Concurrent Filling I-130, I-485 with a J-1 without 212(e)

[ovitch 0]

Hello,

First of all, I don't know who created that website but thank you so much, wherever you are you helped me to save lawyer's fee so far and I've found almost all answers by searching in the bar.

One little doubt for me though on one question of the Form I-485. I'm on a J-1 without two years requirement. I'm eligible (I've verified that with several attorneys).

However, I'm not 100% sure of what to put in the box of the Form I-485 (actually I'm 99% sure but I figured some of you might be more knowledgable).

So I choose option A "An immigrant petition giving me an immediatly available immigrant visa number etc...".

Am I right?

Moreover is any J-1 without 212(e) that succeeded on this forum would mind if I contact him directly for a couple a quick question by email. I would really appreciate some feedback on that specific matter (especially regarding forms).

Thank in advance, I hope my question was clear.

[Harpa Timsah 13,258]

Yes A. The forms are no different for J-1 than other visas (though I suppose you do need to show proof that you are not subject to the 2-year HRR).

There is a forum dedicated to his process, called AOS from work, student, tourist, other visas. Someone will come along and move this post to that location for you. Good luck.

[ovitch 0]

Yes A. The forms are no different for J-1 than other visas (though I suppose you do need to show proof that you are not subject to the 2-year HRR).

There is a forum dedicated to his process, called AOS from work, student, tourist, other visas. Someone will come along and move this post to that location for you. Good luck.

Thank you Harpa Timsah for your answer. I didn't see the other forum (probably because of its low activity). The proof I have for the absence of 2-year HRR is my DS-2019 and my two VISA (both without).

Do you know by any chance what is my status once my VISA expires and I'm still waiting for an AOS? It's unclear on the USCIS paper. Apparently I'm legally here because I have a pending application but no paper to prove it if I go to an airport within the US?

[hmh33 117]

Thank you Harpa Timsah for your answer. I didn't see the other forum (probably because of its low activity). The proof I have for the absence of 2-year HRR is my DS-2019 and my two VISA (both without).

Do you know by any chance what is my status once my VISA expires and I'm still waiting for an AOS? It's unclear on the USCIS paper. Apparently I'm legally here because I have a pending application but no paper to prove it if I go to an airport within the US?

Correct, but you should also have no need to prove it. Proof of immigration status is not required for domestic travel.

[ovitch 0]

Correct, but you should also have no need to prove it. Proof of immigration status is not required for domestic travel.

Thank you for your answer hmh33.

I'm about to go to the Post Office to deliver my precious application.

If anybody would like to look at my overall cover letter, I would be glad to have any suggestions!

Table of Content (in the exact order)

G1145 Form E-Notification of application/petition acceptance

I-130 Petition for Alien Relative (Package)

• I-130 Payment of $420
  
• I-130 Petition for Alien Relative Form
  
• One (1) Passport Photo of US Citizen with full name on back and name on plastic bag
  
• One (1) Passport Photo of Intending Immigrant with full name on back and name on plastic bag
  
• G325A (signed by US Citizen Petitioner)
  
• G325A Continuation Sheet (signed by US Citizen Petitioner)
  
• G325A (signed by US intending immigrant)
  
• Copy of Birth certificate (US Citizen Petitioner)
  
• Copy of Passport biographic page (US Citizen Petitioner)
  
• Copy of Marriage Certificate
  
• Evidence of Bona Fide Marriage
  
• Joint Biographic Letter of intent from Petitioner and Beneficiary (Intending Immigrant)
  
• Two printed pictures of wedding ceremony
  
• Copy of Tenant Statement
  
• Affidavit of Friend + Copy Passport
  
• Affidavit of Wedding Witness + Copy Passport
  
• Personal Letter of Petitioner
  

I-485 Application To Register Permanent Residence Or Adjust Status

• I-485 Payment of $1070
  
• I-485 Application to Register Permanent Residence or Adjust Status
  
• Two (2) Passport Photo of Intending Immigrant with full name on back and name on plastic bag
  
• G325A signed by intending immigrant
  
• Joint Biographic Letter of intent from Petitioner and Beneficiary (Intending Immigrant)
  
• Birth Certificate (Original) in French of the intended immigrant
  
• Birth Certificate Certified Translation in English (Original)
  
• Copy of Passport Biographic Page (Intending Immigrant)
  
• Copy of VISA (Current) and Entry Stamp
  
• Copy of VISA (Former) and Entry Stamps
  
• Copy of I-94 Form of Last Arrival (front)
  
• Copy of I-94 Form of Last Arrival (back)
  
• Copy of DS-2019 (Current)
  
• Copy of DS-2019 (Former)
  
• Copy of Marriage Certificate
  
• I-864 Affidavit of Support Form signed by Petitioner
  
• Copy of Petitioner Federal income tax return + W2s for the year 2011
  
• Copy of US Citizen Petitioner Passport biographic page
  
• Job Letter from (Petitioner)
  
