Pragati Soni

Please advise folks !

Planning to send this cover letter. Can you please review it for grammar and advise I have not missed anything to be sent along with AOS package:

Cover Letter:

Dear Sir/Madam,

I had filed for a green card petition for my wife under F2a category on Dec 30th 2014 (priority date). This I-130 petition was approved on Sep 28 2015. Initially I had requested for a consular processing for this case, however as per the October visa bulletin under applicant’s country of birth- India, I understand that my wife can request USCIS for an adjustment of status. My wife is currently visiting me and is going to be in the US until until Nov 22 2015.

In view of the recent changes visa bulletin for Oct, I would appreciate if you can kindly allow us to submit the paperwork for an Adjustment of status in the US itself, instead of consular processing in India. Appreciate your help and acknowledgement of the enclosed paperwork.

Enclosed paper work:

1. Fees-cheque of $1070
2. i-485 application
3. i-765
4. i-131
5. i-864 –from petitoner
6. i-g325a-applicant
7. i-693 applicant medical form to be submitted during interview.
8. 6 photos- of applicant
9. Applicant’s Affidavit of birth by parents & School record stating birth date
10. Passport copy (biographic page, US Visa page, entry stamp)
11. Marriage certificate copy
12. Petitioner-Greencard copy, Driving licence copy, SSN copy.

Please let me know if you need to know anything else.

Thank you,

Petitoner & Applicant

Lets pray for the progress of VB. I failed to understand why US creates demarcation among spouse of US GC holder v/s processing spouse of US Citizen.

We love our spouse and family too and call for equal rights and hence there should be no difference in processing

Forget it.

Tthe USCIS system and rules are not straight forward. No added advantages of becoming a US citizen with these complex set of rules. I would prefer to wait. No need to have a attorney

yes true. But my company is a US company and I was deputed to London.

think I have no choice but to wait. I am not in rush either. but I want to get away with burden of having the greencard.

saidk,How do I fill up Ds 260?I don't have much idea what exactly I have to do.Do I need to wait on WL first?

carot12,I haven't receive WL yet but I got access to the payment part at ceac and I don't know what to do.

just pay the fees if you are able to. But also follow the instructions on Ds260 online questions about your experience, qualifications, name, origin, address etc. Don't think u have to wait for WL

If I have not lived outside US for more than a year even after having Re entry, then I am better off right. But as I had a job in the UK, I don't know if there is any way I can prove I had rent paid in US..although my parents lived in US during all the time while I was away to UK and I was maintaining US credit card and bank ac.

You guys from 2015 are getting too excited about nvc fees etc. Please note that 2014 filers are still being processed. No matter how soon your case gets completed it will still be in queue until PD becomes current.

@sony,
Did you receive WL?
I have the same PD with you... I got the invoice number... But i was unable to pay AOS. I just got off the phone with NVC... So sad... The representative officer was not helpful. She told me to wait... That's it :-(

have patience. others are in queue

Please read this as I had a Re entry permit.

What is I-131?

It’s the same form you used for filing for Advanced Parole when you are in need of Advanced Parole during your Adjustment of Status. It’s also the same form used for protecting your Green Card through a process called Reentry Permit. So you use your 1-131 to apply for a Reentry Permit, which is typically given for two years at one go, and you can get that extended, depending on the circumstances. Basically, the I-131 tells the government, “Look. I am not abandoning my permanent residence. I am just going outside temporarily.” Once you file the I-131, things change for naturalization purposes.

Did you stay outside USA for one year continuously?

If you did, ordinarily, if you had not filed I-131, you would have to start five years all over again, if you have not lost your Green Card. You could have even lost your Green Card. But, if you had filed your I-131, you don’t lose your Green Card, and you also get a respite of one year. When you come back, you have to establish your US residence for four years and one day instead of five years and apply after you have accumulated physical presence in USA for 2 ½ years. It gives you one year off from those five years. That’s an added advantage of I-131. It protects your Green Card as much as humanly possible. There’s more to it. I would always advise you to talk with a lawyer before you take any steps of going outside USA for an extended period of time. It also shortens the time of five years that you would have to otherwise accumulate for naturalization.

Did you stay outside USA for one year continuously after I-131?

If the answer is no, then these same requirements that apply to normal people will apply to you. Physical presence of 30 months, no visit outside USA for a year or more, six months or more will have to be explained.

- See more at: http://www.immigration.com/media/form-i-131/requirements-naturalization-usa-forms-i-131n-470#sthash.ChjlcCp0.dpuf

I read somewhere that if I have the Re entry permit, then the eligibility is 4 years and 1 month if I have missed on the continuous stay. Please confirm

Please can someone assist I want to know when can I apply for US citizenship. Look at the excel dates.

