Kittyfang

AOS is the way to go. Your wife need to file I-130 which will cost $355 and you need to fileI-485 which will cost $1010 along with supporting forms i.e I-864 (your wife), I-864A(for you), G-25A(you and your wife), I-131 and I-765 is optional, but I would recommend that you file it anyways because there's no additional charge for them as long as you file them concurrently (altogether). You need I-693. So the grand total for filing the Adjustment Of Status is $1365.00. Good luck on your journey and let me know if I can assist in anyway possible.

Stop me if I'm wrong, but if his wife's income is 125% above poverty limit, he will not need the I-485a. Also, don't forget you will need 4 copies of G-325a for yourself alone.

Also, I-693 is the medical. You don't need to print and fill it yourself. You need to see a Civil Surgeon and he or she will be filing it out for you. The exam usually contains:

- Blood work (Syphilis test also called RPR test)

- T.B. (Tuberculosis. You may require x-ray if the test comes back positive)

- Vaccination record (I didn't have mine and had to have all my shots redone. Most of the vaccines are age sensitive. I seem to be unable to find the link at the moment, but, for example, I am 30ish and received MMR and Tdap only.)

- Physical exam

kittyfang - I see you hovering around, lass - can you fill in SPG here on that AOS stuffsen?

(spg - IMO, kittyfang has done serious research on all for AOS whilst in-country - you should befriend her, quickly).

Hey Darnell!

You are right, I was hovering around. I read the post and had to leave for a few hours, but forgot to turn off my computer. I apologies if it looks as though I was ignoring you.

As many have said, if you are in the U.S., AoS is an option. I believe that there are differences when you are on the WVP, as far as overstays are concerned, but since you don't have an overstay problem, it's not an issue.

Darnell was right, as was the link. You will need I-130, I-485, G-325a (four copies), I-864, I-765, I-131 and g-1145.

A note about I-131. Some people file for it and use it, but sometimes, some people get issues at the border. Those people are often overstays, but personally, even if I wasn't an overstay, I wouldn't risk it.

Furthermore, you will need proof of a bona fide relationship. While wedding pictures and Christmas cards may remind us all of the person we love, those things do not impress USCIS. What you will want to show them are things where you are commingling your money. Joint bank accounts, both names on a house/car title, both names on bills, income tax filed jointly.

Since you've been in the U.S. for a short time, they might not require as much and they might focus on your intent more. Intent is a subject of great debate on VJ. Some will say that in an AoS case, intent cannot be used to deny an AoS. There is caselaw regarding this. I don't believe having read about anyone being denied for intent, but it might come up. It helps to be able to show proofs that you were going back; a return plane ticket, a letter from an employer, am apartment lease, etc.

As for sending everything together, it's usually the way to go. Recently, someone's paperwork was returned because it was not "filed together".

Look, I know how you feel. As Darnell has said, I have been around for a long time (and still haven't filed, but we're close!). I have researched a lot and asked every single question that came trough my mind. The one thing I have learned is that it helps a lot to sit down and read the instructions once, twice, three, four, five times... as many times as it takes until you can practically quote them by heart. Some instructions seem to only exist to confuse you and it helps to know, in details, what you have to do.

I hope this helps.

We were in the same situation with my mom. I think that's pretty normal for the birth certificate to be different from the W-2s, etc. since people frequently get married. I wouldn't worry about it.

Thank you for your answer!

I don't know your circumstances, but why aren't you using her passport as proof of ID instead of a birth certificate? Her passport is equally good for proving nationality/citizenship and it must be on her married name.

Birth certificates are issued on the person's maiden name and that's usually acceptable, but for this purpose you may be required to prove that it's the same person you're talking about.

Why can't she order her marriage certificate from the County she got married at? That would serve as proof of name change for your purposes, and it's fairly easy to obtain.

She doesn't have a passport and I was hoping to not have to bother her with any more paperwork request. But, if it's what we need, I guess I will have to.

I've already posted this, but didn't get an answer. I thought I had found one myself, but I think I was mistaken. Now, before I mail everything and get an RFE, I'd like to ask you all.

