Questions about AOS filing

[Fifth Echelon 6]

Hi Folks,

I have a few questions around my marriage based AOS filing that I'm hoping to sort out before I have to send the packet in. Some of these may be blatantly obvious but I'd like to be 100% clear on these before filing, so please bear with me. Our background is that I am currently in the US on an H-1B visa, while the fiancee is a USC. We will be getting married in about a week, and will be sending our I-130/I-485 AOS packet shortly thereafter. I am of course assuming that the I-130 and I-485 CAN be in the same packet, so please correct me if this is an incorrect assumption. Here are some questions I have about this....

1. I will need to pay the I-130 filing fee ($420) and the I-485 fee ($1070), and zero fees for EAD and AP. Is that correct?

2. According to USCIS, filing an I-864 is free, but the State Department charges a fee when reviewing these domestically. Does this fee apply when filing for AOS?

3. How will the processing timeline work? Will the I-130 first need to be approved before they look at my I-485, AP and EAD? Or will everything be reviewed concurrently?

4. Does filing an I-130 and I-485 concurrently mean that the process will take longer than just filing an I-485 (such as for those who have adjusted from K-1 visas)?

5. There is significant overlap between supporting documents required for the I-130 and I-485 (copies of marriage certificate, birth certificate, passport, G-325A, evidence of marriage, to name a few). When filing the I-130 and I-485 concurrently, should we make two copies of each of these documents (one for the I-130 and one for the I-485) even though these will be in the same packet?

Any thoughts would be most appreciated!

[Penguin_ie 5,993]

***** Moved from AOS from Family... to AOS from Work visa.. as Op holds a H1B *****

[MarisolT 1]

Here are my suggestions from my experience:

1. Correct, no fees for EAD or AP if filed along with the I-485

2. No, only the $1070 fee applies

3. They are proccesed concurrently, you will recieve NOA's for all forms submitted and go from there. EAD and AP should be processed within 90 days regardless of how long the I485 takes

4. The timeline depends on your field office and their workload, also whether or not you get RFE's after filing and how long it takes you to answer back. From my experience, it took my father 3 months, we sent the packet in July and he has his interview this last Thursday (October)

5. Yes, treat each form separetly and send in what it asks for, you cannot assume that all your paperwork will stay together and you dont want it returned because something was missing.

You can send both applications together, I used a big rubber band to separate the documents. The I-130 and all supporting documents rubber-banded together and the I-485 and all supporting documents in a different rubber band. I've heard of people using big paper clips as well. Anything you can do to make it easier for them to sort thru the information. I also included a cover letter detailing the contents and separated things with color coded sheets of paper and leveled them.

[Fifth Echelon 6]

MarisolT: Thanks for the detailed response! I noticed in your signature that you went through the same process with your parents. What did you receive RFEs for?

Edited October 24, 2011 by Fifth Echelon

[MarisolT 1]

My mother got RFE's twice for the I-693 even though both times it was filed correctly, the first time they claim they did not get it when I KNOW I sent it... the second time they claimed it was the wrong version but our CS checked everything again and it was the latest version everything filled out and signed so we simply resent he packet. All said and done we sent them my mom's I-693 THREE TIMES!!! They also claimed they did not recieve her I-864 and supporting documents which AGAIN where mailed in the same envelope! I believe they lost them and were making it seem like WE didnt send them and of course it is OUR fault... but anyways, it was a matter of making more copies and sending it again so all in all nothing huge but ver very annoying.

My father got an RFE because I forgot to include a copy of his I-94 with his packet.

[MarisolT 1]

As you can see even though I sent in both of my parent's packets together and with the same documentation in each, their cases took very different paths for whatever reason.... Their interviews are almost a month apart, and thats with us answering to the RFE's within one or two days, we would get the letter in the mail put everything together and send it back again the next day.

If you have any specific questions PM me, i'd be happy to help