mroctober430

Hello, my wife and I were supposed to have our AOS i-485 interview last Friday at the Fresno FO, but we were called saying it has been cancelled due to the rise of Covid cases. We got our NOA for the cancellation in the mail on Tuesday, and on Wednesday I checked our case status and it's been updated to "request for initial evidence was sent". My guess would be that they're going to request her medical form and most likely a decision will be made on the case without an interview. I have read about people interviews being skipped due to Covid but I'm curious if USCIS are still bypassing interviews for visas? Has this happened to anyone recently?

Timeline:

June 12, 2020 - Packet sent

June 23, 2020 - Packet accepted

August 10, 2020 - NOA for outdated i-765 form

September 8, 2020 - Biometrics done

September 9, 2020 - Ready to be scheduled

July 15, 2021 - Interview scheduled

August 6, 2021 - Interview cancelled

August 18, 2021 - Initial evidence required

31 minutes ago, HRQX said:

It's valid for 2 years from the date the Civil Surgeon signed it: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Form I-693 Submitted to USCIS On or After November 1, 2018

When did civil surgeon sign?	I-693 retains evidentiary value through
No more than 60 days before applicant filed underlying benefit application with USCIS	2 years from date civil surgeon signed I-693
After applicant filed benefit application with USCIS	2 years from date civil surgeon signed I-693
More than 60 days before applicant filed benefit application with USCIS	N/A – I-693 not valid at time applicant submits I-693 to USCIS

Awesome. Thank you so much for the reply.

Last year we applied for my wife's I-485 around June, and we got the notice around August the I-685 medical exam was missing, she went ahead got it scheduled. Our interview is in 4 weeks but we're now wondering she would have to get a new one or can she keep the old one?

Mailed: June 19

Delivered: June 22

RFE (outdated I-765): July 15

Checks Cashed: July 17

Text Msg: July 18

NOA1 & 2: July 23

Biometics: August 4

I resent the I-765 along with the NOA acceptance letters. Hopefully that goes well. I'm pretty excited that the biometrics were scheduled so quickly.

On 7/18/2020 at 1:02 AM, Bayanoparker02 said:

Hello

Because things goes slow now with the immigration, my advice is that you just correct your RFE with the correct version of the I-765 form and write a short letter where you will explain them that you filed concurrently and so the I-765 form is waived. Also include the receipt which shows that the I-130 and I-485 fees have been taken.

Thank you.

i have just received my NOAs. Do I still send it to the Chicago lockbox? 

1 minute ago, Allaboutwaiting said:

There's no fee if filed concurrently. 

You must wait for the I-485 NOA and include a copy when you file the I-765 again.

Perfect. Thank you

In June we sent off the I-130/I-485 AOS packet along with the I-765 and I-944. 
 

Well this week we got a letter of rejection from USCIS for I-765 stating either fees weren’t paid and form is outdated. Well we checked and on the bottom left the form is outdated (5/31/18) and the one on the website is 12/26/19. Mistake.

Anyway this has me worried. The NOA number states our case has been rejected because incorrect fee but I thought the 765 is free if filing with the AOS? Can I resubmit the 765 by itself with the correct form and the NOA notice I got for the rejection or should wait until the 485 acceptance notice because they had already cashed our I-130/I-485 checks. 

1 minute ago, bel044 said:

Yes, 12 months of bank statements is crazy to me!  I understand wanting to see more than 1 month, but 12 is overkill...especially when you have multiple accounts!

Yeah it's insane. Not only they want my wifes, but mine as well and we have a joint account for bills, so 36 months worth of statements. It actually makes the the original i-130/i-485 packet look tiny. 

15 hours ago, lainey122 said:

I'm working on my I-485, I-944, I-864, I-765 and I-131. lol

 

I feel like I just killed a small forest with the number of paper I'm sending in.

 

Anyone else feel the same?

 

🤯

Bank statements alone nearly broke my printer. It really seems excessive. 

Yes, if she has a green card (permanent resident), than she can petition for her spouse. 

https://www.uscis.gov/family/family-green-card-holders-permanent-residents

2 hours ago, arken said:

I hope you are revisiting No.12 of your i864 list.

Yeah, it's kind of tricky. But shes going to have her employment supervisor write sort of a recommendation on her work ethics and her future goals within her department once she becomes a LPR.

53 minutes ago, Nat&Amy said:

OP, any reason why you're not filing for Advance Parole?

That's the i-131? We weren't sure if she needed it. Got confused on what to mark for the Application type.

26 minutes ago, elizabethquestion said:

You only need one G-1145, place it on top of your application packet. 

thank you!

1 hour ago, arken said:

Some comments

I-130:

G-325A is not needed for both.

