Review of Cover Letter for Concurrent Filing of I485 and I130

[FakeSnake 0]

We are preparing to file our application in the next couple of days and would appreciate a review of our submission.

The package is as follows:

OVERALL COVER LETTER

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

December 15, 2015

Petitioner (U.S. Citizen): XX

Beneficiary (Alien Spouse): XX

Dear Sir/Madam,

Enclosed is documentation for the concurrent filing of the following forms: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), and I-765 (Application for Employment Authorization). This is an original submission for an Immediate Relative (Spouse) Family Based Adjustment of Status Application.

Contents include (in exact order):

1. Form G-1145: E-Notification of Application/Petition Acceptance
2. Form I-130: Petition for Alien Relative
   1. Includes cover letter, payment and supporting documentation
3. Form I-485: Application to Register Permanent Residence or Adjust Status
   1. Includes cover letter, payment and supporting documentation
4. Form I-765: Application for Employment Authorization
   1. Two passport-style color photos of Beneficiary

Thank you very much!

Sincerely,

XXX

I-130 COVER LETTER

SUBJECT: Concurrent Filing of I-130, I-485, and I-765

Dear Sir/Madam:

Please kindly find enclosed form I-130 (Petition for Alien Relative) and the supporting forms and documentation. Contents include (in the exact order):

1. Check payable to U.S. Department of Homeland of Security for $420 filing fee
2. Form I-130: Petition For Alien Relative
3. Copy of Petitioner's proof of naturalization
4. Copy of marriage certificate
5. Form G-325A: Biographic Information (with one passport-style color photo) for Petitioner
6. Form G-325A: Biographic Information (with one passport-style color photo) for Beneficiary
7. Evidence of a bona fide marriage:
   1. Lease showing joint tenancy of common residence
   2. Bank statement evidencing commingling of financial resources
   3. Joint health insurance cards
   4. Statement evidencing Beneficiary as beneficiary of Petitioner’s life insurance
   5. Statement evidencing Beneficiary as beneficiary of Petitioner’s retirement accounts
   6. Selection of pictures establishing ongoing marital union

I-485 COVER LETTER

SUBJECT: Concurrent Filing of I-130, I-485, and I-765

Dear Sir/Madam:

Please kindly find enclosed form I-485 (Application to Register Permanent Residence or Adjust Status) and the supporting forms and documentation. Contents include (in the exact order):

1. Check payable to U.S. Department of Homeland of Security for $1,070 ($985 I-485 filing fee + $85 biometric fee)
2. Form I-485: Application To Register Permanent Residence Or Adjust Status
3. Copy of Beneficiary's passport (entire passport)
4. Copy of Beneficiary's I-94 (front and back)
5. Copy of Beneficiary's birth certificate with certified and notarized translation
6. Copy of marriage certificate
7. Form G-325A: Biographic Information (with two passport-style color photos) for Beneficiary
8. Form I-693: Report of Medical Examination and Vaccination Record (Completed by a Civil Surgeon sealed in an envelope)
9. Form I-864EZ: Affidavit of Support Under Section 213A of the INA
   1. Copy of Petitioner’s IRS tax return and W-2 form for the year 2014
   2. Copy of Petitioner’s last six pay stubs
   3. Copy of evidence of employment from Petitioner’s employer.

Thanks for your help!

[teeak 224]

You sure you don't want to enclose an I-131 just in case travel is necessary? It's free when filed with the I-485.

Otherwise, your package looks good to me!

[FakeSnake 0]

My understanding is that the 3 and 10 year re-entry ban would still apply if my wife were to leave the country due to her accumulated overstay even if she had an AP document. Is that correct?

[teeak 224]

Actually I believe under Matter of Arrabally (2012), it was deemed that if you leave with authorization (AP), then you won't be put on a ban.

"However, it is paradoxical to warn those who are returning to the U.S. with authorization, that is with advance parole, that they are "unwelcome to return."

"Therefore, the BIA held that an individual cannot become inadmissible under 212(a)(9)(B)(i)(II) based on a trip abroad with advance parole."

https://cliniclegal.org/April2012/Newsletter/Parole

http://elawimmigration.com/advance-parole-does-not-trigger-unlawful-presence/

Edited December 15, 2015 by teeak

[FakeSnake 0]

I'll add the AP form to the submission. It can't hurt, right? If there is a need to travel abroad while the case is pending, we'll have to double-check the content of the website elsewhere.

[teeak 224]

Yep, it's free and can't hurt.

I'm sure you'll be able to find relevant government websites addressing Matter of Arrabally at your leisure while the petition is pending.

[FakeSnake 0]

Thanks for the help teeak!

[tarzan31 27]

Each application needs it's own G-1145E

[FakeSnake 0]

Each application needs it's own G-1145E

Even for a concurrent filing? I've seen cover letters that have one per package and one per "application", i.e., for the I-130 and I-485. Not sure whether those also had one for the I-765 and I-131.

[tarzan31 27]

Even for a concurrent filing? I've seen cover letters that have one per package and one per "application", i.e., for the I-130 and I-485. Not sure whether those also had one for the I-765 and I-131.

We included one with each application,if you read the pages through, you will see each one needs it's own. Each case is assigned it's own number . We received different texts and emails for each case , and not all had the same noa1 date. If you go to the USCIS page, it tells you on the instructions of each form you are filing to include the G-1145 . I would not take the chance to not get the e notices if you really want them.

http://www.uscis.gov/i-765

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

[chaucb 1]

I think you need to include the birth certificate of the beneficiary in the I-130 as well. Looks like you have it in the I-485