I-485 & I-!30 checklist

[beppo 8]

Hello VJ members

Myself and the wife will be sending of the I-1485 & I-130 in a few days. Can anyone please tell me if all the douments were sending is good to go? Below is a checklist of what were sending off. Thanks again folks, we appreciate the help the last few months.

I-458 checklist

1 - Cover page for I-485

2 - Check for $1070

3 - Copy of non US citizen passports including (all pagers)

4 - Copy of I-94 (both sides)

5 - Copy of NOA2 from I-129f

6 - Copy of non US citizen birthcert

7 - Certified copy of marriage cert

8 - G-325a, signed and dated (2 passport photos, full name and A# on back)

9 - I-693 medical examination

10- I-864 Affadavit of support

11- I-765 application for employment

12- I-131 application for travel doc

13- G-1145 E-notification

I-130 checklist

1 - Cover letter for I-130

2 - Check for $420

3 - I-130 petition

4 - Copy of US Citizens passport

5 - Copy of immigrants birth cert or passport (Is birth cert ok)

6 - Certified copy of marriage cert

7 - Copy of divorce docs ( We didn't do certified, is this ok)

8 - G-325a filled out by US citizen (photo insterted on back)

9 - G-325a filled out by foregin spouse ( photo inserted on back)

10 - Various documents of bona fide marriage eg - Joint lease, car insurance in joint names, bank account, directv, water and electric etc.

11 - 4 photos of our wedding, 4 photos of family members (were in all of the photo's)

12 - 2 affadivit's of very close friends who live in the same neighbourhood (both notarized)

I'm sure their is more we could put in, but don't want to overspill. Will above what I've stated be all ok and ready to go?

Thanks again folks.

[Harpa Timsah 13,258]

If you are applying for AOS based on an approved I-129F, there is NO need for I-130 at all. Did you enter on a K-1 visa and marry within the 90 days?

[beppo 8]

If you are applying for AOS based on an approved I-129F, there is NO need for I-130 at all. Did you enter on a K-1 visa and marry within the 90 days?

I came over on approved I-129f Dec 2008, got married March 2009. For financial reasons we didn't get to do the AOS. The reason we went for the I-130 route is that we will be 2 years married tomorrow. Going for the 10 year green card instead of the 2 year.

[Harpa Timsah 13,258]

I see from your prior posts it has been 2 years since you married, and no AOS filed, so you are doing this to ensure 10-year GC. Good move Sorry for the confusion.

Looks good - for the affidavit of support, make sure you have a complete tax return (all W2s, schedules, etc) and a letter from the employer or 6 months of paystubs to prove current employment. Good luck.

Edit: You will need copy of a birth certificate and a copy of the immigrant's passport - both. A normal copy of your divorce docs are okay if the one you are copying is the certified copy. Don't bother with the I-131 - because you overstayed, you won't be able to travel on it anyway. You also need 2 photos for I-765.

Edited March 6, 2011 by Harpa Timsah

[Haarp425 26]

Hello VJ members

Myself and the wife will be sending of the I-1485 & I-130 in a few days. Can anyone please tell me if all the douments were sending is good to go? Below is a checklist of what were sending off. Thanks again folks, we appreciate the help the last few months.

I-458 checklist

1 - Cover page for I-485

2 - Check for $1070

3 - Copy of non US citizen passports including (all pagers)

4 - Copy of I-94 (both sides)

5 - Copy of NOA2 from I-129f

6 - Copy of non US citizen birthcert

7 - Certified copy of marriage cert

8 - G-325a, signed and dated (2 passport photos, full name and A# on back)

9 - I-693 medical examination

10- I-864 Affadavit of support - Do you have the petitioner's W-2, employer's employee statement, recent pay stub, Recent 1040 or 3 years worth of IRS transcript?