My husband's mother is our joint-sponsor. She currently go by her married name (even though she is currently divorced). In the I-864, I've included her W2s and well as tax papers for the last three years. Everything has her married name. However, her birth certificate is in her maiden's name. She doesn't have her marriage certificate. So, I am wondering if this is something that will require an RFE or if, because they have her SSN, it's something that they can confirm on their own?

Again, sorry for double posting. Feel free to delete one of the two posts.

So re-reading the I-797 C that I was sent this is the full letter:

" Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice. (Which is P.O. Box 805887. Chicago, IL, 60680-4120)

The following documents may be provided:

Your original form I-130 (Petition for Alien Relative) if you are filing concurrently; or

Your original form I-360 (Petition for Ameriasian, Widow(er), or special Immigrant) if you're filing concurrently; or

A copy of your form I-797, (Notice of Action) if the petition has already been filed/approved; or

Other evidence that an immigration visa petition has been filed/approved on your behalf"

If I understand this correctly I should be able to send a copy of the NOA of the I-130 together with I-485.

That is what I would go for. It's annoying to have this delay, but at least it seems to be something you can "easily" fix.

The problem isn't one of money - it's one of availability. There simply are no fans to be had.

We're exploring Russian websites also, to see if we can find something, but are saying fans are not available ("Нет в наличии") or deliver only in Moscow, etc...

Mmm, I've always used Fedex to ship things, but the prices go by weight, so a few fans might end up costing a lot.

Hi All,

As you all know, the heat in Russia has been insane as of late. My wife's family is now asking for help -- specially if we can send them some fans. I'm given to understand that DHL no longer operates in the US, but they used to be the fast option for shipping to and from Ivanovo...

Does anybody have any shipping suggestions? It would be somewhat tragic (albeit ironic) if I shipped a bunch of fans and they ended up arriving in a month, after the heat wave subsided... I'd like to get these delivered inside of a week.

Thanks,

Z

I think DHL is still around. At least, I'm fairly sure I've seen their trucks around. I'm not sure about which would be cheapest. In any case, you can always send them money, it should get there faster than any package.

Alright thanks a lot everyone for your assistance. I just have a last question before I mail my application packet on monday.

1.) Do we need to submit actual marriage certificates or just the copies.

2.) As a proof of bonafide marriage can I include cellphone records of text messages and calls made to my wife for the past 6 months before our marriage ??

Thanks

1. Copy is fine. You will bring the original to the interview.

2. I think what USCIS considers proofs are signs of commingling of finances. Pictures and text messages shows a relationship, but are easy to forge. This is why you see so many people using bills that have both their name or joint checking accounts or house/car titles made out in both names.

Kittyfang, I'm sorry to hear the trouble you've had with trying to get to the CS. I am glad that you were able to get an appointment done, but am baffled that they scheduled you to see someone who doesn't even do immigration medicals!

The last time I called around to find a CS, the receptionist told me there was no way they could calculate a fee - even though I could have and was willing to furnish any information they'd need to calculate. If there was some sort of policy they had that prevented them from giving such information, I certainly was not made aware of it!

The closest CS to me is also about an hour away but I've no means of transportation aside from relying on someone else to take me. I'm glad you avoided the headache of a pointless 2 hour commute.

Best wishes to you - glad to hear that you're able to move forward!

We're still in the "saving money" stage, with ITIN/amending taxes as step 1.

Hi Tick Tock!

The ITIN application requires a copy of your passport and it has to be notarized (I'm saying this, because we had an "RFE" from IRS requesting a motorized copy and I'm just hoping to save you some time if you haven't mail it in yet. :-) ) Oh, also, the bus ticket, for me, round-trip is about $39, which I think is cheaper than actually driving there in our own car. hehe

Can you use Greyhound buses to go to the CS? We live in a small town, so the closest bus station is about 30 minutes away in the closest "bigger town". Still faster and less of a headache than having my husband drive me to the CS and trying to figure out our way in the big city.

