Do i file I485 + the EAD form in the same applicatio?

[Pragati Soni 4]

Hi All,

My wife is here in the US on b1 b2 visa and I am a greencard holder. I had filed for her GC and the Priority date is Dec 2014.

Can you advise following:

1) What docs should we submit along with I485 form. (List I have is I864, birth cert, marriage cert, passport copy, b1b2 visa copy and US arrival stamp, I-130NAO1)

2)How many photos do I need to send along with application

3) Do I have to submit a separate EAD application along with fee or does she automatically get EAD card along with I485 with the same application money.

4)We are still awaiting her I130NOA2 approval. But based on the October bulletin she is eligible to send the docs to uscis lockbox

5) green card i130 form was filed with name after marriage and my wife currently still uses maiden name on her indian passport. Is this a problem ?

6)When she arrived with visitor visa in May, her last date to leave the US was Nov 21. If I file her i485 does she need to go back to india because her nonimmigrant visitor visa allowed her to stay only till Nov21?

Apprciate your help

Anand

[teeak 224]

1) This guide is useful http://www.visajourney.com/content/i130guide2. Only difference is you've already submitted the I-130.

2) You need to send 2 photos for each form. So 6 passport sized photos (I-485, I-765, I-131)

3) You need to file I-765 as per the guide to receive an EAD card but since you will file it with I-485 the fees will get waived. Also, submit the I-131 form so she will get the EAD/AP combo card and will be able to travel if need be.

4) Yes, but since it's the October bulletin, you may want to wait until October before mailing it out. Also, you need the I-130 petition approval. Have you not received this yet?

5) Hmm, not sure about this. She won't be able to get a new passport here since it will take too long...

6) Nope, after you submit the adjustment of status form, her stay is extended until a decision is made because she has a pending petition.

Edited September 21, 2015 by teeak

[Pragati Soni 4]

Does anyone know if I can file I485 on oct 1 even without the Final NOA2 approval letter. I have not yet received the Noa2 from California and my file was recently transferred from Vermont to California service center.

[teeak 224]

The only reason I say you may want to wait for an approval notice is because on the I-485, Part 2, box a (the box I'm presuming you're checking off), it says to attach a copy of the approval notice.

CSC has been very quick in their approvals so you may be receiving one soon.

[TBoneTX 45,324]

*** Thread moved from AOS/Family-Based main forum to the "AOS from WS&T Visas" main forum. ***

[Hypnos 6,576]

The only reason I say you may want to wait for an approval notice is because on the I-485, Part 2, box a (the box I'm presuming you're checking off), it says to attach a copy of the approval notice.

That is not what it says. It says to attach an approval notice, or a relative visa petition (= I-130) that, if approved, would make a visa number available. That part has already been done (the I-130 has already been submitted). The OP does not have to have had their I-130 approved, but just needs to show it has already been filed by enclosing a copy of their I-130 NOA.

Edited September 22, 2015 by Hypnos

[Pragati Soni 4]

Hi Can someone please advise whether I send my AOS package on oct 1st via FedEx or I can send it now ?

Also I am not going to change my wife's name on her Indian passport (her passport currently has a maiden name) but the original I130 was filed by me in the name after marriage. I can send a affidavit that the name refers to the same person. Please advise if that is acceptable. I don't think USCIS is concerned what name one uses as long as there are legitimate proofs.

Thanks

Anand

[Hypnos 6,576]

It will be rejected and returned to you if USCIS receive it before 1st October.

[Pragati Soni 4]

Today I called USCIS once again to confirm. The agent says only if I was a US citizen, then my wife is eligible to Adj status from visitor visa. I think I better visit the UScis field office to get a 100% confirmation as the Visa bulletin rules are saying something different and the USCIS phone agents tell something different.

[Hypnos 6,576]

The USCIS misinformation line is called that for a reason.

The new policy is clearly spelled out on several official sites.