Hi All
I got my GC on 7th May 2011. But I used to work in Uk and shuffle between US and UK. I have always paid US taxes since I had become a resident and worked for a US Investment Bank in London. I had a reentry permit valid from Dec 2011 till Dec 2013. I moved to US back in 29 April 2014 and got a job transferred here. Can you please advise when can I file for US citizenship. I am not married to a US citizen.

Comments USA Arrival USA departure dates number of days present in the US Number of days absent in the US got GC on 7th may 2011 7-May-11 9-Jun-11 30 18-Nov-11 3-Dec-11 15 162.00 9-Jun-12 27-Jun-12 18 189.00 7-Jun-13 1-Jul-13 24 345.00 Renetry permit expired Dec 15th Dec 2013. So entered US before the expiry 12-Dec-13 30-Dec-13 18 164.00 22-Mar-14 31-Mar-14 9 82.00 29-Apr-14 18-May-15 384 29.00 25-May-15 present 7.00

Comments
USA Arrival
USA departure dates
number of days present in the US
got GC on 7th may 2011
7-May-11
9-Jun-11
30

18-Nov-11
3-Dec-11
15

9-Jun-12
27-Jun-12
18

7-Jun-13
1-Jul-13
24
Renetry permit expired Dec 15th Dec 2013. So entered US before the expiry
12-Dec-13
30-Dec-13
18

22-Mar-14
31-Mar-14
9

29-Apr-14
18-May-15
384

25-May-15
present

Yes, they will need to know from the petitioner. So you have to cite the technical reasons and excerpts from IRS website too

I have a sample draft. I will search and privately message you.

Some confusion here.

First, USCIS cannot and will not give you legal advice. You should consult with an experienced immigration attorney to do that.

Second, it is the case that a visa number is always available for immediate relatives of a US citizen (spouse, minor child, parent of a child over 21, or widow/er). For those under the Family Preference categories (F1/F2A/F2B/F3/F4) then it was the case that in order to file an I-485 you must have had an already-approved I-130 for which the priority date was current, and you must have always been in status.

October is the first month of the new system whereby your previously-filed I-130 does not necessarily have to have been approved in order for you to file the I-485. Using the second Family Preference table in October's visa bulletin (marked "Dates For Filing") someone with a family preference case can now file before their priority date becomes current, if your priority date is dated on or before the date in this second chart. At the same time you file the I-485 you can also file an I-131 for Advance Parole, and an I-765 for employment authorisation. These have no fee, and can be renewed as many times (again, for free) as is necessary until USCIS adjudicates your I-485, which cannot be before your priority date becomes current. You must still have maintained a valid nonimmigrant status (F-1, B-2, etc.) during your entire stay in the US until your I-485 is accepted by USCIS, because you are not an immediate relative.

After filing the I-485 the alien is considered to be in a period of authorised stay which will persist until their I-485 is finally adjudicated. This means that it does not matter if their I-94 expires after their I-485 has already been accepted for processing by USCIS.

You should not submit an I-693 medical with any AoS packet filed this way. The reason being they are only valid for a year from the date you submit them to USCIS, and most likely you are going to be waiting around that time, first for your priority date to become current, then for an interview slot at your local office. During that time your medical may expire, and you'd need to have another one performed, meaning the first one was essentially useless. It's much better to wait until you have an interview date, then get a medical completed beforehand and take it to hand-deliver to the officer at your interview.

Thanks Hypnos, I spoke to USCIS and they said I can send my wife's AOS package and she is eligible to stay till the i485 is going to be adjusted.

Hi All what should I fill up in point 16 17 18 for I 765 for my wife who is applying for AOS i485 forms from tourist visa. She already was approved of F2a petition i130 on 28th Sep by USCIS

1) on my I864 as a petitioner what should be my Annual income on pg 5 - Part 6, point 2: Is this required to match the cost to company offer that I currently get ie Gross Pay on monthly pay stubs x 12.

or should it be matched to adjusted gross income on IRS form 1040 EZ required on page 6.

2) me and my wife did joint returns for 2014 and now I am sending this Afidavit of support . Should I tick mark the point 17 of Part 6 one of more people listed in item numbers 3 6 9 12 do not need to complete form 864A because she is the intending immigrant. Please note that I am not using any of her income as I believe my income is sufficient enough..Its just that we have done joint returns.

