Concurrent filing of I-130 and I-485 from F-1 to GC, marriage based

silkroad2000 · February 19, 2017

Dear Friends,

I have put this cover letter and the documents to submit to USCIS. I am a student on F-1 and my wife is a US citizen. I would appreciate if you could check it out and let me know I am missing anything.

Thank you!

================================================================================

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

February 18, 2017

RE: I-130 Petition for an alien relative (spouse), I-485 Application to Register Permanent Residence or Adjust Status

Petitioner: XX

Relative: YY

Dear Sir/Madam,

This is the cover letter for the I-130/I-485 petition package. I, XX, am submitting on behalf of my husband, YY. I, XX, am a U.S. citizen petitioner, and YY is my spouse. The following documents accompany and support this petition: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), I-131 (Application for Travel Document).

Folder 1: I-130 (Petition for Alien Relative)

1. A check for the amount of $535.00 to cover the filing fee;

2. Form I-130 Petition for Alien Relative;

3. Form G-325A for the petitioner, with one photo attached;

4. Form G-325A for the beneficiary, with one photo attached;

5. Copy of petitioner’s U.S. birth certificate;

6. Copy of marriage certificate of petitioner and beneficiary;

7. Copy of Birth Certificate and translation of beneficiary;

8. Evidence of bona fide marriage:

a. Letter to verify a mutual savings account

b. Letter to verify joint investment account

c. Joint Insurance Statement

d. Mutual friend’s wedding invitation

e. Current Lease agreement apartment

f. Lease signed for next year 2017-2018

g. Mutual Flight Tickets

i. Flight e-ticket to visit New York in March

ii. Flight e-tickets from past trip to to visit family during Christmas 2016

iii. Flight e-ticket from past trip to to visit family in August 2016

h. Affidavits

i. Affidavit of ... (XX’s Sister)

ii. Affidavit of ... (XX’s Mother)

iii. Affidavit of ... (XX’s Father)

iv. Affidavit of ... (Mutual Friend)

i. Photos of XX and YY throughout relationship

Folder 2: I-485 Application To Register Permanent Residence Or Adjust Status

1. A check for the amount of $1225.0 to cover the filing fee;

2. Form I-130 I-485 Application To Register Permanent Residence Or Adjust Status

3. Form G-325A for the beneficiary (with one extra page attachment)

4. Copy of valid I-94 form

5. Current I-20 and copy of all the previous I-20s;

6. Two passport photos of the beneficiary;

7. Copy beneficiary’s F-1 visa and the entry stamp

8. Copy of beneficiary’s biographical page of the passport

9. Copy of Birth Certificate and translation of beneficiary;

10. Copy of marriage certificate of petitioner and beneficiary;

11. I-693 Vaccination Supplement (Completed by a Civil Surgeon sealed in an envelope)

Folder 3: I-864 Affidavit Of Support

1. Completed and signed form I-864;

2. Information about the Sponsor:

a. Copy of Sponsor’s birth certificate

b. Copy of Sponsor’s US passport

c. Sponsors Tax Transcripts for 2016;

d. Letter of Employment as a Teaching Assistant until 2019;

e. Investment account statement with the value of about 25,000$;

f. Copy of Paychecks of the petitioner for the past 6 months;

3. Information about the immigrant:

a. Immigrant’s Letter of enrolment in the PhD program in University of Illinois;

b. Current I-20 attached;

c. Paycheck information of the immigrant for the past 6 months;

d. Immigrants tax W-2 forms for 2016 and 2015;

e. Immigrant’s Job offer from ... Inc. with annual Salary of $120,000;

Folder 4: I-765 Application For Employment Document

1. Two passport photos of the beneficiary;

2. Form I-765 Application For Employment Document (signed and completed)

3. Copy of valid I-94 form

4. Copy beneficiary’s F1 visa

5. Copy of beneficiary’s biographical page of the passport

6. Current I-20 and copy of all the previous I-20s;

Folder 5: I-131 Application For Travel Document

1. Two passport photos of the beneficiary;

2. Form I-131 Application For Travel Document

3. Copy of valid I-94 form

4. Copy beneficiary’s F1 visa

5. Copy of beneficiary’s biographical page of the passport

6. Current I-20 and copy of all the previous I-20s;

If you have any questions or concerns, please call me at XX's phone number. Thank you for your prompt consideration of this package.

