AOS Package CONFUSION!

[Deema & Wayne 28]

Hello all,

Hubby and I just got married; I am not a US citizen however he is; long story short, I got info on what forms are needed but I am confused as to which forms I HAVE to send in.

I can see that some people have filed the AOS packet with just the I-130...Must I send in the I-485 too or just have my husband fill the I-130? And what about the I-765? Can I send that along with the I-130 without the I-485? I know the work one is optional at no extra cost but not sure if the other two are mandatory or one or the either will do? I'm confused

[kikayrheina 0]

hello there...

you still have to send an I-485 as this is the adjustment of status form together with your I-30 and you can include also I-765 for your work permit...

you can check this guide....you wouldnt go wrong if you have all of these forms and important documents...

http://www.visajourney.com/content/i130guide2

goodluck and congratulations..

Edited August 6, 2011 by kikayrheina

[kzielu 1,149]

What Visa are adjusting the status from ?

How about checking out the guides ? http://www.visajourney.com/content/guides

If you adjust from B1/B2 you need I-130, I-485, I-864, I-765 and I-131 (those are optional) and I-693 with medical exam completed prior to sending it out. Plus minor things (but nonetheless important) like G-325a. Remember about checks for correct amount.

[Deema & Wayne 28]

I'm adjusting from the B1 Visa and while I was reading I came across this:

Get a Green Card While Inside the United States

One Step Process

Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

Two Step Process

You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.

Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page

This says that I can send in one or both, right? I've seen that a lot of people have sent in the i-130 alone and they entered on the B1

[kzielu 1,149]

You really want to send both - while you can do it separately, it does not make any sense. You want concurrent filling, sending both I-130 and I-485 (+ others required) at the same time.

[missicy 87]

Read this guide and follow it: http://www.visajourney.com/content/i130guide2

File I-130 and I-485 concurrently.

[JimVaPhuong 4,863]

This says that I can send in one or both, right? I've seen that a lot of people have sent in the i-130 alone and they entered on the B1

In order to apply for adjustment of status there must be a visa number immediately available for you. An I-130 filed on behalf of the spouse of a US citizen makes a visa number immediately available. The I-485 is the application to adjust status.

So, you can send the I-130 alone, but you won't get a green card until you send an I-485. You can't send the I-485 alone because it won't make a visa number available.