's native alphabet is other than Roman letters, write his name & address in native alphabets

Does that mean i need to write in my country's language (India, hindi)?

g. For D.1 if Separate petition are also being submitted for other relatives give names of each & relationship.

(... My wife will be filing for my Daughter as well. So, she need to put her name here? And relationship - Step Daughter?)

Thanks

Actually, she should put it. The A# stays with the person even after they are naturalized (even though they are no longer an alien). Putting it will help USCIS locate the former alien's A file, which will contain all of her information regarding naturalization. USCIS doesn't throw out the A file when you're naturalized.

It should be on your naturalization certificate. The certificate has two numbers, your A# and your Certificate number, and putting them will help USCIS confirm your citizenship (in addition to including a copy of the certificate).

I was searching for need for naturalization certificate and this came up.

My questions:

My wife is USC and have US passport. She was unable to locate her naturalization certificate.

For I-130, whether she need to provide copy of naturalization certificate (have to ?) OR copy of US passport will do?

Where we can locate her A#, if needed?

How we can obtain copy of naturalization certificate for her?

Thank You !