The instruction clearly mentions 2 PP style photos if both, so why one on 10 and 11.

i-485:

where are the evidences of bonafide marriage? Include as many as possible.

 

i-864:

G-1145 not required, it’s not an application or petition, just a supporting form for i485

No. 12: it seems it’s your wife’s own statement, if so, no good. She will need a letter from her employer that she will be employed after she becomes an LPR. 
 

Unless your salary is low, switching jobs has no effect. If you didn’t have a job for 6 months and started a job from two months ago and you earn $5K a month, your current annual salary is $60K. In any case, you can include your beneficiary’s income to your i864 for increased household income.

 

Thank you. Notes I'm looking for! 

So to be clear, I-130 and I-485 should both have evidence of marriage?

I-864, I switched jobs and I work on a substitute basis so my income fluctuates. As my wife is stable.

Ready to send off our AOS for my wife. This is kind of a rough draft and want to see if I need to add or remove anything. 

I read the G-325A aren't needed anymore? Also should each packet have 2 passport photos? As for the I-864, I barely made the poverty line (due to switching jobs) but my wife makes well over that, so with our income, we wouldn't need a sponsor. Am I fine keeping her on the support packet? Any help would be appreciative. Thanks!

I-130 Petition for Alien Relative

1. Check of $535 payable to U.S. Department of Homeland Security

2. Form I-130, Petition for Alien Relative

3. Form I-130a, Supplemental Information for Spouse Beneficiary

4. Form G-1145, E-Notification of Application/Petition Acceptance

5. Form G-325A, Biographic Information Sheet for Petitioner

6. Form G-325A, Biographic Information Sheet for Beneficiary

7. Copy of Petitioner’s Birth Certificate

8. Copy of Petitioner’s Passport

9. Copy of Marriage License & Certificate

10. One Passport Style Photo of Petitioner

11. One Passport Style Photo of Beneficiary

12. Evidence of Bona Fide Marriage

• Copies of Joint Bank Account Statements

• Copies of Lease Agreements

• Copy of Shared Health Insurance

• Copy of Shared Phone Plan

• Vacation Photos

• Wedding Photos

I-485 Application to Register Permanent Residence or Adjust Status

1. Check of $1,225 (with Biometric fees) payable to U.S. Department of Homeland Security

2. Form I-485, Application to Register Permanent Residence or Adjust Status

3. Form G-1145, E-Notification of Application/Petition Acceptance

4. Form I-693, Report of Medical Examination and Vaccination Record (Sealed Envelope)

5. Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

6. Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

7. Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

8. Two Passport-style Photo of Beneficiary

I-864 - Affidavit of Support

1. Form I-864, Affidavit of Support

2. Form G-1145, E-Notification of Application/Petition Acceptance

3. Copy of Petitioner’s Birth Certificate

4. Copy of Petitioner’s Passport

5. Copy of Petitioner’s Tax Transcript & W2’s (2017, 2018, 2019)

6. Copy of Petitioner’s 6 months of Paystubs

7. Copy of Petitioner’s Employment Verification

8. Copy of Beneficiary’s Tax Transcript & W2’s (2017, 2018, 2019)

9. Copy of Beneficiary’s 6 months of Paystubs

10. Copy of Beneficiary’s Employment Verification

11. Copy of Beneficiary’s Current EAD

12. Copy of Beneficiary’s Intent to Keep Working Cover Letter

I-765 - Application for Employment Authorization

1. Form I-765, Application for Employment Authorization

2.  Form G-1145, E-Notification of Application/Petition Acceptance

3. Copy of Beneficiary’s Passport Biographic Page

4. Copy of Beneficiary’s Current EAD

5. Two Passport-style Photo of Beneficiary

I'm a US citizen who married my now wife of 8 months (but been together for 4 years). Anyway she entered the US legally at the age of 6 with a Border Crossing Card in 1996. She then left to Mexico in 1999, came back the same year through the POE legally which they gave her a B-2 visa (I-92), and well after that she never left again. Her BCC visa expired in 2001. So yeah she overstayed. She then applied for DACA in 2012 but she was already past the age of 18.

Now that we're married I want her to become a permanent resident. Obviously through DACA she was able to receive an EAD and a U.S. social number for working purposes. I'm reading about the laws for DACA/AOS and it's just messy. I finished cleaning up my I-130 and ready to send it out along with her I-485 but I'm wondering if we now going to run into any problems? Would she have to leave the US and possibly receive a ban?

We plan on consulting with a lawyer and see the best route but I find this forum very informative with people with real experience. 

20 hours ago, Boiler said:

BCC only allows you to stay 30 days.

Makes things weirder.

19 hours ago, Paul & Mary said:

The problem with the BCC at a land POE is that unless you purposely go "check-out", USCIS has no documentation of the holder (ever) leaving.  It has been on the honor system.  So guess that happens?  No records.

