Filing I-130 for my husband who is IN the US with me on a Visa Waiver. More info inside.

[OvernightSiren 2]

He arrived on 10/1/16. He proposed on 10/31/16. We were married on 11/27/16. I am now trying to file all of the required forms and getting increasingly anxious. Every time I think I have everything I find out about new forms or new forms of information that I need to include. Can someone review my list below (which essentially mirrors my cover letter) and let me know of anything I'm missing? For sake of simplicity, let's refer to me as S and my immigrating husband as J.

S: Natural born US citizen

J: Spouse. Immigrating to US from Australia--currently IN the US.

I-130 Package

- Form I-130 filed by S

- A check for the amount of $420.00 to cover the filing fee

- Completed and signed for G-1145

- Form G-325A filed by S with passport style photo of S

- Form G-325A filed by J with passport style photo of J

- US Birth Certificate of S

- Marriage Certificate

- Foreign Birth Certificate of J

- Evidence of Bona Fide marriage (photos, our story, joint bank account statement, etc)

I-485 Package

- Form I-485 filed by J

- A check for the amount of $1070.00 to cover the filing fee

- Foreign Birth Cartificate of J

- All pages of J's passport

- Two additional passport-style photos of J

- Form G-325A filed by J

- Sealed form I-693

- Form I-864 filed by S

- S's most recent (2015) tax return

- Transcript of S's 2015 Tax Return from the IRS

- 6 months worth of paystubs of S

- I-131 filed by S (or by J? Not sure. Please answer)

- I-765 filed by S (or by J? Not sure. Please answer)

All together it sounds like I will need 4 passport-style photos of J and 1 of S.

Edited December 14, 2016 by OvernightSiren

[A'n'L 735]

You need 7 total photos of J (1 for i130, two for each of the other applications). I131 and I765 is both to be filed by the intending immigrant (J).

You do not need both tax return and tax transcript, transcript is best.

You need copies of his passport biographical page and I94 print-out for i485, i131 and i765.

[f f 725]

I believe you need another copy of the marriage certificate for the i485. they will not let one certificate be used for both. also the fees are going up for the forms so make sure it gets to uscis before the rates go up. overnighting it there is much cheaper than the fee increase.

good luck

[WI_CA 51]

OvernightSiren

You can compare aganist my checklist posted in this thread

http://www.visajourney.com/forums/topic/619302-aos-checklist-j1-visa-after-waiver/

Also, regarding the photos, I needed 5 pics (1 for I-130, 2 for I-485, 2 for EAD) of myself and 1 of my spouse - US citizen.

The I-131 instructions mention that somebody who is inside the US and is applying for AP doesn't have to attach pics, which I didn't

Best of luck

Edited December 14, 2016 by WI_CA

[Hypnos 6,576]

I94 print-out for i485, i131 and i765.

No I-94 on the VWP, which the OP mentions.

[Canerican 242]

What about I-693 for medical?

[f f 725]

No I-94 on the VWP, which the OP mentions.

you can still get an electronic i94 even if you entered as vwp.

also police certificates are needed.

[Hypnos 6,576]

you can still get an electronic i94 even if you entered as vwp.

I-94W for VWP entrants was dropped in 2010.

I don't believe I-94s are issued to people entering under the VWP in most circumstances anymore.

Printing out a copy of their ESTA authorisation in lieu of an I-94 is the generally recommended advice when adjusting from the VWP.

[OvernightSiren 2]

I believe you need another copy of the marriage certificate for the i485. they will not let one certificate be used for both. also the fees are going up for the forms so make sure it gets to uscis before the rates go up. overnighting it there is much cheaper than the fee increase.

good luck

Is there a different address I should send to if I'm overnighting to the Chicago office? (I live in NJ)

[f f 725]

since you are filing concurrently look on the i485 instructions and it tells you the address. all concurrent applications are sent to the same place.

[EM_Vandaveer 2,408]

you can still get an electronic i94 even if you entered as vwp.

also police certificates are needed.

No police certificates are needed for in-country AOS (assuming that the applicant doesn't have a criminal record).

[Cadence 20]

Evidence of Bona Fide marriage (photos, our story, joint bank account statement, etc)

You said "etc" so just wanted to chime in with a personal experience for your benefit.

My interviewing officer cared very much for this and said this was the bread and butter of the I-130 petition. What documentation do you have that has both your names on it? The stories and photos are nice (especially if the photos are over a wide time frame and are not just selfies of you two), but they won't cut it. Neither will just a bank statement, no matter how long the account has had both your names on it, etc. If you can add in any joint bills, joint leases, etc, it'll be better for you. Pad out as much as you can on this end.

[EM_Vandaveer 2,408]

I-94W for VWP entrants was dropped in 2010.

I don't believe I-94s are issued to people entering under the VWP in most circumstances anymore.

Printing out a copy of their ESTA authorisation in lieu of an I-94 is the generally recommended advice when adjusting from the VWP.

Also a copy of their passport stamp. Which is included, if they are sending a copy of all pages of the applicant's passport.

You said "etc" so just wanted to chime in with a personal experience for your benefit.

My interviewing officer cared very much for this and said this was the bread and butter of the I-130 petition. What documentation do you have that has both your names on it? The stories and photos are nice (especially if the photos are over a wide time frame and are not just selfies of you two), but they won't cut it. Neither will just a bank statement, no matter how long the account has had both your names on it, etc. If you can add in any joint bills, joint leases, etc, it'll be better for you. Pad out as much as you can on this end.

They'll have an interview, months after filing. They can bring more bank statements, more evidence in general to the interview.

What about I-693 for medical?

OP listed "- Sealed form I-693" as part of the I-485 packet.

[Cadence 20]

Also a copy of their passport stamp. Which is included, if they are sending a copy of all pages of the applicant's passport.

They'll have an interview, months after filing. They can bring more bank statements, more evidence in general to the interview.

It's what I did, and based on my personal experience I'm throwing it out there that if I were do it all over again, I'd front load the application instead of waiting for the interview to present more documentation. It definitely would have made the interview less intense for me, and I can't stress enough what the IO said to me about the joint documentation really being key to convincing them of a bona fide marriage.

[f f 725]

No police certificates are needed for in-country AOS (assuming that the applicant doesn't have a criminal record).

that's a fun loop hole get tourist visa 9 years ago commit crime and spend 5 years in jail then come to us and adjust without having get police report showing those crimes.

it just doesn't smell right to me.