My I485 journey

[keeyah 1]

I started this thread because I feel like the process to file for I 485(register as a permanent resident) is very difficult, but with a lot of love and determination you can definitely do it.

1- Do I need a lawyer to file with USCIS (I 485 register as a permanent resident) or can I do it by myself?[/b]

This is a very important question. I file for I-485 because I got married to my wonderful husband after 3 years of dating and we also have beautiful 1 year old son together. My category fails under “family based” since I am married to a US citizen.

Most of my friend file with a lawyer, but I decided to do it myself since I was here legally (F1 visa). My advice would be if you are here legally (work visa, fiancé visa, or student visa….) you can definitely try to do it yourself. You just need the right information and a lot of patience lol. For those who aren’t here legally my best advice would be to hire an immigration attorney that can facilitate the process for you.

Now that you have decided where or not to file it by yourself on to the next step which is finding which category your case fall under. You can find it at uscis.gov

Choose your category and collect as much information that you need. One person on this site that I took a lot of information from when I was filing was Vanessa&Tony's from the visa journey website. Here is a link to her page: http://www.visajourney.com/forums/user/69339-vanessatony'>http://www.visajourney.com/forums/user/69339-vanessatony

They definitely made the process easier for me with definition and plenty of information.

I want to add a few things to that:

- As of June 13 2011 the fee to register as a permanent resident is $1070.00(Make sure that you always check www.uscis.gov for the exact filing fee because it slightly changes each year. The reason why I said that is because I have an interesting story about it.

Story: I was filing for I 485 and right before I wrote my check to the department of homeland security I went to some website other than the USCIS website to know the exact filing fee and it said $1010.00 which use to be the old filing fee. I went ahead, wrote my check, and sent my package to USCIS in Chicago and obviously it got return because it was the wrong amount.

Lesson 1: Always check USCIS.GOV for the correct filing fee

Like I said earlier filing for I485 is not easy and you need a lot of patience. My package was return by USCIS because of the wrong filing fee on my check to register as a permanent resident. Even though I had the right amount on the check for I-130(Petition for alien relative), my package was still return.

2- Since my package was return from USCIS does that mean that I have to print more forms and redo the photocopies?

The answer is no. From my experience when my package got return, it had some stuff that were written on the side as if someone put them through a computer( it had date and others kind of code), so I was worried that I had to make new photocopies of everything. I called the help line and they told me that I didn’t have to. The same day I got my package back from USCIS I went to the bank, wrote a new check and sent it back to USCIS in Chicago.

3- Do I need to translate my birth certificate for the USCIS process?

The answer is yes. I actually got an Request for Evidence (RFE) because I did not translate my original birth certificate which was originally in French. I was so mad because getting a RFE means that it will take more time for you to get an answer from USCIS. I looked up online and it can cost up to $85 to do that (money was really tied at that point). I saw one website www.foxtranslate.com and they offer only $29.00 to translate my birth certificate. I thought that it was some kind of website where after you put your card number in they charge you more, so I called they customer service number and they told me that they really just charge $29.00. it took about 1 day and a half and I got the e-mail back with the translation of my birth certificate.

Lesson 2: Even though it is very tempting to translate it by yourself don’t do it give it to www.foxtranslate.com and they will do an amazing job.

4. Some website offer to notarize by birth certificate translation for the USCIS process, are they better that others?

No; the translator only needs to certify that he or she is fluent in both languages. See link below http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

5- I need my husband tax return to file for I-485 to prove his income what is it exactly?

Let me tell you I tell you I found it the hard way that you need to call the IRS and have them fax or mail over a copy of your husband(or sponsor) tax income for I864(Affidavit support). I got a Request for Evidence(RFE) on my husband tax return for the most recent year because I originally sent a copy 1040 form that he got from filing his tax return and if you read the I485 instructions you are going to realize that they specify that they do not want that.

6- Can I try to walk-in for my biometric appointment for USCIS?

Listen from my own experience I did try to walk in and it was successful. The first time I went it was right after I got my appointment letter and the lady told me that if there is no emergency I could try to come back a week before my original appointment that was scheduled(which I did and it went great).

