jn98

Thank you 

We are putting our AOS package together, we filing I130, I485, I765 and not sure if we can apply I131 for traveling in 02/2018. Questions on the form on part 2 (Applicant Type), what should I check

I'm getting ready to file form I-485, I have a question on part 3. B. List your present spouse and all of your children (included your adults son and daughters)

My husband does not have any children but I have children from a previous relationship, do I list them or not.

I accidentally fliped my husband birthday (beneficiary) form I 130 #4.  12/02/1995.  And on form 325a 12/02/1995.  His birthday should be 02/12/1995.

I got an email:  can some one explain what it mean.

I just got this email can someone explains,

Go Good afternoon:

We have received your service request regarding your approved I-130. You indicated that you erroneously provided the wrong (error) on the (Form) I-130 and you would like to correct it. However, this case was approved, therefore, in order for your case to be processed as desired, you must submit an amended application/petition with the proper fees and signature.

We hope this information is helpful to you.

XM205

On 7/2/2014 at 5:38 PM, Hypnos said:

Q1: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status?

 

Q2: I was visiting my boyfriend / girlfriend and we spontaneously decided to get married. Can I stay and adjust status?

 

A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option.

 

It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista).

 

If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet. Note that your I-130 does not have to have been approved before you can submit an I-485, you can submit an I-485 even if the I-130 is still only pending.

 

Q: On the I-485 part 2, what application type should I select?

 

A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130.

 

If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C.

 

Q: I'm adjusting from a K-1 and already had a medical performed overseas within the past year. Do I need to have another medical performed by a civil-surgeon and get an I-693 completed?

 

A: You may or may not. See Nich-Nick's excellent post which explains if you need to have another medical performed: http://www.visajourn...port/?p=6206232

 

Q: I entered on a K-1 and married within 90 days, but haven't yet filed for adjustment of status. My I-94 has expired, can I still file?

 

A: Yes. When your I-94 expired then your period of authorised stay ended and you became illegally present in the US, incurring overstay. A spouse of a US citizen is an immediate relative though, and as such, overstay does not prevent them from adjusting status. You must only have entered the country legally, not necessarily maintained your nonimmigrant status. As soon as USCIS accept your I-485 for processing then your overstay clocks stops (if you filed after your I-94 expired) and you are placed in a new period of authorised stay which will persist until your I-485 is adjudicated, however long that takes.

 

Q: I'm filing an I-765 with or after my I-485. What eligibility category code should I use?

A: C-9.

 

Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived?

 

A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived.

 

Q: My I-485 is still pending, but my AP and / or EAD are about to expire. Can I renew them? Do I need to pay a fee?

 

A: Yes. You should file for a replacement AP and / or EAD 120 days before your current documents will expire, if your I-485 is still pending. Enclose a copy of your I-485 receipt NOA with your renewal applications and your new documents will be processed without charge.

 

Q: Will I have an adjustment of status interview?

 

A: If you're adjusting from a K-1 (or K-2) then accepted thinking indicates you have around a 50-50 chance of actually having an interview. After a month or two you may receive a "Notice of Potential Interview Waiver" in the mail, telling you that your AoS may not need an interview but will take additional months of processing. This notice is not a guarantee that you won't have an interview. You will either just spontaneously receive your green in the mail a few months later, or receive an interview appointment down the road.

 

If adjusting from any other type of nonimmigrant visa (including B-2, F-1, VWP, J-1, H-1B, O-2, and others) then an interview is mandatory.

 

Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean?

 

Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong?

 

A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about.

 

Q: I have further questions not answered here, where should I post them?

 

If adjusting from a K-1 (or K-2) you should post in the "Adjustment of Status From Family-Based Visas" board here: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

 

If adjusting from any other type of nonimmigrant visa you should post in the "Adjustment of Status From Work, Student, and Tourist Visas" board here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

 

Q: Thanks for making this FAQ, Hypnos. You're awesome.

 

A: That's not a question. And yes, I am. Thanks to KayDeeCee, Harpa Timsah, Nich-Nick and Kathryn41 for their input and contributions to this FAQ.

 

 

 

 

 

I also have a question on form I-130 part C #17, do I list my name , my spouse name and do I also list my childrens from a previous marriage name on it too or do I just put my husband name.

On 3/1/2017 at 8:49 PM, Megha13 said:

Hi,

It should be a for i485 and i765 c9

I also have a question on form I-130 part C #17, do I list my name , my spouse name and do I also list my childrens from a previous marriage name on it too or do I just put my husband name.

Thank you for your help

Thank you for your help, It said attach a copy of the approval notice but I don't have any approval notice, I'm planning to fill out form I-130 and I-485, I-765. 

my husband is a US Citizen we just got married last month and we are filling out the form.

I have a question on filling out form I 485, I'm F-1 status, my husband is sponsoring me but I'm confused in filling out form I 485 part 2.  I am applying for an adjustment of permanent resident status because:  I selected (b) my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.  I don't know if that is correct. Please help

and on form I 765 question #16.  Eligibility category.  Go to the Who May File Form I-765? section of the instructions.  In the space below, place the letter and number of the eligibility category you selected from the instructions. For Example (a)(8), (c)(17).(iii), etc.  I selected C 9.  is this correct.

Thank you for your respond, I did call the Uscis,they did informed me to write a letter stating what I did wrong on the form I 130 and on the form G325a with my received number and send it to my uscis office.  

Thank you for the respond,

I'm a little confuse in filling out the House hold size on form I 864.  I'm sponsoring my husband and I'm filling out form I 864 on Part 5. #8. Total house hold size, what number should i put there

 I am not quite sure what you mean by that can you explain more in details.  Thanks for your assistance 

Thank you for the respond, do you know if I should fill out form I-130 and G325a with the correct birthday and sent it during NVC (RFE)

I accidentally transposed the birthday date on form I 130 and form G325a.  It was supposed to be 02/12/1995, but I enter as 12/02/1995.  I just receive NOA1 in 02/02/2017.  What should I do now.