Ready to file AOS?

[Tempo House 6]

Hi all,

I am about to file AOS (marriage based) from my current valid L1 status. I'm posting here both to help me sanity check my package as I write, but also, if anyone spots anything I appear to have missed, I'd be grateful for comments. My filing is based on (I hope) close reading of USCIS forms and this site -- thanks to the community for helping me get this far!

So in summary I am filing I-485 concurrently with my U.S. citizen wife's I-130 petition, and I-765 and I-131 are being filed concurrently.

My package is as follows. All documents have been two-hole-punched across the top, no ACCO fasteners used. Tab labels are attached to all documents and cross referenced from the cover letters.

G-1145

I-130 package:

1. Cover letter with cheque for $355 payable to U.S. Department of Homeland Security paper-clipped to it.

2. Form I-130

3. Petitioner's (U.S. citizen wife's) birth certificate (photocopy front and back)

4. Beneficiary's (my) birth certificate (photocopy front and back)

5. Certified copy of record of marriage (photocopy)

6. Petitioner's G-325A, Biographic Information with one colour photo, labelled on back with name and D.O.B., in clear plastic bag labelled "Photo of <wife's name>"

7. Beneficiary's G-325A, Biographic Information with one colour photo, labelled on back with name, D.O.B. and note that Alien Number is "none", in clear plastic bag labelled "Photo of <my name>"

8. Submitted as further evidence of bonafide marriage: current rental lease and several wedding and vacation photos in envelope

I-485 package:

1. Cover letter with cheque for $1010 payable to U.S. Department of Homeland Security paper-clipped to it.

2. Form I-485

3. Applicant's (my) birth certificate (photocopy front and back)

4. Applicant's (my) passport photocopied with photocopies of current I-94 (front and back) and permanent I-94 record (as issued by U.S. Embassy in London at last L-1 status renewal)

5. Sealed envelope from civil surgeon containing form I-693

6. Applicant's (my) G-325A, Biographic Information, with two colour photos, labelled on back with name and D.O.B., and note that Alien Number is "none", in clear plastic bag labelled "Photo of <my name>"

7. I-864EZ, Affidavit of Support from my wife (sole, and qualifying, sponsor) with employment letter stating position and salary; our joint 2009 federal tax return (photocopy) including each of our 2009 W-2s

8. I-765 w/ photocopy of my passport, incl. copies front and back of current I-94 and permanent I-94, two colour photos labelled as above, and full copy of all materials submitted for last L-1 status renewal

9. I-131, Application for Travel Document, completed as application for Advance Parole, plus two colour photos labelled as above.

So we've used 7 photos in total -- 6 of me and 1 one of the wife.

Thanks if anyone has any comments or spots something that doesn't sound right.

Edited November 18, 2010 by Tempo House

[siasimba 9]

Hi all,

I am about to file AOS (marriage based) from my current valid L1 status. I'm posting here both to help me sanity check my package as I write, but also, if anyone spots anything I appear to have missed, I'd be grateful for comments. My filing is based on (I hope) close reading of USCIS forms and this site -- thanks to the community for helping me get this far!

So in summary I am filing I-485 concurrently with my U.S. citizen wife's I-130 petition, and I-765 and I-131 are being filed concurrently.

My package is as follows. All documents have been two-hole-punched across the top, no ACCO fasteners used. Tab labels are attached to all documents and cross referenced from the cover letters.

G-1145

I-130 package:

1. Cover letter with cheque for $355 payable to U.S. Department of Homeland Security paper-clipped to it.

2. Form I-130

3. Petitioner's (U.S. citizen wife's) birth certificate (photocopy front and back)

4. Beneficiary's (my) birth certificate (photocopy front and back)

5. Certified copy of record of marriage (photocopy)

6. Petitioner's G-325A, Biographic Information with one colour photo, labelled on back with name and D.O.B., in clear plastic bag labelled "Photo of <wife's name>"

7. Beneficiary's G-325A, Biographic Information with one colour photo, labelled on back with name, D.O.B. and note that Alien Number is "none", in clear plastic bag labelled "Photo of <my name>"

8. Submitted as further evidence of bonafide marriage: current rental lease and several wedding and vacation photos in envelope

I-485 package:

