filing AOS (I-130 and I-485) Can I file both packets in the same envelope??

[ClydesdaleCouple 75]

Hey there. Adjusting status from visitor to immigrant and I have a few questions:

1. Can I file the packet for the I-130 and I-485 together?? Like can you combine the packets?? for example, Both require a marriage certificate. Can I just include ONE certified marriage certificate. Same with any other duplicate required documents.

2. How much of each of the passports do we need to include?? I mean should I be photocopying BOTH of our full passports? Seems like an awful waste of paper!

3. People have told us a MILLION times but i'm hoping to hear it from someone OTHER then the person who usually answers. He has overstayed ALMOST a year. We were married (unplanned; have proof it was unplanned) before his Visa Waiver expired. WHAT WE'VE HEARD is since i'm a born American citizen and therefore he my spouse, overstay will be forgiven. Which makes sense but I just wanted to check.

4. Last but not least, What are recommended things to include in the packet as "additional proof of bona fide marriage"? Suggestions?

Thanks guys

[Jordandawg05 13]

Hey there. Adjusting status from visitor to immigrant and I have a few questions:

1. Can I file the packet for the I-130 and I-485 together?? Like can you combine the packets?? for example, Both require a marriage certificate. Can I just include ONE certified marriage certificate. Same with any other duplicate required documents.

you can send them in the same packet but i would not combine the documentations ( both require marriage cert then i would put two)

2. How much of each of the passports do we need to include?? I mean should I be photocopying BOTH of our full passports? Seems like an awful waste of paper!

bio pages and for the beneficiary the visa they entered on. if you took trips together and have stamps on same day at same airport i would include that. For the petitioner, you can show proof of citizenship with your birth certificate (front and back) as well.

3. People have told us a MILLION times but i'm hoping to hear it from someone OTHER then the person who usually answers. He has overstayed ALMOST a year. We were married (unplanned; have proof it was unplanned) before his Visa Waiver expired. WHAT WE'VE HEARD is since i'm a born American citizen and therefore he my spouse, overstay will be forgiven. Which makes sense but I just wanted to check.

from what i know, overstays are forgiven for spouses of US citizens ( this is what i've read on this forum multiple times)

4. Last but not least, What are recommended things to include in the packet as "additional proof of bona fide marriage"? Suggestions?

join bank accounts, credit card statements, insurance cards ( car, life, house, health), lease or ownership of property together, pictures of course (secondary) , hotel/airlien reservations in both names,beneficiary desgination on retierment accounts, utilities. if you were just married , you will not have ALOT of these thigns and USCIS would understand that but i would start building that up and show at interview. Also skype logs or any communication methods you had in the past. though are the stuff i can think off that, anyone else can chime in as well.

Thanks guys

[Nich-Nick 3,354]

I'm only answering #1

Anytime you send applications together, you prepare each as a complete application according to the instructions for that application. Put a big clip on each one to show the separation. Then they ride together in the same envelope when submitted. That is true for the I-130 and I-485 as well as for k1visa holders who submit AOS/EAD/AP together. Some duplication will happen.

[Hypnos 6,576]

1) It's encouraged that you do so. As Nich-Nick stated though you must provide all documentation for each form separately, regardless of duplication. You will be RFE'd otherwise.

2) Unless specifically requested, just a copy of the biographical page (photo page) should suffice.

3) Overstay is not penalised at the time of adjudication for immediate relatives of a US citizen. Immediate relative = spouse, minor child (under 21), parent of, widow/er of a US citizen. This is not to say that the ban magically disappears once you have a green card, it simply is not enforced for green card holders.

For example, suppose someone had overstayed a visa for two years, married a US citizen and then successfully adjusted status. Things didn't work out, they divorced and then the foreign spouse returned to their home country. The 10 year bar they received is suddenly back in play, and they would need to either serve it out or submit a waiver in order to try to overcome it. For most people it isn't an issue because they will get a green card, then apply for citizenship and that is that, but it's something to bear in mind nonetheless.

