Jump to content
Jscoope

What is "Evidence of eiligibility"?

 Share

5 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Australia
Timeline

Looking at the instructions for form I-485, section 15 in the instructions states:

15. Evidence of eligibility

A. Based on an immigrant petition

Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative, special immigrant juvenile, or special immigrant military petition that, if approved, will make a visa number immediately available to you.

And then goes on to explain eligibility based on

B) K-1 Fiance status,

C) Asylum,

D) continuous residence,

16) Cuban citizenship

17) "Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa"

18) Other - "Attach copies of documents proving that you are eligible for the classification."

I am on an F-1 student visa and have married a US citizen. Which means I am filing a I-130 completed by my wife WITH the I-485. So do I need to get my wife to complete a 2nd copy to include as part of the "evidence" with the I-485? Or do they simply put 2 and 2 together and realise that the packet contains an I-130? This whole thing is really stressing me out so I'm probably reading too much into these things. But if anybody knows it would greatly help.

thanks again.

Adjustment of Status from F-1 student.

10/4/09 - Married

3/29/10 - AOS Packet sent

3/30/10 - AOS Packet received in Chicago (Day 1)

4/12/10 - NOA1 for I-485, I-130, I-131 (Day 13)

4/16/10 - Appointment Notice for Biometrics. (Day 17)

4/20/10 - Walk-in Biometrics taken at Buffalo, NY (Day 21)

4/20/10 - EAD application mailed to Chicago, USPS with signature confirmation (Day 21)

4/30/10 - Scheduled Biometrics Appt. (Day 31)

5/1/10 - NOA received for I-765 (Day 32)

5/3/10 - Appointment letter received for EAD Biometrics (Day 34)

5/10/10 - Interview Appt. letter received (dated May 3) (Day 41)

5/20/10 - EAD Biometrics appointment completed (Day 51)

5/24/10 - EAD "touched" (Day 55)

6/09/10 - Scheduled Interview date (Day 71) Informed we needed a co-sponsor

6/15/10 - I-131 (Advance Parole) Approval notice via email (Day 77)

6/16/10 - Follow up interview with co-sponsor affadavit (Day 78) APPROVED

6/21/10 - Welcome Letter received (Day 83)

6/21/10 - Advanced Parole Received (although I've now been approved, so it doesn't matter) (Day 83)

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Australia
Timeline

Also. As for affidavits which prove the bonafides of the marriage (not the affidavit of support), are these simply personal statements written by mutual friends, family etc explaining everything or are their actual forms provided by USCIS?

thanks again.

Adjustment of Status from F-1 student.

10/4/09 - Married

3/29/10 - AOS Packet sent

3/30/10 - AOS Packet received in Chicago (Day 1)

4/12/10 - NOA1 for I-485, I-130, I-131 (Day 13)

4/16/10 - Appointment Notice for Biometrics. (Day 17)

4/20/10 - Walk-in Biometrics taken at Buffalo, NY (Day 21)

4/20/10 - EAD application mailed to Chicago, USPS with signature confirmation (Day 21)

4/30/10 - Scheduled Biometrics Appt. (Day 31)

5/1/10 - NOA received for I-765 (Day 32)

5/3/10 - Appointment letter received for EAD Biometrics (Day 34)

5/10/10 - Interview Appt. letter received (dated May 3) (Day 41)

5/20/10 - EAD Biometrics appointment completed (Day 51)

5/24/10 - EAD "touched" (Day 55)

6/09/10 - Scheduled Interview date (Day 71) Informed we needed a co-sponsor

6/15/10 - I-131 (Advance Parole) Approval notice via email (Day 77)

6/16/10 - Follow up interview with co-sponsor affadavit (Day 78) APPROVED

6/21/10 - Welcome Letter received (Day 83)

6/21/10 - Advanced Parole Received (although I've now been approved, so it doesn't matter) (Day 83)

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Australia
Timeline

Sorry. One more question:

Did anybody file the G-1145 (E-Notification of Application/Petition Acceptance)?

Do I need to do this to find out when my forms are received? I know it says that you'll get an email/text IF you fill this form, but if you don't, you can still check the status online at the USCIC website, correct? Just wondering how everybody found out when their forms were received in their timelines, whether it was via checking online or whether they filled this form G-1145 out and sent it with their app.

thanks.

Adjustment of Status from F-1 student.