Please advise

1) on my I864 what should be my Annual income on pg 5 - Part 6, point 2: Is this required to match the cost to company offer that I currently get ie Gross Pay.

or should it be adjusted gross income on IRS form 1040 EZ required on page 6.

2) me and my wife did joint returns for 2014 and now I am sending this Afidavit of support . Should I tick mark the point 17 of Part 6 one of more people listed in item numbers 3 6 9 12 do not need to complete form 864A because she is the intending immigrant. Please note that I am not using any of her income as I believe my income is sufficient enough..Its just that we have done joint returns.

Please advise

^{I agree with Randy. I think you are eligible to AOS and you can send in your details tp USCIS.}

^Thanks

^Anand

Hi Guys

Another person in this forum having a situation like mine has posted his AOS package and this is the below he got from USCIS as per I797,

I-797, approval notice today. However, it's written like this:

"

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of Status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.

Additional information about elegibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.

This is very confusing. What does this mean..will he get the EAD cards or not or whether the USCIS going to send the package to consular processing?

I'm waiting for your good new. Something is unclear in here. For example, if a man/woman gets married with an US citizen, he/she can apply I-485 since his/her visa is always available. In contrast, our case's visa number is not available right away. Basically, the second table just tells us that we can go ahead and apply I-485, it doesn't guarantee that the number of visa is available for us. So, I'm not sure whether or not the USCIS will accept our application. At some points, I guess this is a way that USCIS can earn more money since we have to pay $1000 for applying I-485.

1) That's right.I want to hear from horses mouth if we are E L I G I B L E to even send the paperwork.

2) Whether you want to apply for consular post for GC or AOS here you will have to pay the fees irrespective.

3) AOS will be activated when the PD is current. But what is helpful for us is, there's no separation with spouse and they can earn/learn while on EAD/AP.

4) Whether we are eligible to even initiate the process is the question here..forget about approval or non approval. Fees will not be refunded if we try to initiate and are told we are not eligible to AOS as a visitor visa of a GC holder spouse is not allowed unlike US Citz spouse who can overstay the visa/work without approval and are still able to adjust.

Fees:1. $1075 i485+i765+i131

2. +$250-500 i693 medical check up

3. +$60 FedEx courier

we are talking about $1500-1700 costs upfront in all the application package.

Hope the suffering ends soon.

Ah, you are confusing the immigrant visa process with the AoS process.

The part you quoted means that those cases with current dates can proceed with their immigrant visa process, if they are still outside the US and have been contacted by the NVC. For someone already in the US in a legal status, they can file for AoS with USCIS if they so wish.

I was reading rules on I485 and also been reading on other legal forums where it specifically states that for applying for AOS from tourist visa or VWP under family preference one has to be a spouse of US citiz. This also corroborates to what the uscis phone agent told me few weeks back. Now planning to directly go to USCIS field office to find out if its possible for spouse of GC holders to AOS from visitor visa

Hi All,

After our marriage my wife has since used married name on the marriage certificate and there is a change of name affidavit too that was filed together in our home country which is customary.

Her GC F2a i130 form was also approved and it also has married name. However my wife passport still has a maiden name. Is this a problem for her Aos 485 application forms? What name should I use in the application form..should I put down her passport name which is in her maiden name or should I use the married name and also attach our marriage certificate and our home country affidavit to that effect that the name refers to the same person.

Pls advise if anyone has faced this problem before and share the experience

Thanks

Anand

NAME--------------------PD-----------------NOA2---------------NVC-------------CASE COMPLETE---------------INTERVIEW

chejemmie-----------------------Dec 31, 2014-----------SEPTEMBER 22 2015---------------WAITING

Question: based on the October bulletin, do we await a letter from NVC or can we send forms, fees, required documents etc? I am adjusting status, my date isn't current but I qualify to submit paperwork and receive AP and EAD.

Please contact NVC ASAP to get the information.

http://www.travel.state.gov/content/visas/en/immigrate/nvc/nvc-contact-information.html

Hi Chejemie, please read the table B from visa bulletin especially for people who can AOS in the US and I think we have to wait till we hear back from NVC. But I recommend you call the NVC or email them through the public form. I am going to do the same for my wifes application.

B. DATES FOR FILING FAMILY-SPONSORED

VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visit www.USCIS.gov/visabulletininfo for additional information.

Bakshir, you have to wait and watch for a few days. If you don't hear anything then schedule appointment online. Don't worry if your documentation is in order, it will be approved. Files get transferred to manage the workloads and this is usual the case.

that's really annoying of nvc. You should always put a coverletter mentioning what u sent and what will be submitted at interview.