Sincerely,

XX

aleful · February 19, 2017

for the i864

no need of birth certificate or proof of citizenship, you are already sending it for the i130, you don't need 2016 taxes until after April 15th when tax season is over

so the most recent tax is 2015,

Ryan H · February 19, 2017

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

yhormishane · February 20, 2017

Thanks for sharing this information. So much needed

Nelly17 · March 10, 2017

A lot of K1 people who filed in January have received an RFE asking for their 2016 taxes so, you should send me with your application if possible.

silkroad2000 · April 10, 2017

Hi Everybody,

we got and RFIE on I-864. It asked for two items.

1. For the intended immigrants income to be included in the household income it must be from a lawful source. And they asked for its prood.

2. The complete tax return of the sponsor/petitioner for the most recent year.

This is the set of documents we had originally included in the I-864 form:

1. Completed and signed form I-864;

2. Form G-1145 e-Notification of Application/Petition Acceptance

3. Information about the Sponsor:

a. Copy of Sponsor’s birth certificate

b. Copy of Sponsor’s US passport

c. Sponsors Tax Transcripts for 2016;

d. Letter of Employment in University until 2019;

e. Investment account statement with the value of about 25,000$;

f. Copy of Paychecks of the petitioner for the past 6 months;

4. Information about the immigrant:

a. Immigrant’s Letter of enrollment in the PhD program;

b. Current I-20 attached;

c. Paycheck information of the immigrant for the past 6 months;

d. Immigrants tax W-2 forms for 2016 and 2015;

e. Immigrant’s Job offer from XXXXX

I sent the following documents:

1. Evidence to show that the intended Immigrant was authorized to work

Documents attached:

a. Copy of valid I-94 form;

b. Copy beneficiary’s F-1 visa and the entry stamp;

c. Copy of Current I-20;

d. Immigrant’s Letter of enrolment in the PhD program in University;

e. Beneficiary’s W-2 form for 2015

f. Beneficiary’s W-2 form for 2016

g. Beneficiary’s Form 1040 for 2015

h. Beneficiary’s Form 1040 for 2016

2. Petitioner’s Complete Federal Income Tax return

Documents attached:

a. Petitioner’s W-2 Form for 2016

b. Petitioner’s W-2 Form for 2015

c. Petitioner’s Form 1040A for 2016

d. Petitioner’s Form 1040EZ for year 2015

My Questions:

1. I think the reason they asked for the tax documents of the most recent year is because the 2016 tax season has not ended yet and the most recent tax year is 2015. So I sent 2015's tax documents as well. But do we have to also resubmit a new I-864 form? Since the income was different in 2015 than 2016 and hence the numbers in I-864 would be also different?

2. Are the documents that I have included, the correct response to the above request?

3. If these documents are the correct set, will they deny our case or will they just send us another letter and want the missing documents?

4. Does this process delay EAD time? as I am waiting to get EAD and start my job.

Best,

Nelly17 · April 14, 2017

On 2/19/2017 at 1:12 AM, silkroad2000 said:

Dear Friends,

I have put this cover letter and the documents to submit to USCIS. I am a student on F-1 and my wife is a US citizen. I would appreciate if you could check it out and let me know I am missing anything.

Thank you!

================================================================================

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

            February 18, 2017

RE:      I-130 Petition for an alien relative (spouse), I-485 Application to Register Permanent Residence or Adjust Status

Petitioner:     XX

            Relative:        YY

Dear Sir/Madam,

This is the cover letter for the I-130/I-485 petition package. I, XX, am submitting on behalf of my husband, YY. I, XX, am a U.S. citizen petitioner, and YY is my spouse. The following documents accompany and support this petition: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), I-131 (Application for Travel Document).