10/4/09 - Married

3/29/10 - AOS Packet sent

3/30/10 - AOS Packet received in Chicago (Day 1)

4/12/10 - NOA1 for I-485, I-130, I-131 (Day 13)

4/16/10 - Appointment Notice for Biometrics. (Day 17)

4/20/10 - Walk-in Biometrics taken at Buffalo, NY (Day 21)

4/20/10 - EAD application mailed to Chicago, USPS with signature confirmation (Day 21)

4/30/10 - Scheduled Biometrics Appt. (Day 31)

5/1/10 - NOA received for I-765 (Day 32)

5/3/10 - Appointment letter received for EAD Biometrics (Day 34)

5/10/10 - Interview Appt. letter received (dated May 3) (Day 41)

5/20/10 - EAD Biometrics appointment completed (Day 51)

5/24/10 - EAD "touched" (Day 55)

6/09/10 - Scheduled Interview date (Day 71) Informed we needed a co-sponsor

6/15/10 - I-131 (Advance Parole) Approval notice via email (Day 77)

6/16/10 - Follow up interview with co-sponsor affadavit (Day 78) APPROVED

6/21/10 - Welcome Letter received (Day 83)

6/21/10 - Advanced Parole Received (although I've now been approved, so it doesn't matter) (Day 83)

Link to comment
Share on other sites

Looking at the instructions for form I-485, section 15 in the instructions states:

And then goes on to explain eligibility based on

B) K-1 Fiance status,

C) Asylum,

D) continuous residence,

16) Cuban citizenship

17) "Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa"

18) Other - "Attach copies of documents proving that you are eligible for the classification."

I am on an F-1 student visa and have married a US citizen. Which means I am filing a I-130 completed by my wife WITH the I-485. So do I need to get my wife to complete a 2nd copy to include as part of the "evidence" with the I-485? Or do they simply put 2 and 2 together and realise that the packet contains an I-130? This whole thing is really stressing me out so I'm probably reading too much into these things. But if anybody knows it would greatly help.

thanks again.

Your eligibility is based off of applying for the I-130 at the same time. Some people make a copy of the I-130 application to attach with the I-485 as this evidence but most people don't. They will figure out that you are applying for AOS. We didn't attach anything from the I-130 with our I-485 and we had no problems.

Also. As for affidavits which prove the bonafides of the marriage (not the affidavit of support), are these simply personal statements written by mutual friends, family etc explaining everything or are their actual forms provided by USCIS?

thanks again.

Yes they are letters written by friends/family who can say that they have personally experienced your relationship and marriage and can vouch for it's validity. There is no form from the USCIS to follow but there are many templates on VJ for you to use if you want. Just search 'affidavit of support' in the search box and you should find some. You should note though that these aren't mandatory and some say they don't hold much with the USCIS. If you are lacking with other forms of support than go ahead and send some affidavits. But if you have things such as a joint lease, joint bank account, joint health insurance, joint CCs, joint utility bills, etc then the affidavits aren't necessary. We sent in what I just mentioned with no affidavits and we had no problems! :thumbs:

AOS

09/21/08- Phil arrives in US

08/15/09- Wedding

10/16/09- Mailed out AOS package

01/14/10- Interview completed - Approved!

01/23/10- Conditional Green Card received!

ROC

10/17/11- Mailed ROC package

10/19/11- Package arrives at VSC

10/20/11- NOA1 issued

10/24/11- "Touch"

10/24/11- Check cashed

10/26/11- NOA1 received

11/23/11- Biometrics appointment

01/14/12- Conditional GC Expired

07/17/12- Approved! - Notification of card production

07/23/12- Notification of card being mailed

07/25/12- 10 year GC received!

0e871ca96e.png?html

~~~~

Be the change you wish to see in the world

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Australia
Timeline

Thanks!

Yeah all we have is a joint lease agreement, and a vet bill with both our names on it.

I have auto insurance with my wife, but it hasn't been updated so it has her maiden name. I'm also on a family cell phone plan with my wife and her mum and dad, but again it's her maiden name. We don't have a joint bank account, we are going to open one once we have some savings together, but we figured if we go and open one up now it will just look like we did it specifically for this petition and it would probably hurt more than help.

I really don't know what to do. I'm hoping they take the lease agreement and vet bill and then just base the rest on an interview. But I figured some affadavits from mutual friends would at least help.

Adjustment of Status from F-1 student.

10/4/09 - Married

3/29/10 - AOS Packet sent

3/30/10 - AOS Packet received in Chicago (Day 1)

4/12/10 - NOA1 for I-485, I-130, I-131 (Day 13)

4/16/10 - Appointment Notice for Biometrics. (Day 17)

4/20/10 - Walk-in Biometrics taken at Buffalo, NY (Day 21)

4/20/10 - EAD application mailed to Chicago, USPS with signature confirmation (Day 21)

4/30/10 - Scheduled Biometrics Appt. (Day 31)

5/1/10 - NOA received for I-765 (Day 32)

5/3/10 - Appointment letter received for EAD Biometrics (Day 34)

5/10/10 - Interview Appt. letter received (dated May 3) (Day 41)

5/20/10 - EAD Biometrics appointment completed (Day 51)

5/24/10 - EAD "touched" (Day 55)

6/09/10 - Scheduled Interview date (Day 71) Informed we needed a co-sponsor

6/15/10 - I-131 (Advance Parole) Approval notice via email (Day 77)

6/16/10 - Follow up interview with co-sponsor affadavit (Day 78) APPROVED

6/21/10 - Welcome Letter received (Day 83)

6/21/10 - Advanced Parole Received (although I've now been approved, so it doesn't matter) (Day 83)

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...