11- I-765 application for employment - You need 2 2x2 passport size photo

12- I-131 application for travel doc - You need 2 2x2 passport size photo

13- G-1145 E-notification

I-130 checklist

1 - Cover letter for I-130

2 - Check for $420

3 - I-130 petition

4 - Copy of US Citizens passport

5 - Copy of immigrants birth cert or passport (Is birth cert ok)

6 - Certified copy of marriage cert

7 - Copy of divorce docs ( We didn't do certified, is this ok)

8 - G-325a filled out by US citizen (photo insterted on back)

9 - G-325a filled out by foregin spouse ( photo inserted on back)

10 - Various documents of bona fide marriage eg - Joint lease, car insurance in joint names, bank account, directv, water and electric etc.

11 - 4 photos of our wedding, 4 photos of family members (were in all of the photo's)

12 - 2 affadivit's of very close friends who live in the same neighbourhood (both notarized)

I'm sure their is more we could put in, but don't want to overspill. Will above what I've stated be all ok and ready to go?

Thanks again folks.

Edited March 6, 2011 by Haarp425

[Haarp425 26]

Don't bother with the I-131 - because you overstayed, you won't be able to travel on it anyway. You also need 2 photos for I-765.

I agree. Don't go out the USA if you don't have the GC yet if you have overstayed your VISA.

[beppo 8]

I agree. Don't go out the USA if you don't have the GC yet if you have overstayed your VISA.

I didn't relise there was an overstay on a K1 as long as we got married within the 90 day period. Yes I would be out of status after 90 days but not overstayed. I thought an overstay was if I came over on example the VWP and stayed after 90 days.

As the I-131 is free with the AOS, surely it wouldn't do any harm sending it............would it??

So does this mean I can't leave the USA until I get the green card if I'm approved?

[Haarp425 26]

You can get married all you want within 90 days of your I-94 stamp but if you did not file for AOS within 90 days of your I-94 stamp, you are out of status or you have overstayed which are the same.

[beppo 8]

You can get married all you want within 90 days of your I-94 stamp but if you did not file for AOS within 90 days of your I-94 stamp, you are out of status or you have overstayed which are the same.

I'm not saying your wrong, but I've never heard the term 'Overstay' on a K1 visa, only If I didn't marry within 90 days.

So I presume after the 90 days kicked in I was 'Out of Status' not 'Overstay'

They are 2 different things.............I think.

So basically what your saying is, I won't get the travel document, that it will be denied?

Once I have confirmation from the USCIS that they have the I-485 and I-130, wouldn't I be back in status?

Edited March 6, 2011 by beppo

[Haarp425 26]

I didn't relise there was an overstay on a K1 as long as we got married within the 90 day period. Yes I would be out of status after 90 days but not overstayed. I thought an overstay was if I came over on example the VWP and stayed after 90 days.

As the I-131 is free with the AOS, surely it wouldn't do any harm sending it............would it??

So does this mean I can't leave the USA until I get the green card if I'm approved?

I hope you did not work without EAD card.

Check this out.

Accrual of unlawful presence stops on the date the application is properly filed pursuant to 8 CFR 103 and the regulatory filing requirements governing the particular type of benefit sought.

Note that, if the application is properly filed according to the regulatory requirements, the applicant will not accrue unlawful presence, even if it is ultimately determined that the applicant was not eligible for the benefit in the first place. The accrual of unlawful presence is tolled until the application is denied.

Accrual of unlawful presence resumes the day after the application is denied. However, if the application that was filed with USCIS is denied, and the alien has a legal basis upon which to renew the application in proceedings before an immigration judge, the protection against the accrual of unlawful presence will continue through the administrative appeal. See for example for adjustment of status applications under section 245 of the Act: 8 CFR 245.2(a)(5)(ii) and 8 CFR 1245.2(a)(5)(ii) .

Example:

An alien, who has been unlawfully in the United States for 90 days, and who had worked without authorization during the 90 days, applies for adjustment of status based on an approved Form I-130, Petition for Alien Relative.

The application for adjustment of status is properly filed, that is, the application is fully executed, signed, and the applicant pays the proper fee. See 8 CFR 103.2(a)(7) . Also, with the application package, the alien provides a copy of Form I-797 , Notice of Approval for the Alien Relative Petition, and a copy of the newest Visa Bulletin, demonstrating that a visa number is immediately available in his or her preference category. See 8 CFR 245.2 .