7- My case is taking a long time and I need my employment authorization to at least start working and help pay bills

We all are in this case and it is really frustrating not to heard from USCIS (or have an update online). I have to say try to involve your congressman if possible.

I called our congressman office, I didn’t know what to say, and they transfer me to the lady who actually deal with immigrations stuff (who knew they had that right) and she was very nice. I explained my case and my frustration and she told me to email her a copy of my I-797 (Notice Of Action). This is the phase where I am now. I am just waiting for her to email me back and I will give you an update on my case.

If you need to know who is the congressman in your area go to http://www.c-span.org/CongressDirectory/. You just need to enter your zip code, it will tell you who the congressman in your area is, and it will help you tremendously.

Lesson 3: The process to file for permanent residency is very complex. Just because you see other’s timelines and everything went fast does not mean you’re your case will go as fast. Remember nothing is easy in life fight until the end for something that is really dear to your heart.

Work cited:

www.uscis.gov

www.C-SPAN.ORG

www.foxtranslate.com

http://www.visajourney.com

http://www.visajourney.com/forums/user/69339-vanessatony'>http://www.visajourney.com/forums/user/69339-vanessatony

[Inky 1,111]

Your not a family based AOS.

You are a STUDENT based AOS. You are adjusting from an F-1 student visa based on a marriage to US citizen.

Family based AOS is an AOS from a Spousal or fiance visa.

[Messybrownhair 251]

Your not a family based AOS.

You are a STUDENT based AOS. You are adjusting from an F-1 student visa based on a marriage to US citizen.

Family based AOS is an AOS from a Spousal or fiance visa.

She's right about that. But still, thanks for the advice and helpful info. I know this will help other members. Congrats on your successful journey

[VanessaTony 3,567]

Your not a family based AOS.

You are a STUDENT based AOS. You are adjusting from an F-1 student visa based on a marriage to US citizen.

Family based AOS is an AOS from a Spousal or fiance visa.

Actually you're wrong. The OP is INDEED a family based AOS. In fact s/he is a "family based adjustment of status from a student visa".

There is no such thing as a "student based AOS" that I've seen. That would imply that someone is adjusting status based on being a student.

Family based AOS means they are adjusting status (from whatever visa) for family reasons (marriage, relatives etc). In the OP's case this is marriage.

They should be posting in the other forum though as this forum is for AOS from family VISAS, not family based AOS.

.

Edited June 17, 2011 by Vanessa&Tony

[Inky 1,111]

Actually you're wrong. The OP is INDEED a family based AOS. In fact s/he is a "family based adjustment of status from a student visa".

There is no such thing as a "student based AOS" that I've seen. That would imply that someone is adjusting status based on being a student.

Family based AOS means they are adjusting status (from whatever visa) for family reasons (marriage, relatives etc). In the OP's case this is marriage.

They should be posting in the other forum though as this forum is for AOS from family VISAS, not family based AOS.

.

Actually i'm not wrong because you just confirmed what I said above, in a different way of saying it.

[VanessaTony 3,567]

Actually i'm not wrong because you just confirmed what I said above, in a different way of saying it.

No... you said (marks in red are mine):

Your not a family based AOS. Yes he is

You are a STUDENT based AOS. You are adjusting from an F-1 student visa based on a marriage to US citizen. There is no such thing as "student based AOS". The OP is adjusting from a student visa, that's different to "student based AOS".

Family based AOS is an AOS from a Spousal or fiance visa.No it's not. Family based AOS is AOS for family reasons, usually marriage or brothers/sisters etc

You can see above you are confusing the terms "family based AOS" and "AOS from family visa". Though someone with a "family based visa" is doing a "family based AOS", you can do a family based AOS from student, work and visitor visas.

Edited June 18, 2011 by Vanessa&Tony

[keeyah 1]

I just got approved !!!!!!!!!!!!!

Thank you God So much now I have to wait 2 years before I deal with uscis again

[VanessaTony 3,567]

I just got approved !!!!!!!!!!!!!

Thank you God So much now I have to wait 2 years before I deal with uscis again

Congratulations