• I-683 Medical Examination Form sealed in an envelope
  

I-765 Application For Employment Authorization

• I-765 Application For Employment Authorization Form
  
• Two (2) Passport Photo of Intending Immigrant with full name on back and name on plastic bag
  
• Copy of Passport biographical page (intending immigrant)
  
• Copy of Passport VISA page
  
• Copy of Form I-94 form (front)
  
• Copy of Form I-94 form (back)
  

I-131 Application For Travel Document

• I-131 Application For Travel Document
  
• Two (2) Passport Photo of Intending Immigrant with full name on back and name on plastic bag
  
• Explanation Letter on a separate sheet dated & signed
  
• Copy of Passport biographical page (intending immigrant)
  
• Copy of Passport VISA page
  
• Copy of Form I-94 form (front)
  
• Copy of Form I-94 form (back)
  
• Copy of current DS-2019 (front and back)
  

[didopage 337]

The copy of the US citizen Birth certificate is front and back? Is it the full version?

I don't see "A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)" in the I-130 packet.

I would include 2-3 more pictures, taken after the wedding. Do you have any proof like joint insurance, joint bills, joint bank account?

Edited November 13, 2012 by didopage

[ovitch 0]

The copy of the US citizen Birth certificate is front and back? Is it the full version?

I don't see "A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)" in the I-130 packet.

I would include 2-3 more pictures, taken after the wedding. Do you have any proof like joint insurance, joint bills, joint bank account?

Thank you for tip, I forgot the back of the birth certificate of my wife! (Merci donc!)

I'm low in bona fide evidence for my marriage even if I have a thousand pictures of me, my wife, my friend, my wife meeting my parents etc... Do you think that would be enough for the interview?

I'm trying to find joint papers but we lack of papers as I'm paying certain bills and she's taking care of others but we have the same address as we live together for the last 6 months.

Hopefully, I guess if you are in a good faith marriage that everything is gonna be alright!

[Harpa Timsah 13,258]

USCIS understands that newlyweds don't have a lot of evidence, so send what you have, and you will be able to gather more for the interview. Yes, as long as you have a real marriage it will be all right

PS: Any natural francophones in this thread would be willing to help me out with a translation of an idiom, pm me

[ovitch 0]

USCIS understands that newlyweds don't have a lot of evidence, so send what you have, and you will be able to gather more for the interview. Yes, as long as you have a real marriage it will be all right

PS: Any natural francophones in this thread would be willing to help me out with a translation of an idiom, pm me

Thank you for your answer. You can send me an personal message if you want a translation.

I have an additional question. Everything was going smooth so far but I got a Request for Initial Evidence for my (I-485). It is related to my I-864. Apparently they didn't get the right Federal Income Tax Return. When I checked what I send I realized that I just sent the W2 (I'm not familiar with IRS).

So now I'm looking to find this document to send it asap but I have no idea what it look like and where I could get it.

- Is it a document that my wife should have received with the W2 or is it the application you send?

- How long do you think it is going to delay my I-765 application? (I'm interviewing right now and I'll need to give a window to my future employers).

Any help would be greatly appreciated!

[maybeifancyu 4]

I had the same situation as you. But I was very unlucky that my I-485 was initially denied in April because the officer thought my J-1 has 212(e) requirement even though I told her I had proof. So be very careful! I filed a motion to reopen and my I-485 was finally approved this month!

Edited December 12, 2012 by maybeifancyu

[ceadsearc 516]

Thank you for your answer. You can send me an personal message if you want a translation.

I have an additional question. Everything was going smooth so far but I got a Request for Initial Evidence for my (I-485). It is related to my I-864. Apparently they didn't get the right Federal Income Tax Return. When I checked what I send I realized that I just sent the W2 (I'm not familiar with IRS).

So now I'm looking to find this document to send it asap but I have no idea what it look like and where I could get it.

- Is it a document that my wife should have received with the W2 or is it the application you send?

- How long do you think it is going to delay my I-765 application? (I'm interviewing right now and I'll need to give a window to my future employers).

Any help would be greatly appreciated!

Call IRS tomorrow and have them fax you a complete tax transcript. This is quicker and the preferred document from USCIS as it shows everything. As for how long, your application is basically on pause until they receive your response. So the quicker you send it and they accept it, the quicker the processing. It's normally 90 days for an EAD, but add in however long from when they mailed you the RFE until they accept your response.

[Harpa Timsah 13,258]

Yes, I would get a tax transcript since you are not familiar with the forms. Just fyi, each person's complete tax return is different, so we can't know what your complete (or your spouse's) looks like. At the least, it has the 1040 or 1040A or some version of that in most cases, W2 or 1099s, and maybe extra schedules and other forms. The tax transcript has your complete tax return all put together so you don;t have to worry.

[ovitch 0]

Thank you maybeifancyu, ceadsearc and Harpa Timsah for your precious help!

I did what you adviced to me and so far it's ok. I got the IRS to send me a fax and it just got delivered in Lees Summit. I hope the RFE will go through. Btw how do you know it worked?