Therefore, USCIS accepts the application and stamps it as received and properly filed as of January 1, 2007. What is not readily apparent from the initial review of the application is that the alien had previously worked without authorization, and therefore, he or she is not eligible to apply for adjustment of status pursuant to section 245© of the Act.

However, because the application was accepted by USCIS as (technically) properly filed, the applicant is now in authorized stay and does not accrue any unlawful presence during the pendency of the properly filed application for adjustment of status.

At the time of the interview, on April 1, 2007, the applicant’s adjustment of status application is denied based on section 245© of the Act, for having been employed without authorization.

On April 2, 2007, the alien’s accrual of unlawful presence resumes because he or she no longer has a pending application for adjustment of status. The alien departs the United States on May 1, 2007, after having secured an immigrant visa interview at the US Embassy/consular section in his or her home country.

In assessing the alien’s inadmissibility under section 212(a)(9) of the Act, the consular officer will count the alien’s 90 days of unlawful presence that accrued prior to the filing of the adjustment of status application, and the 30 days of unlawful presence that accrued after the adjustment of status application was denied.

However, the consular officer will not count the time period during which the adjustment of status application was pending because the individual was in a period of stay authorized and did not accrue unlawful presence during the pendency of the adjustment application.

In total, the alien had accrued 120 days of unlawful presence in the United States; the alien is not inadmissible under section 212(a)(9)(B) of the Act.

Source: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1885

[beppo 8]

Well one thing, I haven't worked since I arrived, I can't work without a work permit. I have heard of plenty people AOS after the 90 days and got approved. Now, If I got married after 90 days, then I would have major problems. As far as I'm aware, there is no law that state's that you have to AOS within 90 days. The main thing is to marry within 90 days.

[Haarp425 26]

I'm not saying your wrong, but I've never heard the term 'Overstay' on a K1 visa, only If I didn't marry within 90 days.

So I presume after the 90 days kicked in I was 'Out of Status' not 'Overstay'

They are 2 different things.............I think.

So basically what your saying is, I won't get the travel document, that it will be denied?

Once I have confirmation from the USCIS that they have the I-485 and I-130, wouldn't I be back in status?

Let me rephrase it.

You were allowed to stay 90 days and file for Adjust of Status before the 90 days is up.

You did not apply for AOS before the 90 days is up and so you were "out of status".

OR (in different wording)

You did not apply for AOS before the 90 days is up and so you have "overstayed" your authorized stay which is suppose to be 90 days only.

You have accumulated unlawful presence after the 90 days authorized stay up until you file the AOS I-485. Since you have not filed the I-485 yet, you are currently accumulating unlawful presence even further.

[beppo 8]

Let me rephrase it.

You were allowed to stay 90 days and file for Adjust of Status before the 90 days is up.

You did not apply for AOS before the 90 days is up and so you were "out of status".

OR (in different wording)

You did not apply for AOS before the 90 days is up and so you have "overstayed" your authorized stay which is suppose to be 90 days only.

You have accumulated unlawful presence after the 90 days authorized stay up until you file the AOS I-485. Since you have not filed the I-485 yet, you are currently accumulating unlawful presence even further.

Where you getting your information that someone does not AOS within 90 days is here illegaly? I honestly have't heard of that before. The link which you gave doesn't state I'm here illegaly as I married within 90 days on a K1.

[Haarp425 26]

Marriage alone does NOT give you "legal status" in the USA for immigration purposes. You need to file for AOS. You need to have an unexpired VISA or unexpired authorized stay as stated on the I-94 or pending I-485 based on an approved I-130 to be legally staying in the USA.

[beppo 8]

Marriage alone does NOT give you "legal status" in the USA for immigration purposes. You need to file for AOS. You need to have an unexpired VISA or unexpired authorized stay as stated on the I-94 or pending I-485 based on an approved I-130 to be legally staying in the USA.

Did I say it gave me legal stay? All I'm asking is where did you get your information that you have to AOS withing 90 days and that I'm on an overstay and not out of status?