Questions about sending AOS and I-130 together

[vjb 1]

Hi everyone, you'll all been helpful with my questions in the past so I'm hoping to get some more answers!

I'm sending my AOS, I-130 and EAD together but was wondering do I need to include my birth certificate, marriage certificate and divorce certificate and G-325 twice (1 for the I-130 and 1 for the AOS) or can I just send one copy that they would use for all the applications. I seem to be sending them double of everything to them. I'm not sure what happens when they get the applicatons...if they keep them all filed together then surely I'd just have to send 1 copy of everything for the file wouldn't I? I don't want to get it wrong!

Also does anyone know anything about I-824? My 5 year old daughter is back in the UK and I think that I could use this form to bring her across here as soon as my AOS is approved whilst we wait for the I-130. Is that right or have I got that completely wrong?? I like to have some idea of the processes before I call the unhelpful USCIS helpline

[JenT 0]

Treat each form as a separate entity and attach any supporting documentation that is requested for each form.

Not enough info to answer the question about your daughter... did you enter on a K visa?

Jen

[vjb 1]

Hi everyone, you'll all been helpful with my questions in the past so I'm hoping to get some more answers!

I'm sending my AOS, I-130 and EAD together but was wondering do I need to include my birth certificate, marriage certificate and divorce certificate and G-325 twice (1 for the I-130 and 1 for the AOS) or can I just send one copy that they would use for all the applications. I seem to be sending them double of everything to them. I'm not sure what happens when they get the applicatons...if they keep them all filed together then surely I'd just have to send 1 copy of everything for the file wouldn't I? I don't want to get it wrong!

Also does anyone know anything about I-824? My 5 year old daughter is back in the UK and I think that I could use this form to bring her across here as soon as my AOS is approved whilst we wait for the I-130. Is that right or have I got that completely wrong?? I like to have some idea of the processes before I call the unhelpful USCIS helpline

I entered on VWP and got married over here in the US to a US citizen and am here now. My daughter didn't come across with me so she is still in the UK. I know I put her down on the I-130 but does the I-824 mean she can come across if the AOS is approved instead of waiting for the I-130?

[Yodrak 7]

vjb,

On what basis do you think the I-824 would help or allow your daughter to immigrate?

Has your husband submitted an I-130 for her? It's not clear from your post.

Yodrak

...

Also does anyone know anything about I-824? My 5 year old daughter is back in the UK and I think that I could use this form to bring her across here as soon as my AOS is approved whilst we wait for the I-130. Is that right or have I got that completely wrong?? I like to have some idea of the processes before I call the unhelpful USCIS helpline

Jen,

Unlikely if an I-130 is required for her. [EDIT: yup, she confirms that.]

Yodrak

...

... did you enter on a K visa?

Jen

Edited July 28, 2006 by Yodrak

[vjb 1]

Yes he submitted an I-130 for her.

There's a paragraph in the AOS insturctions that says:

'Based on being the spouse or child (derivative) at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children:

If the spouse or child is residing abroad, the person adjusting status in the US shouls file form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's AOS application to allow derivatives to immigrate to the US without delay if the principal's AOS application is approved'

I took that to mean that if my if I fill that in for my daughter then if my AOS application is approved then she would be allowed to come across to the US and complete her I-130 with me over here. Am I completely wrong? There's so many instructions and I'm trying to finish them all up to send off on Monday!

vjb,

On what basis do you think the I-824 would help or allow your daughter to immigrate?

Has your husband submitted an I-130 for her? It's not clear from your post.

Yodrak

...

Also does anyone know anything about I-824? My 5 year old daughter is back in the UK and I think that I could use this form to bring her across here as soon as my AOS is approved whilst we wait for the I-130. Is that right or have I got that completely wrong?? I like to have some idea of the processes before I call the unhelpful USCIS helpline

Jen,

Unlikely if an I-130 is required for her. [EDIT: yup, she confirms that.]

Yodrak

...

... did you enter on a K visa?

Jen

[Yodrak 7]

vjb,

I don't think this applies to you. It might apply in a K-visa situation, where the child has derivative status based on the I-129f petition for the parent.

But, I don't really know the answer so I shouldn't be posting on the subject. Ask an immigration attorney - the cost of the consultation should be no more than the cost of the I-824, and you can learn a lot of other good stuff that may be useful in your situation as well.

Yodrak

Yes he submitted an I-130 for her.

There's a paragraph in the AOS insturctions that says:

'Based on being the spouse or child (derivative) at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children:

If the spouse or child is residing abroad, the person adjusting status in the US shouls file form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's AOS application to allow derivatives to immigrate to the US without delay if the principal's AOS application is approved'

I took that to mean that if my if I fill that in for my daughter then if my AOS application is approved then she would be allowed to come across to the US and complete her I-130 with me over here. Am I completely wrong? There's so many instructions and I'm trying to finish them all up to send off on Monday!