Concurrent filing of I-130, I-485, I-131, I-765

[PetrUA 0]

Hi,

I'm going through this whole process right now, so I would like to share my experience and make sure I've done everything properly.

Background

I am a citizen of Ukraine. I am employed by the Ukrainian office of American company and came to US for a business trip using B-1 visitor visa on June 1st with expiration date on Form I-94 November 30th 2011. On September 15th I married a US citizen by birth (so we should not be affected by 30-60 days rule).

Package

Whole package was described in a cover letter, see below:

USCIS

131 South Dearborn – 3rd Floor

Chicago, IL

60603-5517

October 21, 2011

Concurrent Filing of I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization) , I-131 (Application for Travel Document)

Petitioner (U.S. Citizen): Petitioner Name and Last Name

Beneficiary (Alien Spouse): Beneficiary Name and Last Name

Dear Sir/ Madam:

Please kindly find enclosed concurrent filing of forms: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), I-131 (Application for Travel Document).

Contents include:

1. Check in the amount of US$420 for I-130

2. Check in the amount of US$1,070 for I-485

3. Form G1145 E-Notification of application/petition acceptance

4. I-130 Petition For Alien Relative

• Copy of US Citizen’s birth certificate

• Copy of US Citizen’s passport

• Copy of marriage certificate

• G325A signed by US Citizen

• G325A signed by beneficiary

• Passport photo of US Citizen (attached with a paper clip to Form I-130 and signed)

• Passport photo of beneficiary (attached with a paper clip to Form I-130 and signed)

• Evidence of Bona fide Marriage

- Copy of joint bank account information

- Affidavit for Bona Fide Marriage by third party US Citizen

- Copy of rent payments bank account information

- Picture that document relationship and marriage

5. I-485 Application To Register Permanent Residence Or Adjust Status

• Continuation pages for Form I-485

• Copy of Birth Certificate with English translation

• Copy of passport page with nonimmigrant visa

• 2 passport photos of beneficiary (attached with a paper clip to Form I-485 and signed)

• Form I-693 Report of Medical Examination and Vaccination Record (Completed by a Civil Surgeon sealed in an envelope)

• G325A signed by beneficiary

• Copy of I-94 Form (front and back)

6. I-765 Application For Employment Document

• 2 passport photos of beneficiary (attached with a paper clip to Form I-765 and signed)

• Copy of passport page with nonimmigrant visa

7. I-131 Application For Travel Document

• Copy of passport page with nonimmigrant visa

• Explanation showing circumstances that warrant issuance of an Advance Parole Document

• 2 passport photos of beneficiary (attached with a paper clip to Form I-131 and signed)

Signature of Petitioner: Date:

Process and actions made

On October 22nd the whole package was sent via US Mail Express Mail to the address shown above. The cost for the whole package was about $18. On Monday using the US Mail tracker I got a confirmation of delivery at 11:00 AM.

On October 27th my wife received 4 email notifications saying that our forms have been received by the USCIS and are forwarded for further processing. It also said that we should receive paper I-797 Notice of Action within next 7-10 days.

Questions

1. When I was filing form I-485 I stated that I had military training during my study in the university. I have added 3 continuation pages explaining the circumstances. How likely is this to affect the process?

2. From what I've realized it is not mandatory to file the Form I-864 Affidavit of Support concurrently with I-485. The Petitioner will be notified when filing of I-864 is required. As at this moment my wife doesn't meet the 125% requirements we will file this form later, in a couple of month. Please confirm or correct.

3. My I-94 expires on November 30. Will I have to leave the country knowing that our adjustment of status papers are being processed?

4. What are the next steps and what should we be concerned about?

I hope this description would be helpful for others. Your comments and suggestions would be highly appreciated.

[Little_My 464]

Well, your process is about to be halted and delayed because of the missing I-864 form.. It is mandatory and required from all who adjust status based on marriage, and your AOS won't move anywhere until you submit that. You will get an RFE, for which you'll be given a certain amount of time to respond to, or your case will be denied. Within that time you will have to come up with a way to meet the income requirements - so if your wife does not meet them, you will need an additional sponsor.

You are in a period of authorized stay until you have a decision on your AOS, so the expiration of your I-94 is not a problem at this point. If your application is denied, for whatever reason, you will have to leave the country immediately.

[milimelo 4,479]

Moving to AOS from student, tourist, work visa.

[ceadsearc 516]

Also, you should NOT leave the country until you receive AP. Doing so would abandon your application.

[Gary and Alla 3,694]

Also, you should NOT leave the country until you receive AP. Doing so would abandon your application.

Both responses are correct. DO NOT Leave the USA until you have authorization. You will get an RFE for the I-864. Your wife needs to be earning at least 125% of the poverty guidleine by that time or she will need a joint sponsor

Your military experience will not affect anything (good or bad) but you WILL need to submit your military record and discharge papers. If you did nto do this, get them now because they will also be requested in the RFE.

I -94 is no longer of any consequence. The filing of the AOS is now your approval to stay until it is adjusicated

Wait for an RFE, follow the instructions. You are doing fine so far.

