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Posted

Dear Forum Participants,

I am in the final stages of preparing my immediate relative-based AOS package. My current status is F-1 on post-completion OPT.

I have filled out the petitions/applications and attached the required documentation strictly according to the guidelines available on the USCIS website (I-130, I-485, I-864, medical examination, I-765, and I-131.

However, I came across various "checklists" and forum discussions on various websites that suggest a more extensive list of required documentation of which I can find no reference whatsoever in the USCIS guidelines.

For instance, it has been suggested that as an F-1 visa holder I am required to submit copies of my I-20 and I-94. I am unable to find any evidence of this in the current USCIS guidelines. As a matter of fact, I am unable to find any requirement to submit copies of I-94 for any petition/application.

It has also been suggested that I-130 (filed by my wife) requires a copy of my passport and birth certificate. Again, this does not appear to be case at all.

When push comes to shove, I am going to rely on the USCIS guidelines, but I was wondering if anyone could help me with my confusion regarding certain allegedly "required" documentation.

I am assuming much of this is based on outdated USCIS guidelines. Would that be a reasonable assumption? also, any experiences from anyone who recently filed for AOS from F-1?

Many thanks.

Filed: Citizen (pnd) Country: France
Timeline
Posted (edited)

If you follow the USCIS instructions carefully and include "only" what is asked, you will be fine.

But sometimes it can be good to include more documents, just to play it safe. If it's just a few photocopied documents, it doesn't cost you anything. They won't send you a RFE for too much documentation, but they may do it if they judge a document is missing.

I guess that's the fear of a RFE that push people to send a little more. :)

Edited by didopage

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

Posted

If you read I-485 instructions you will see that you need your birth certificate and passport copy. You need your I-94 to show proof of legal entry (and I think I-765 needs it). Have you found the VJ guide?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

If you read I-485 instructions you will see that you need your birth certificate and passport copy. You need your I-94 to show proof of legal entry (and I think I-765 needs it). Have you found the VJ guide?

I am clear on the first part. It states clearly that birth certificate and passport copy are required for I-485 and I have all that. You don't need I-94 if you submit I-765 together with I-485 (according to I-765 instructions). Where does it state that I need I-94 to show proof of legal entry, or is that an experience-based suggestion?

Posted

If you follow the USCIS instructions carefully and include "only" what is asked, you will be fine.

But sometimes it can be good to include more documents, just to play it safe. If it's just a few photocopied documents, it doesn't cost you anything. They won't send you a RFE for too much documentation, but they may do it if they judge a document is missing.

I guess that's the fear of a RFE that push people to send a little more. :)

Thanks! That's good to know:)

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

*** Thread moved from AOS/Family-Based to AOS/Work, Student, & Tourist Visas forum -- OP has an F visa. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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