CONCURRENT FILING OF I-130, I-485, I-765, I-131

[sat86 3]

Filing form I-130 along with I-485 at the same time: condition: Beneficiary resides in USA.

Hello, I am going through an adjustment of status and I would like to share my experience on this helpful website.

I filed everything by myself using the ressource :

- on the USCIS Website ( I downloaded all needed forms along with their instruction.

- I read feedback and experiences from people who went through the process of family based greencard in order to get an idea of the processing time and use some advice. This website was very helpful.

- with those 2 ressources, I did not waste money to hire a laywer .

I came in the USA in 2012 on F-1 visa. I was working on campus so it was easy for me to get a social security number while I was still on F-1 visa. After I graduated in 2014, I applied for OPT on August 2013 and my case got approved on October 2014. I started to work on November 2013. I met my boyfriend in June 2013 and our relationship started to be serious on November 2013. We got Married on August 2014. We opened a joint Bank account right after and I started to prepare my adjustment status around August 26th 2014. I submitted at the same time all required documentation (http://www.***removed***/forum/showthread.php/93775-Concurrent-filing-of-I-130-I-485-I-131-I-765) except form I-864 ( we did not meet all the the requirements because my husband was not working at that time and his income for the last 3 years did not meet the Minimum Income Requirements to File a Federal Income Tax Return for a single).

Form I-130: Petition for Alien Relatives costs $420.00.

My husband is the primary sponsor. He completed the entire form and signed it. We submitted along this form copies of :

- Copy of marriage certificate

- His birth certificate

- 1 passport -ype photo ( write his name and date of birth on the back)

- Evidence of the bona fides Marriage:

- Joint Bank account

- 1 lease showing joint tenancy of a common residency

- 1 G-325A forms with my husband’s Biographic information

- $420.00 check payable to US Department of Homeland Security

Form I-485: Adjustment of Status Application costs $1,070.00

I completed I-485 and submitted it along with:

- Clipped a completed G1145 E-Notification of Application/Petition Acceptance to the first page of the application so as to receive emails and Text message to alert you when application is received.

- 1 Cover page to help the USCIS understand what benefit I am applying for and specifically what items I have included in my package. Make sure the cover page includes:

- Applicants ( my husband and I) contact information (name, address, phone number)

- A description of the benefit I was applying for ( Immediate Relative (spouse) Family Based Adjustment of Status Application)

- A listing of major items in the concurrent filing (i.e I-485 and evidence; I-765, I-131,I-693, check etc.)

- A line with my husband and I signature and date

- Copy of Form I-94

- My Translated Birth Certicificate along with copy of the original

- Copy of my passport page with nonimmigrant visa

- I-693 completed and certified by the civil the surgeon in a sealed envelope

- Form I-693: Report of Medical Examination and Vaccination Record costs $400.00

- Call to schedule an appointment with a designated civil surgeon as soon as possible because their schedule is busy and the process might take 2 weeks to get the Doctor complete the papework.

- On August 26th,2014 I called several civil surgeons in my town and most of them have available dates only around september 20th. The closest date I got was for August 29th and it was in another town. I got everything checked Physical X-ray, Blood Test, Shots within 1 week. The doctor gave me my paperwork on September 5th

- 1 G-325A forms with my Biographic information

- 2 passport-type photos ( name and date of birth on the back), placed in a plastic bag and label the Bag Photo

- $1,070.00 check payable to US Department of Homeland Security

- Form I-765 application for Employment Authorization (EAD) if you want to work while your application is being processed ( OPTIONAL). Costs $0.00

- copies of my 3 last paystubs

- copy on my previous EAD card ( obtained throught OPT)

- Form I-131: Application for travel Document if you need to travel outside USA while your application is being processed. (OPTIONAL). Costs $0.00

On September 10th, 2014 I mailed (US Postal regular service) I-130 along with I-485 and evidence at USCIS Chicago Lockbox: USCIS

P.O Box 805887

Chicago, Il 60680-4120

Case transfered to National Benefit Center (MSC) Lee’Summit, MO

Countdown and processing time

On September 17th: I received emails and text message stating that my case has been accepted and routed to the USCIS National Benefits Center for processing. My case was processed In lee’s Summit, Missouri.