Folder 1: I-130 (Petition for Alien Relative)

1.     A check for the amount of $535.00 to cover the filing fee;

2.     Form I-130 Petition for Alien Relative;

3.     Form G-325A for the petitioner, with one photo attached;

4.     Form G-325A for the beneficiary, with one photo attached;

5.     Copy of petitioner’s U.S. birth certificate;

6.     Copy of marriage certificate of petitioner and beneficiary;

7.     Copy of Birth Certificate and translation of beneficiary;

8.     Evidence of bona fide marriage:

a.     Letter to verify a mutual savings account

b.     Letter to verify joint investment account

c.     Joint Insurance Statement

d.     Mutual friend’s wedding invitation

e.     Current Lease agreement apartment

f.      Lease signed for next year 2017-2018

g.     Mutual Flight Tickets

                                               i.     Flight e-ticket to visit New York in March

                                             ii.     Flight e-tickets from past trip to to visit family during Christmas 2016

                                            iii.     Flight e-ticket from past trip to to visit family in August 2016

h.     Affidavits

                                               i.     Affidavit of ... (XX’s Sister)

                                             ii.     Affidavit of ... (XX’s Mother)

                                            iii.     Affidavit of ... (XX’s Father)

                                            iv.     Affidavit of ... (Mutual Friend)

i.      Photos of XX and YY throughout relationship

Folder 2: I-485 Application To Register Permanent Residence Or Adjust Status

1.     A check for the amount of $1225.0 to cover the filing fee;

2.     Form I-130 I-485 Application To Register Permanent Residence Or Adjust Status

3.     Form G-325A for the beneficiary (with one extra page attachment)

4.     Copy of valid I-94 form

5.     Current I-20 and copy of all the previous I-20s;

6.     Two passport photos of the beneficiary;

7.     Copy beneficiary’s F-1 visa and the entry stamp

8.     Copy of beneficiary’s biographical page of the passport

9.     Copy of Birth Certificate and translation of beneficiary;

10. Copy of marriage certificate of petitioner and beneficiary;

11.   I-693 Vaccination Supplement (Completed by a Civil Surgeon sealed in an envelope)

Folder 3: I-864 Affidavit Of Support

1.     Completed and signed form I-864;

2.     Information about the Sponsor:

a.     Copy of Sponsor’s birth certificate

b.     Copy of Sponsor’s US passport

c.     Sponsors Tax Transcripts for 2016;

d.     Letter of Employment as a Teaching Assistant until 2019;

e.     Investment account statement with the value of about 25,000$;

f.      Copy of Paychecks of the petitioner for the past 6 months;

3.     Information about the immigrant:

a.     Immigrant’s Letter of enrolment in the PhD program in University of Illinois;

b.     Current I-20 attached;

c.     Paycheck information of the immigrant for the past 6 months;

d.     Immigrants tax W-2 forms for 2016 and 2015;

e.     Immigrant’s Job offer from ... Inc. with annual Salary of $120,000;

Folder 4: I-765 Application For Employment Document

1.     Two passport photos of the beneficiary;

2.     Form I-765 Application For Employment Document (signed and completed)

3.     Copy of valid I-94 form

4.     Copy beneficiary’s F1 visa

5.     Copy of beneficiary’s biographical page of the passport

6.     Current I-20 and copy of all the previous I-20s;

Folder 5: I-131 Application For Travel Document

1.     Two passport photos of the beneficiary;

2.     Form I-131 Application For Travel Document

3.     Copy of valid I-94 form

4.     Copy beneficiary’s F1 visa

5.     Copy of beneficiary’s biographical page of the passport

6.     Current I-20 and copy of all the previous I-20s;

If you have any questions or concerns, please call me at XX's phone number. Thank you for your prompt consideration of this package.

Sincerely,

XX

-You only need to send a max of 30 pics. 400 is wayyy to much.

- They dont need your transcripts (folder 2 6 )

-They dont need your I20s either (folder 2 6 7)

-You need a G325 for both petitioner and beneficiary (folder 2)

- (Folder 1) 1 ID pic for beneficiary and 1 ID pic for petitioner - attached with a paper clip to Form I-130 (not g325) and signed

- if you have any previous EAD for OPT submit that in folder 6- (front and back copy)

- I am not sure that the "info about immigrant" section is needed although you might want to put your offer letter in the I765 folder

you cant sponsor yourself so they dont need all that info unless it is to prove the amount listed on your joint tax but even then you only need the W2

*** Just noticed this was an old post

Edited April 14, 2017 by Nelly17

Nelly17 · April 14, 2017

On 4/10/2017 at 9:46 AM, silkroad2000 said:

Hi Everybody,

we got and RFIE on I-864. It asked for two items.

