F-1 to AOS, questions on I-130, I-864, I-131

[jenn7 0]

1. I came to the US as a J-1 and changed status here to F-1, so no F-1 in passport but plenty of I-20's. Do I need to send any copies of I-20s that I have? Which form should I attach it to?

2. The passport that I came with expired since then and I got the new one from russian embassy. Which passport do I use?

3. Is there a fee of $355 for I-130 if filing with I-485?

4. As for I-864, my husband's income is below the guidelines and lawyer suggests to redo his income tax or show the difference from his checking account but not 100% sure its going to work. I also read u can use money of the intending immigrant. What would be better?

5. How exactly I-131 works?? Instructions say "upon returning to the US, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status", but nothing about F-1...

[NycBra 4]

1. I came to the US as a J-1 and changed status here to F-1, so no F-1 in passport but plenty of I-20's. Do I need to send any copies of I-20s that I have? Which form should I attach it to? I don't think it is required, but I submitted my I-20 as a supporting documents. If you don't have a visa that says you are F1 student, then includes any document or J1s that show you were a J1 and is now a F1 student..

2. The passport that I came with expired since then and I got the new one from russian embassy. Which passport do I use? Use the new passport. You need a valid passport.

3. Is there a fee of $355 for I-130 if filing with I-485? See below my list of documents and fees (those were in 2006. There may have some change since then)

4. As for I-864, my husband's income is below the guidelines and lawyer suggests to redo his income tax or show the difference from his checking account but not 100% sure its going to work. I also read u can use money of the intending immigrant. What would be better? Sorry, don't know the answer.

5. How exactly I-131 works?? Instructions say "upon returning to the US, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status", but nothing about F-1... I didn't file any I-131. I filed the I-130.

I answered some questions above in red. Below you will find my index page with all forms and supporting documents, and fees I sent at the time. Print and read ALL instructions. It was helpful for me at least.

 Form: I-130, Petition for Alien Relative

 Supporting Files for I-130

• Fee: $355 (check)

• Copy of birth certificate

• Copy of passport

• Copy of marriage certificate

• Passport-style photo

o 1- HE

o 1- SHE

• Documents to show an ongoing relationship

o Copy of joint credit card and Citibank Accounts

o Copy of Church marriage recordS

• Form G-325A

o 1 – SHE

o 1 – HE

 Form: I-485, Application to Register Permanent Residence or Adjust of Status

 Supporting Files for I-485

• Fee: $1,010 (check)

• Copy of original birth certificate and translation

• Copy of passport page with visa

• Copy of I-20

• 2 passport-style photos

• Medical examination report (sealed envelope)

• Form G-325A (SHE)

• Form I-864 (below)

• Copy of marriage certificate

 Form: I-864, Affidavit of Support

 Supporting Files for I-864

• Copy of birth certificate

• Copy of 2006 Federal Income Tax Return

• Copy of each W2 and 1099 for the years 2004, 2005 and 2006

• Copy of last 6 months pay stubs

 Form: I-765, Application for Employment Authorization

 Supporting Files for I-765

• Copy of I-94

• Copy of passport and visa

• Copy of I-20

• 2 passport-style photos

• Fee: none, as per Instructions for I-485 Page 7

[Aquarelka 1]

Hi, i am in the same situation.

1. I came to the US as a J-1 and changed status here to F-1, so no F-1 in passport but plenty of I-20's. Do I need to send any copies of I-20s that I have? Which form should I attach it to?

yes, I submitted all I-20s I have (I have like 5, 3 pages of each), a copy of my J1 visa. I am not sure but I think these forms are required to attach to AP or EAD form (in the instructions it says "submit a proof of your legal status in the US")

2. The passport that I came with expired since then and I got the new one from russian embassy. Which passport do I use?

I used both passports+ explanation letter. In my case my maiden names in passports had different spelling and I changed my last name after marriage. I made this explanation letter just in case, i think it is very helpful

3. Is there a fee of $355 for I-130 if filing with I-485?

Yes

4. As for I-864, my husband's income is below the guidelines and lawyer suggests to redo his income tax or show the difference from his checking account but not 100% sure its going to work. I also read u can use money of the intending immigrant. What would be better?

I do not know

5. How exactly I-131 works?? Instructions say "upon returning to the US, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status", but nothing about F-1...

[JERIII 8]

My wife adjusted from an F-1, and I will try to help.

1. I came to the US as a J-1 and changed status here to F-1, so no F-1 in passport but plenty of I-20's. Do I need to send any copies of I-20s that I have? Which form should I attach it to?

We sent copies of all the I-20s and DS-2019s (the J-1 form), in order to establish that she was in-status all the time. We attached them to the I-485.

2. The passport that I came with expired since then and I got the new one from russian embassy. Which passport do I use?

I think you should send a copy of the new one, plus a copy of the Visa page from the old one. Include a note explaining that you got a new passport after you entered.

3. Is there a fee of $355 for I-130 if filing with I-485?

Yes, that's correct.

4. As for I-864, my husband's income is below the guidelines and lawyer suggests to redo his income tax or show the difference from his checking account but not 100% sure its going to work. I also read u can use money of the intending immigrant. What would be better?

You can use your income if it is from a legal job and if you will continue working at that job after adjustment. Either way should be fine.

5. How exactly I-131 works?? Instructions say "upon returning to the US, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status", but nothing about F-1...

That part of the instructions is from the section about people who do NOT need an Advanced Parole document. As an F-1, you need one, so it doesn't list you there.

Hope this helps.

[jenn7 0]

Thank you very much for the answers!

1. I think I have over 10 I-20's, so do you think I should send all of them??? And I'm not sure if I can find my DS2019 from the J-1...

2. I was planning to put copies of both old and new passport. Thanks for the idea with the note.

4. I do not have a work authorization and was thinking of showing them a bank statement. We decided to go with a bank letter on his name showing the difference.

5. So what do I use when coming back to the US if I decide to travel besides AP?? I do not have F-1 in my passport (only the I-20's) and worried if they let me back with just an AP.

[JERIII 8]

Thank you very much for the answers!

1. I think I have over 10 I-20's, so do you think I should send all of them??? And I'm not sure if I can find my DS2019 from the J-1...

2. I was planning to put copies of both old and new passport. Thanks for the idea with the note.

4. I do not have a work authorization and was thinking of showing them a bank statement. We decided to go with a bank letter on his name showing the difference.

5. So what do I use when coming back to the US if I decide to travel besides AP?? I do not have F-1 in my passport (only the I-20's) and worried if they let me back with just an AP.

I would send COPIES of all the I-20s. (Don't send originals of anything.) If you don't have the DS-2019, don't send it. If possible, ask the organization that sponsored you for a copy, just so you have complete records for yourself.

Be sure you check the rules about using assets, I think you need five times the difference between his income and the required level.

All you need to travel is a passport and the advanced parole document.

[jenn7 0]

It says 3 times the difference if he is a citizen and if sponsoring a spouse. I have no ther choice so far, so... ((

Are they going to ask questions when I travel?? Did your wife travel while in process??

Thank you very much once again.