I created an online account on the USCIS website to manage my application portfolio ( add each case receipt number (shown of form I-797C notice of action form) ) . Check the boxes to receive text message and email everytime a case is updated.

On september 18th: I received in the mail the four I-797, notice of action of the acceptance each application

On September 20th: I received in the mail I-797, notice of action inviting me to take fingerprints and photo at the local USCIS office in my town on October 7th,2014.

On October 1st, 2014: I received in the mail a Request for Initial Evidence (I-485) inviting me to submit form I-864, affidavit of support for the petitioner listed on form I-130.

On October 7th, 2014: It took me 15minutes to complete fingerprint and Photo

On October 11th, 2014: I mailed ( Express delivery: USCIS Lee’s Summit, MO 64002) Form I-864: Affidavit of support

along with:

- 1 form I-864A , contract between sponsor and household member since we did not meet all the financial requirements, we added the income of a family member living with us. We added Form 1040, U.S. Individual Income Tax Return and all related W-2 forms

- A letter explaining why my husband did not file taxes for the last 3 years ( Low Income)

- An employment letter from my husband’s company since he started to work on September 23rd, 2014. That letter showed his current net pay and his expected income for the next 12 months.

- Copies of his 2 last paystubs

On October 18th, 2014: I received a Text message and email stating that Form I-765, work authorization and form I-131, travel authorization (AP) got approved. I will be expecting to receive EAD Card and AP within 30 days.

On October 21st, 2014: My husband received Notice of Action (NOA) for biometrics because he may be subject to review under AWA.

On October 24th, 2014: Husband did biometrics (only fingerprints) and I receive my employment approval notice letter. Thank GOD I already had a job offer and I was supposed to start on the 27th.

On May 11th , 2015: A RFE was sent to my husband however we did not know about that request as USCIS did not update it on the USCIS Check my case status portal.

On August 10th, 2015: I received a letter from USCIS stating all my pending applications and benefits were revoked as the underlying sponsorship I-130 was considered as abandoned since my husband did not answer to the RFE sent on May. My husband stated that he never received it. I went to the field office with husband explaining that we never received that letter and we do not have a way to track it since there is no update on the USCIS online tool. The field agent requested our application to be sent over to their office so they can investigate. As soon, they received the application, we went back there and I found out that the letter they sent was requesting my husband to provide court record about two misdemeanor crimes and 1 offence on a police officer. He never told me about those crimes he did 10 years ago. the lady advised us to file the I-290B motion to reopen which I did but it is a waste of time and money as usually once USCIS revoked a petition, they will not reopen it. It is preferable to START ALL OVER AGAIN according to 2 different lawyers I met after.

In the mist of that I had to go to family court several times as my husband was physically abusing me before and after we got married. I had a restraining order against my husband and after that a friend of mine advised me to Self-Petition under VAWA. I created a different thread for that subject.

Edited March 17, 2016 by aisstou86

[Pitaya 2,577]

~Moved from Fam.-based AOS to WStudentT-based AOS Progress Forum~

~Adjusting from student visa~

[JahGohn 0]

once filing concurrently, should i include two sets of affidavit of supports , that is one to the I130 and one to the I485

[payxibka 10,047]

2 minutes ago, Eddie Paygar Gohn said:

once filing concurrently, should i include two sets of affidavit of supports , that is one to the I130 and one to the I485

You just woke up a 3.5 year old thread.  To answer your question,  no.  Only one affidavit 

[JahGohn 0]

For Form I864, my wife is sponsoring me and I have been counted in part 3 already, will she still count   me in count 3 under 'persons not sponsored in this affidavit'? As you know, we are not to do double count. 

[elmers 293]

21 hours ago, JahGohn said:

For Form I864, my wife is sponsoring me and I have been counted in part 3 already, will she still count   me in count 3 under 'persons not sponsored in this affidavit'? As you know, we are not to do double count.  

You are counted in part 3 so for part 5, Q1 is 1, leave Q3 blank to avoid double count.