As for the cost, my CS's receptionist wouldn't quote me anything, but she said that it was the doctor's call. The conversation went a little like this:

- The physical is $100, plus whatever else you may need.

- Ok, well, I've already had my T.B. test done, blood work done (syphilis only, remember, they don't test for AIDS anymore, so there's $50 saved. ), received my Tdap and MMR shots... Is there anything else he may need?

- Oh well... I can't say, that'll be his decision.

- Ok... I'll just bring $500 and hope I don't get mugged!

*edit*

LOL! I just saw a typo but a refuse to correct it! A "motorized copy" is way more entertaining than "notarized"!

Just a little bit of wisdom I almost had to learn to hard way. I was supposed to have my CS appointment a few days ago. That morning, I decided to call to make sure I had the right address. The receptionist was very confused when I told her it was for a CS appointment. "Mmm, but this doctor they scheduled you with... He doesn't do Immigration Medicals." So, I rescheduled for the following week, only to realize that I would only have 45 minutes to get from the Bus station, to the hospital, do the physical, get the paperwork, grab a taxi back to the bus station... And if the appointment is late, then it would mean me sleeping in the bus terminal. No thanks. So, I finally got one for the end of the month.

At this point, I'm really tempted to just mail my paperwork and send them the medical when they send me an RFE (not really, but I've waited for so long that I have no patience left in me).

Anyway, the moral of the story is Call to quadruple check that your appointment is with the right person at the right time.

These are 2009's vaccine requirements, but I believe they apply for 2010 as well (scroll down to p. 12 for a chart).

I didn't have a vaccination record either, so what I did is go down that list, check what I needed and went to my doctor and requested an MMR titer (as well as T.B. test and RPR test while I was at it since they are also both required).

For someone who is 60 years old, they will need, according to the CDC list, a Tdap shot (Tetanus, Pertussis, Diphtheria, mine cost around $45 at my local health dept.), Influenza and Varicella.

One note about Varicella. I have been told by most nurses I spoke to that the civil surgeon will sometimes just ask you if you've had Varicella. They will not always required paperwork and will take your word for it. Now, this applies to the CS's nurse I spoke with.

*edited because of a typo

Well, it turns out that I was right in my first post. Our joint-sponsor currently goes by her married name, however, her birth certificate is under her maiden name. Would I need to include her marriage license or can I just leave this as is?

I don't think that question means where you're filing. I think it means which office has jurisdiction over your locale, no?

Unless you live in a locale that is served by Chicago, you may want another office altogether...

I was basing my Chicago answer on other threads I've read about it, but if it's local office, then no, it wouldn't be Chicago. Mmmm the mystery gets deeper.

I've noticed that our joint-sponsors lame name on her birth certificate is different than the one on her W2... (she changed it when she got married) Is that going to be an issue or is there something I can get to prove the name change (she's not married anymore)?

(sorry about the question spamming, I tried to add this question to my last post, but I wasn't fast enough)

Never mind, I'm retarded. Both documents will have the same SSN number.

I've noticed that our joint-sponsors lame name on her birth certificate is different than the one on her W2... (she changed it when she got married) Is that going to be an issue or is there something I can get to prove the name change (she's not married anymore)?

(sorry about the question spamming, I tried to add this question to my last post, but I wasn't fast enough)

I am reviewing my paperwork and realized, at question #22 that I wrote Chicago, Illinois instead of Chicago Lockbox, Illinois.

Now, I'm days away from filing, so you know how it goes. Please, just indulge me and tell me if it will be an issue.

If you're sending copies, make sure they have original signatures.

Yup! I did! And I used blue as well, so that they can better see that the original signatures!

For what it's worth, I carefully and lovingly assembled our AOS package and organized each main form and supporting docs into its own envelope. Attached passport pics and photocopies with paperclips, then agonized over what order makes the most sense for everything..

When we got to the interview the entire file had been double hole-punched at the top, envelopes gone, and the IO took my I-94 and put it in no apparent logical order in our file.

So whatever you do with it now.. they'll just re-organize it to their liking anyway

Go send it!!!