I will only say also that you should be prepared to show you did not intend to get married and file for AOS when you entered on business. If that is what you did, it is visa fraud and you can be denied and barred from any visas. I am not saying that will happen, just that you need to be prepared for that.

Edited October 29, 2011 by Gary and Alla

[PetrUA 0]

Thank you for your comments and suggestions!

[PetrUA 0]

Update:

On October 28th I got 4 envelopes each containing I-797 for each of 4 forms I've submitted. On November 1st another letter came setting up a biometrics appointment for November 14th.

So far everything is going alright.

However, we are still in the process of figuring out how to meet requirements of I-864 form. So the most important question is how much time will we have to find a sponsor or insufficient cash?

Would really appreciate any feedback about this question, thanks in advance.

[ceadsearc 516]

Update:

On October 28th I got 4 envelopes each containing I-797 for each of 4 forms I've submitted. On November 1st another letter came setting up a biometrics appointment for November 14th.

So far everything is going alright.

However, we are still in the process of figuring out how to meet requirements of I-864 form. So the most important question is how much time will we have to find a sponsor or insufficient cash?

Would really appreciate any feedback about this question, thanks in advance.

Here is the memo from USCIS regarding response time from this July: http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/change-timeframes-rfe.pdf

Basically, once you receive your RFE you will typically have 84 days to respond. That means that your RFE needs to be received by USCIS by day 84, not mailed by day 84. When exactly your RFE will show up is unknown, but I'd get searching for a co-sponsor ASAP as if you don't find one and respond before your RFE deadline your application will be denied.

[PetrUA 0]

Thank you ceadsearc!

I've got another challenging question, please let me know your opinion!

Instructions for Form I-864 show that my income can be considered if I can provide the proof that my source of income remains after the immigration. However, at this moment I am officially employed in the Ukrainian office of my company.

Q1. Can I show my income that I get in Ukraine to meet 125% of Poverty Guidelines?

Q2. Let's assume that my Ukrainian income doesn't count. In theory, I can arrange my relocation to US office, so I would be able to show the needed amount. BUT I don't have a work permit, as I have just filed all the papers, and my I-765 is still being processed. With that being said, is there a way for me to add my income to the Affidavit of Support? Can I be officially employed, i.e. get I-765 prior to submitting I-864?

Thank you in advance, this forum is awesome!

[PetrUA 0]

I had a biometrics appointment today scheduled for 11:00 AM, the whole procedure took about 30 minutes. Now I'll be waiting for their next mail. Meanwhile, it would be great to get any kind of feedback regarding my previous 2 questions. Thank you in advance!

[NancyNguyen 1,657]

Thank you ceadsearc!

I've got another challenging question, please let me know your opinion!

Instructions for Form I-864 show that my income can be considered if I can provide the proof that my source of income remains after the immigration. However, at this moment I am officially employed in the Ukrainian office of my company.

Q1. Can I show my income that I get in Ukraine to meet 125% of Poverty Guidelines?

Q2. Let's assume that my Ukrainian income doesn't count. In theory, I can arrange my relocation to US office, so I would be able to show the needed amount. BUT I don't have a work permit, as I have just filed all the papers, and my I-765 is still being processed. With that being said, is there a way for me to add my income to the Affidavit of Support? Can I be officially employed, i.e. get I-765 prior to submitting I-864?

Thank you in advance, this forum is awesome!

Sadly, you can't self sponsor. It is the reason why they need affidavit of support, to make sure you are supported by the petitioner. I really encourage you to find a co-sponsor before the RFE coming. The more delay you submit the RFE, the longer you have to wait for your interview appointment. Good luck.

[PetrUA 0]

Nancy, thank you for your reply.

On Friday, November 18th, received a letter with a request for i-864 dated November 9th and due in 87 days. It has also said that my I-765 form will be processed within 90 days after providing the missing form.

My wife made her last year tax return statement and it is about $5500, the missing amount is $13,000*5 = $65,000. My parents might be able to help me here and make a bank account in the Ukrainian bank with the needed money.

Will it work as an affidavit of support? What are the details to keep in mind?

The other option with employment - I've read that my income can be considered if I can prove that I'll keep the same source of income after the immigration. My company may be willing to help me out. What kind of proof do they need to provide? Would it be sufficient to provide a letter explaining that I will be employed in the American company right after I receive my work permit and make enough for us both to meet 125% threshold?

Would really appreciate any thought and comments, thanks!

[Soapz 14]

Your parents can't file a I-864 for you. the requirements for a sponsor are:

Sponsorship Requirements

A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

(Taken from the USCIS website)

Your company should provide you with a letter of employment that shows their intent to continue employing you, a copy of the social security/taxes they have paid for you for maybe the last two years and copy of your contract with them. (you'll probably need that translated).

[desmond&molly 5]

Just another comment. Your wife should also fill out an I-864, even if her income isn't enough, because she is petitioning for you. We submitted an I-864 for my husband (didn't qualify) then his sister who is also a US citizen.

[Soapz 14]

I read that here somewhere - can't find it right now though. I don't think either option is going to be an issue. A is okay if you file concurrently use other if it makes you feel more comfortable.