1. Cover letter with cheque for $1010 payable to U.S. Department of Homeland Security paper-clipped to it.

2. Form I-485

3. Applicant's (my) birth certificate (photocopy front and back)

4. Applicant's (my) passport photocopied with photocopies of current I-94 (front and back) and permanent I-94 record (as issued by U.S. Embassy in London at last L-1 status renewal)

5. Sealed envelope from civil surgeon containing form I-693

6. Applicant's (my) G-325A, Biographic Information, with two colour photos, labelled on back with name and D.O.B., and note that Alien Number is "none", in clear plastic bag labelled "Photo of <my name>"

7. I-864EZ, Affidavit of Support from my wife (sole, and qualifying, sponsor) with employment letter stating position and salary; our joint 2009 federal tax return (photocopy) including each of our 2009 W-2s

8. I-765 w/ photocopy of my passport, incl. copies front and back of current I-94 and permanent I-94, two colour photos labelled as above, and full copy of all materials submitted for last L-1 status renewal

9. I-131, Application for Travel Document, completed as application for Advance Parole, plus two colour photos labelled as above.

So we've used 7 photos in total -- 6 of me and 1 one of the wife.

Thanks if anyone has any comments or spots something that doesn't sound right.

Hello,

I am no expert, but I think you need 7 photos of yourself and 1 of your wife. Other than that, everything looks pretty good.

[Tempo House 6]

Hello,

I am no expert, but I think you need 7 photos of yourself and 1 of your wife. Other than that, everything looks pretty good.

Thanks! I just re-checked and I had attached 2 photos to the G-325A that accompanies the I-485. So I don't know why I counted it wrong, but it was good to have another opportunity to double-check. I went through the I-485 package again and counted 6 of me, and then through I-130 where there is one of each of us. So 7 and 1.

Cheers.

[FreedomLover 0]

Looks good to me!

I submitted more evidence of the marriage than you did (wedding invite, joint insurance, enagagement annoucement etc.) but otherwise it all looks great.

[Tempo House 6]

Thanks for looking! That's a good idea -- I'll slip a remaining wedding invitation into the photo package.

[Harpa Timsah 13,258]

Looks good to me! I think the lack of responses indicates we all think it's good! Send it off!

[osiris74 0]

Looks good to me! I think the lack of responses indicates we all think it's good! Send it off!

So you guys did the AOS while in the US under B-2 visa or VWP? I am a USC and wife is in the US under the VWP (did not overstay) and we want to file the I-130 and I-485 at the same time and get it approved prior to the expiration of the 90 days. How is that?

[Harpa Timsah 13,258]

A B-2 is not VWP. They end up being very different for this. It is illegal to enter the US with intent to immigrate on either, however. From your post earlier you said your wife got here a week ago and you want to AOS already so it seems like you are evading US immigration laws. Most people who adjust from B-2 have a period of overstay or have a sudden change in circumstances... it's hard to have a sudden change of circumstances in one week.

At any rate, once you file for AOS you begin another period of authorized stay.

[osiris74 0]

A B-2 is not VWP. They end up being very different for this. It is illegal to enter the US with intent to immigrate on either, however. From your post earlier you said your wife got here a week ago and you want to AOS already so it seems like you are evading US immigration laws. Most people who adjust from B-2 have a period of overstay or have a sudden change in circumstances... it's hard to have a sudden change of circumstances in one week.

At any rate, once you file for AOS you begin another period of authorized stay.

SO what would you recommend? I was reading that overstay and apply for AOS is no good. That's why I guess we should file before the 90 days. We could wait til early January though... maybe better. My wife is pregnant and we certainly do not want to be separated for a year. We have enough proof about the long term relationship. I am getting so confused about reading all the various advise. Thanks!

[Harpa Timsah 13,258]

Well, since she is here...

You must definitely file within the 90 days. (This is only for VWP people though, for people with valid real visas, overstay is irrelevant for spousal applications).

It is said here that intent, while a negative factor, cannot be used by itself to deny an AOS application. But if you have other negative factors, crimes, etc. then they can add the intent on to strengthen their case to deny. I don't know your case, and I am not a lawyer, but I would wait to file at least for a month or so. As long as your application gets accepted before your 90 days are up, she will begin another period of authorized stay (and in fact cannot leave until you get travel permission or the Greencard).

[Tempo House 6]

Looks good to me! I think the lack of responses indicates we all think it's good! Send it off!

Thanks! It was sent today. Once again my thanks to everyone on this forum for providing the information that got me to this point.