Checklist AOS from work visa H1B - Final version

[shanneykar 18]

AOS Eligibility based on: beneficiary currently in USA with valid work Visa and be concurrently filing I130 [relative petition]

Situations included in this checklist:

1. Primary sponsor unemployed and will be using intending immigrant’s income as household income. Primary sponsor Joint filed tax for 2014 but didn’t file for 2012, 2013.

2. Joint sponsor meets income requirement

Hope this checklist helps others on same boat, and I have done my due diligence in verifying this with multiple sources. THIS IS ONLY FOR REFERENCE. Always follow instructions in current forms.

Please add your comments if any corrections.

Thanks to Visa Journey community it’s a lot of learning J

PS This will be same order I will be sending with only 1 main cover letter.

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CHECKLIST - ORIGINAL SUBMISSION – APPLICATION TO ADJUST STATUS

• Form G-1145, e-Notification of Application/Petition Acceptance [ Only one for all forms ]

I-130 PETITION FOR ALIEN RELATIVE (SPOUSE)

• Check of $420 payable to U.S. Department of Homeland Security.

• [ Proof of citizenship ]

• Copy of Petitioner’s U.S. Birth Certificate

• [ Proof of family relationship ]
  • Copy of Marriage Certificate
  • 1 passport-style color photo of the Petitioner [ name on backside with pencil ]
  • 1 passport-style color photo of the beneficiary [name on backside with pencil ]
  • G-325A, Biographic Information filled by Petitioner
  • G-325A, Biographic Information filled by Beneficiary
  • Documents that evidence the bona fides of your marriage [ Added many as I thought it’s important but not necessary - USCIS states 1 or many]:
    • Copy of rental lease showing joint tenancy of a common residence.
    • Copies of bank statements showing co-mingling of financial resources
    • Copy of medical insurance card for petitioner and beneficiary
    • Copy of beneficiary’s life insurance with petitioner as recipient
    • Affirmed affidavit of bona fide marriage sworn by Mother of the petitioner
    • Affirmed affidavit of bona fide marriage sworn by friend of the petitioner
    • Selection of pictures that document the relationship
    • Selection of letters sent to us at same address

I-485 Application to Register Permanent Residence or Adjust Status

Note: If an item is not applicable or the answer is “none,” leave the space blank [only for I485]

• Check of $1070 payable to U.S. Department of Homeland Security.
• Copy of Beneficiary’s Birth Certificate
• Copy of Beneficiary’s passport : Biographic page
• Copy of Beneficiary’s Passport : H-1B Visa and Entry stamp pages
• Copy of I-94 Arrival-Departure record
• 2 passport-style color photo of the beneficiary [name on backside with pencil ]
• I-693, Medical Examination of the Beneficiary completed by a civil surgeon, in a sealed (unopened) envelope
• G-325A, Biographic Information filled by Beneficiary

• I-864, Affidavit of Support filled by Petitioner
  • Copy of Primary sponsor’s (Petitioner) U.S. Birth Certificate
  • Transcript of 2014 Intending Immigrant’s Federal Tax Return jointly filed with the sponsor***
  • Copy of Intending Immigrant’s Federal individual income tax return filed jointly with Beneficiary for year 2014
  • Copy of Intending Immigrant’s W2 form for year 2014
  • Proof of Intending Immigrant’s continued employment (letter written and signed by employer)
  • Copies of previous 6 months pay stubs of the Intending Immigrant
  • Explanation letter with reason for not filing for 2012, 2013 by Primary Sponsor
  • Copy of rental lease showing joint tenancy of a common residence.

• I-864, Affidavit of Support filled by Joint Sponsor
  • Copy of Joint sponsor’s U.S. Birth Certificate
  • Transcript of 2014 Joint Sponsor’s Federal Tax Return***
  • Copy of Joint Sponsor’s Individual Federal income tax return for year 2014
  • Copy of Joint Sponsor’s W2 form for year 2014
  • Proof of Joint Sponsor’s current employment (letter written and signed by his employer)
  • Copies of previous 6 months pay stubs of the Joint Sponsor

I-765 for Application for Employment Authorization (EAD)

• Form I-765, Application For Employment Authorization
• Copy of Beneficiary’s Passport : Biographic page
• Two U.S. Passport color photos of the Beneficiary

I-131 for Application for Travel Document / Advance Parole (AP)

• Form I-131, Application For Travel Document
• Copy of Beneficiary’s Passport : Biographic page
• Copy of Beneficiary’s Passport : H-1B Visa and Entry stamp pages
• Copy of Beneficiary’s I-94
• Two U.S. Passport color photos of the Beneficiary

Note to moderator : Please don't merge with my other thread that asked review of my cover letters to each form. You can drop that thread though as after more research decided -> Individual cover letter to each form and lots of duplicate/unnecessary supporting docs might not be good. I appreciate your understanding.

[Hypnos 6,576]

The I-131 does not require another copy of your I-94.

[shanneykar 18]

Thanks, you are right it is not needed. Wish I can edit my post to remove [ will see if I can ]

Few other corrections in my post

1. I missed to include the I130, I485 forms itslef in the checklist as checkbox item add it so you can tick when you verify,

2. For I131 it states "A copy of any document issued to you by USCIS showing your present status"

• A copy of passport Visa page suffice I guess, But still
  • Include copy of both the pages of I797A - Notice of action with your H-1B approval

[ would appreciate if someone can confirm or I will respond after soem research ]

[shanneykar 18]

Before I sign off for today another last thing to add here.

For someone like me who had traffic citations and fine > $500 then they have to include below with I485 as initial evidence.

• Copy of each traffic citation whose fine is > $500
• Copy of Court disposition [ guess it is also called sentence record - please correct me if i am wrong ]
• Copy of Confirmation that fines are paid/Probation is completed [ It is paid receipt in my case ]

I had first citation for speeding with fine $420 and second time 3 citations at same time [ speeding $340, address change $100, suspended tag $980 ]. Nothing is alcohol or DUI and all fines paid.

Out of all these planning to attach only the documents for suspended tag as only it is > $500. If anyone has different opinion please add.

PS This will not affect the outcome of AOS and it is best to provide to be on safer side.