4) Essentially anything documenting joint assets or liabilities:

- rent or mortgage agreements

- joint bank account statements

- birth certificates of children born to the alien and US citizen

- school records showing you both as the parents of children enrolled in school

- photographs of the two of you together, ideally taken from various time periods

- airplane ticket stubs / boarding passes / travel itineraries showing visits from one of you to another

- copies of Skype / phone call logs showing calls between the two of you

- copies of joint life / health / home / vehicle insurance policies

These are just off the top of my head, there are countless other things you can provide.

Edited February 15, 2013 by Hypnos

[Xanax 349]

Hey there. Adjusting status from visitor to immigrant and I have a few questions:

1. Can I file the packet for the I-130 and I-485 together?? Like can you combine the packets?? for example, Both require a marriage certificate. Can I just include ONE certified marriage certificate. Same with any other duplicate required documents.

2. How much of each of the passports do we need to include?? I mean should I be photocopying BOTH of our full passports? Seems like an awful waste of paper!

3. People have told us a MILLION times but i'm hoping to hear it from someone OTHER then the person who usually answers. He has overstayed ALMOST a year. We were married (unplanned; have proof it was unplanned) before his Visa Waiver expired. WHAT WE'VE HEARD is since i'm a born American citizen and therefore he my spouse, overstay will be forgiven. Which makes sense but I just wanted to check.

4. Last but not least, What are recommended things to include in the packet as "additional proof of bona fide marriage"? Suggestions?

Thanks guys

1- You can file them together in one packet but each application needs to have separate documents. If you need a marriage certificate for your I-130 and your I-485 you will need 2 copies.

2- Follow the guide to the letter and you will be fine, if it says photo copy the whole passport, photocopy the whole passport, if it says biometrics page back and front do that, etc.

3- Overstay IS forgiven for the spouse of a USC.

4- Photos, items in joint names (bank account, health insurance, life insurance, lease, mortgage), affidavits from friends and family, anything mailed to you both at your current address, birth certificates of any children (though this is REQUIRED and not optional).

[ClydesdaleCouple 75]

Am I understanding right that if he overstayed on a visitor visa, (or any visa), that he still cannot leave the country till he is a citizen?

[akihon 129]

Am I understanding right that if he overstayed on a visitor visa, (or any visa), that he still cannot leave the country till he is a citizen?

until he has his green card.

Edited February 20, 2013 by akihon

[Alonso&Sheryl 10]

Am I understanding right that if he overstayed on a visitor visa, (or any visa), that he still cannot leave the country till he is a citizen?

Like the person above me said, he cannot leave the country until he has a green card.

Whatever you do, DO NOT, I repeat, DO NOT leave the country until you get a green card.

A friend of a friend sent her paperwork in, then got her work permit a couple months before her interview, and thought it was okay to leave and go to Mexico for her honeymoon. When they attempted to come back into the states they wouldn't let her in, because technically, she didn't have a status here. She had to go back to Germany, and do a whole lot of waiting there.

[Harpa Timsah 13,258]

OP, I hope you understand that your husband is applying to become a Legal Permanent Resident (Greencard holder) and NOT a citizen. Claiming that he is a citizen when he is not will get him banned from the US for life.

[Spence&Jasey 0]

Do you REALLY need 2 Certified Marriage certificates for both I-130 & I-485 Forms? I and understand everything that was just mentioned above, but I was told from a Para legal that it wasn't necessary because it was being filed concurrently. I am now starting to panic! We got married in Las Vegas, but live in California. And we only ordered one certified marriage certificate a while ago. We are sending out our application this weekend!

Would an RFE be common for this? or could you just submit a photo copy of the Certified as well as the certified Marriage certificate? I am not too too worried about the waiting to go home until I get a Green Card, but it's work that I need to be able to start. Do RFE's delay that process?

*Sorry for all the questions, My Husband and I are doing this alone with only the internet to help! I'd appreciate any replies !!!! Thanks!

[Harpa Timsah 13,258]

I-485 does not ask for a marriage cert. if you are applying on choice A.

USCIS accepts plain photocopies, and prefers them.

Edited March 15, 2013 by Harpa Timsah