 

There is newer technology deployed leaving the US but it has poor accuracy so the issue is the same.

 

BCC holders can also pay to get a paper I-94 and it can extend the time to 6 months and allows for travel outside the border zone.

Yeah like I said she had a BCC but was given a B-2 (I-92) for multiple reentries for 6 months. Her BCC was valid for 5 years. 

All in all, it was a lawfully entry. Just an overstay. 

46 minutes ago, Boiler said:

Are you sure it was a visitor visa? That timeline does not make sense, visitors are not admitted for that long.

Sorry I double checked, she had a Border Crossing Card from 1996-2001. 

44 minutes ago, Paul & Mary said:

A visitor visa allows for a maximum stay of 6 months. 

Her visa would have been cancelled due to the overstay in 1996.  It would he hard to re enter on that visa in 1999.

Sorry I double checked, she had a Border Crossing Card and Visa from 1996-2001. Her B-2 visa was granted for one year in 99-00. 

My wife and I were married last year after being together for 4 years. Her status is a DACA recipient and here on a work permit. She entered the USA legally with a visitor visa back in 1996 as a child from Mexico, left in 1999 but came back the same year with the same visa. Lawful entry via Port of Entry. Her visa however expired in 2001. So she overstayed. She was able to go to school and a university and thanks to the Bush and Obama administration for helping child alien arrivals which led to being able to receive a work authorization permit.

Now that we are married I want her obviously to be a permanent resident. So we are starting process. The I-130 is simple, got the documentation we needed etc. But when it comes down to file for her Adjustment of Status, it becomes quiet confusing.

Because I can file online, should she wait to send her I-485 after I receive notice from USCIS?

Also would she have any problems due to her overstay? 

They ask for the I-94 which she has but it's obviously expired from 2001, should we still submit it?

I know with being with DACA and having work permit doesn't guarantee anything but just trying to find the right path without getting barred. 

Thanks for any information.

I think anything "officiall-ish" in your name, from mexico will be ok, also maybe card statements if you made atm withdrawals or card payments.

Remember that to file the petition you only meed to prove you met once in last 2 years. For interview you might need to prove ongoing relationship.

I started looking through my statement and seen I had withdraws from San Luis, AZ which is right across from the Mexican bordertown where she lives. I'm going to print what I have, it's not much only have back to July of last year. But I'm going to put notes on each stating what it is.

They may not stamp your passport, but they do keep records. Theres a thread somewhere (youre going to have to search for it) where it talks about how to get the records, or if you live close enough to the border- you can inquire there in person. I vaguely remember someone saying something about getting a printout of all their border crossings, because they had the same situation- they crossed almost weekly by car.

Not a bad I idea, I know they have my records because they question sometimes why I drive 8 hours once a month. I might ask when I go at the end of the month to visit her.

The first is quite difficult because traveling by land US/Mex don't stamp your passport. Don't having boarding passes or plane tickets since all meetings been by car.

I can provide for some trips since we gone deep to Mexico and traveled from Sonora to Baja California got Puerta tickets. How could I prove I've seen her once a month. Gotta figure that part out.

Number 2, is easy, got our e-mails, photos, and phone bill.

I figure I just bump this up instead of making a new thread.

I'm done with our packet and soon be sending it as soon as I can have her sign it and date it where she needs to. I got a few questions, I don't want no problems and have to get a RFE. So with the packet I'm sending:

6 pictures of us together during various stages of our relationship and 1 with family. Also 1 current.

3 pages of her phone bill which is an American cell phone that I pay for and shows her international calling to my cell. So will show a payment and calling to my cell within' past 3 months.

1 page of toll tickets that I saved when me and her went with my mom and her husband to Nyarit Mexico for a week to show that we traveled together. No photos because all were lost.

Just wondering if this will be enough evidence of a real relationship?

k thanks all. one more deal.

on the assembling packet checklist, do I and my fiancee fill out the G-325a? just wanna make sure

My fiancée and I are planning to do the K-1 visa route instead of getting married, due my work and small hour windows with Mexican government offices, it's hard for me to get my permission papers.

I do however have a few questions. Most are basic and I have seen many topics, FAQs and even info all been very helpful.

We plan on sending our packet in the middle of April. It will be leaving from CA but how are the service centers dealt with after NAO1, is it random to the CSC and VSC? I rather prefer the Vermont center. Also given this type of visa, what are the projections of the Juarez Consulate MX of approving the visa? What timeframe are we looking at?

Also on photos, how do most send them out? Like place 2-3 in a laminating sheet or like a clear paper pocket. Maybe just in a envelop?

Any info will be appreciated thanks.