Thx! It does make sense, I mean. For us, it's a big deal. We're basically sending them our whole current life and asking them to judge the legitimacy of it all. But for them, it's just another bunch of papers that they know their way around.

I will be mailing it soon! I have my medical Tomorrow and we still need a few things, but we'll have everything on Monday and I plan to send it out on Monday!

I'm not exactly sure why they don't want you to use ACCO fasteners, but I presume it's because they're going to separate your package into each application - AOS, AP, and EAD. Perhaps they don't use the same type of file folders they use for a visa petition. Dunno.

Anyway, I seriously doubt they would reject your package because you used an ACCO fastener. Some paperwork monkey would just be grumbling while he/she took your package apart and organized it according to their requirements. You could also remove the ACCO fastener, add some paper clips, and send it as is. They also aren't going to reject it because the documents have holes punched in the top.

I was just worried because in the link you provided they stipulate "do NOT use Acco". So, anyway, I went ahead and copied everything. I didn't have paperclip so I used the black metal clip things. Copying the while thing is not a problem because I did want to make a copy to keep, just in case. It took me 3 hours and the final result (that I will be mailing) is 1" thick. It's horrible. Our joint sponsor's tax returns are making it be that huge.

But you're all right, worrying endlessly about stuff like this is what will drive me insane.

LOL to mailing yourself with the package.

I completely understand! I wanted to do the same thing..

It took me a while to finally part with our AOS package. over a month after our wedding!

I probably checked the contents 100 times, no joke!

(And still got an RFE, hahah!)

lol, I know what you mean. I agonize over every little detail. "Oh no! I wrote US, instead of U.S.! ... That's it, all is lost! They're going to deny it because of that!

Posts-it? Or Post-Its? I really don't know?

I don't have anything useful to add, I'm just teasing, Kitty. Hope you get that thing sent soon!!!

hehe you now. I'm a freak about proper spelling and I toiled with that one, but I think you're right with "Post-Its"

And yes, I can't wait... I'm a little bummed that I have to refile and reprint everything, but oh well! Live and learn!

The guidelines for preparing a package for the Chicago lockbox are not the same as the guidelines for assembling a package for a USCIS service center. They don't want two-hole ACCO style fasteners, for one thing, so having tabs at the bottom would not be of any benefit. They prefer you just use paper clips to assemble the package.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72a927c382f39110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Anyway, if you do want to put tabs on the divider pages then I would recommend not using post-it notes. The adhesive is designed to be temporary, so they'll pull off very easily. You can make your own tabs pretty easily from sticky labels. Stick about 1/4 of the length of the label to the edge of the page, fold the label in half, and stick to the other side of the page. You'll have a double-sided tag securely fastened to the edge of the page.

Wait a minute, they do not want Acco fasteners? But... I used that on every page of my package (as indicated here). Is it going to be a huge problem? I was going to print a second copy of the package to keep for myself, so I guess I could send them that one instead... but still.

And thank you for the tip about the label, I will use it!

*edit*

I just read the link you posted... *sigh* I guess I will have to use print out another copy of the whole package!

Hmm.. I don't know. but I don't think you need tabs anyway.

We didn't use any.

Kittyfang, send your AOS stuff already!! heh heh..

LOL! I will. We wanted to mail it out on Friday, but I don't like the idea of mailing it (with a signature request) and... I don't know, they don't get a signature, or it gets lost because it's the week-end hehe. But yes, we are, literally days away!

*edit*

I'm adding the tabs because I'm ####### like that... Heck, if I could, I'd mail myself with the package and point out everything and anything I added to the package.

I know that posts-it are not allowed on the paperwork, but that you can use tabs on the bottom. Now, I couldn't find any tabs, but I did find smaller (1" x 1.5") posts it. Will it be a real problem if I was to use those as tabs?

Quick update!

Got RPR test results (didn't get AIDS testing done, because it's no longer required) as well as Tdap and MMR (booster) shot.

Medical is in 2 days and I'll be bringing those tests results as well as T.B. tests results.