1. For the intended immigrants income to be included in the household income it must be from a lawful source. And they asked for its prood.

2. The complete tax return of the sponsor/petitioner for the most recent year.

This is the set of documents we had originally included in the I-864 form:

1.     Completed and signed form I-864;

2.     Form G-1145 e-Notification of Application/Petition Acceptance

3.     Information about the Sponsor:

a.     Copy of Sponsor’s birth certificate

b.     Copy of Sponsor’s US passport

c.     Sponsors Tax Transcripts for 2016;

d.     Letter of Employment in University until 2019;

e.     Investment account statement with the value of about 25,000$;

f.      Copy of Paychecks of the petitioner for the past 6 months;

4.     Information about the immigrant:

a.     Immigrant’s Letter of enrollment in the PhD program;

b.     Current I-20 attached;

c.     Paycheck information of the immigrant for the past 6 months;

d.     Immigrants tax W-2 forms for 2016 and 2015;

e.     Immigrant’s Job offer from XXXXX

I sent the following documents:

1.     Evidence to show that the intended Immigrant was authorized to work

Documents attached:

a.     Copy of valid I-94 form;

b.     Copy beneficiary’s F-1 visa and the entry stamp;

c.     Copy of Current I-20;

d.     Immigrant’s Letter of enrolment in the PhD program in University;

e.     Beneficiary’s W-2 form for 2015

f.      Beneficiary’s W-2 form for 2016

g.     Beneficiary’s Form 1040 for 2015

h.     Beneficiary’s Form 1040 for 2016

2.     Petitioner’s Complete Federal Income Tax return

Documents attached:

a.     Petitioner’s W-2 Form for 2016

b.     Petitioner’s W-2 Form for 2015

c.     Petitioner’s Form 1040A for 2016

d.     Petitioner’s Form 1040EZ for year 2015

My Questions:

1. I think the reason they asked for the tax documents of the most recent year is because the 2016 tax season has not ended yet and the most recent tax year is 2015. So I sent 2015's tax documents as well. But do we have to also resubmit a new I-864 form? Since the income was different in 2015 than 2016 and hence the numbers in I-864 would be also different?

2. Are the documents that I have included, the correct response to the above request?

3. If these documents are the correct set, will they deny our case or will they just send us another letter and want the missing documents?

4. Does this process delay EAD time? as I am waiting to get EAD and start my job.

Best,

your i864 should be based off of your 2016 tax return so if you were using the numbers for 2015 then yes you have to resubmit a new form. If they need more info, they will send an rfe most likely.

Edited April 14, 2017 by Nelly17

Suss&Camm · April 17, 2017

On 3/10/2017 at 4:43 PM, Nelly17 said:

A lot of K1 people who filed in January have received an RFE asking for their 2016 taxes so, you should send me with your application if possible.

made me laugh!!

I'll make sure to apply adequate postage to you.

Nelly17 · April 17, 2017

6 hours ago, Suss&Camm said:

made me laugh!!

I'll make sure to apply adequate postage to you.

Send them *** haha typo 😂

ElliBlue · April 21, 2017

Hi,

Is your sponsor's (your US citizen wife) income greater than 125% of the poverty guideline requirement? I'm an F-1 visa holder and my husband is a US citizen. Reading the I-864 instructions it doesnt seem like I need to inlcude my own income info and documents.

We're sending ours next week so I would appreciate any info. Thanks!

Elli

silkroad2000 · April 24, 2017

On 4/21/2017 at 11:24 AM, ElliBlue said:

Hi,

Is your sponsor's (your US citizen wife) income greater than 125% of the poverty guideline requirement? I'm an F-1 visa holder and my husband is a US citizen. Reading the I-864 instructions it doesnt seem like I need to inlcude my own income info and documents.

We're sending ours next week so I would appreciate any info. Thanks!

Elli

No, Her salary is $500 less than 125% of the poverty guideline requirement. That is why we included $25000 cash savings and my income as well.

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Concurrent filing of I-130 and I-485 from F-1 to GC, marriage based

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