Concurrent filing questions!

[AussieGuy12 23]

Hi All,

I am recently married and now in the process of the AOS (From F-1). I have some questions below, any help would be great!

 

i-485

1. Part 1 - Q16 -
   1. Travel Document? Is this left blank or is this my Sevis?
2. Park 1 - Q20A
   1. I entered in Toronto - So should I leave the state blank?
3. Part 2 - Q2
   1. INA Section 245 - I would say "no" since I entered legally?
4. Part 2 - Q3
   1. "Receipt Number of Underlying position" - Is this only if not filing together with a i-130?

 

I-864

1. Part 4 - Q5 -
   1. Country of Domicile - is this the USA?
2. Part 6 - Q2
   1. Annual income - is this as of now? or is this as of the last W2?
      1. My spouse received a small up in pay, so not sure what to put here?
3. Part 6 - Q3
   1. Do I put my income, or wont need to, since my Spouse income is 60k - 125% of rate.

 

I-765

1. Part 1 (I am currently on OPT with an EAD)
   1. "Permission to accept employment" or "Renewal of my previous application to accept employment"?

 

Misc

1. I have tried to complete online, but I have parts of the forms, that wont let me type in...Can I just write those in with a black pen? or should it be all typed?

 

I think that is all at this stage, thank you for your assistance.

[TM92 527]

For the I-765: Even if you already have an EAD based on OPT, make sure to select "Initial application".

I-485 (Part 1 - Q20A): How and where did you last enter the US?

I-485 (Part 2 - Q2): Select "no".

I-485 (Part 2 - Q3): Since I filed my I-485 concurrently with my petitioner's I-130, I answered "N/A" for this question.

Misc: I also had trouble filling the whole form on the computer, so I filled the missing parts with a black pen.

 

Also: Are you also applying for Advance Parole? It's usually recommended so that your AOS application isn't considered abandoned if you leave the US for any reason. And it's free to apply like the I-765.

[AussieGuy12 23]

1 hour ago, TM92 said:

For the I-765: Even if you already have an EAD based on OPT, make sure to select "Initial application". So is this Permission to Accept or renew of permission to accept employment? It seems by your answer it is Permission to accept. But I already have one? 

I-485 (Part 1 - Q20A): How and where did you last enter the US? I did POE in Toronto - So its not a state of the USA

I-485 (Part 2 - Q2): Select "no". Thank you

I-485 (Part 2 - Q3): Since I filed my I-485 concurrently with my petitioner's I-130, I answered "N/A" for this question. Thank you

Misc: I also had trouble filling the whole form on the computer, so I filled the missing parts with a black pen. Thank you

 

Also: Are you also applying for Advance Parole? It's usually recommended so that your AOS application isn't considered abandoned if you leave the US for any reason. And it's free to apply like the I-765. Yes I did. I am doing Concurrent, so I did 131/765 too. I did multiple entrances, as it may change, but is it ok if I do not have reasons yet?

 

[TM92 527]

1. Yes, "Permission to Accept". See on USCIS website: https://my.uscis.gov/helpcenter/article/what-is-an-initial-ead-application. Your OPT EAD category is either (c)(3)(A), (c)(3)(B), or (c)(3)(C). Your AOS EAD category will be (c)(9).
2. Ok, so you entered through a Preclearance POE. I found this old thread with advice: Based on the advice, if you passed Preclearance at Toronto and flew to JFK (for example), you either put Toronto/New York City or YYZ/JFK. For the state, leave it blank (I guess).
3. For Advance Parole I also selected multiple trips. I don't think the reasons have to be specific; I put "To visit my father and my youngest brother and his family. Also to visit my late mother's final resting place." I also think the date of departure and length of trip does not necessarily need to be correct; I put depart on 12/22/2017 (tomorrow, LOL) for 17 days. I only applied for advance parole for "just in case", since currently I have no plan to travel abroad.

[TM92 527]

12 minutes ago, TM92 said:

Based on the advice, if you passed Preclearance at Toronto and flew to JFK (for example), you either put Toronto/New York City or YYZ/JFK. For the state, leave it blank (I guess).

Or just put Toronto, you won't get a RFE.

[geowrian 22,337]

21 hours ago, AussieGuy12 said:

• Part 4 - Q5 -
  1. Country of Domicile - is this the USA?
• Part 6 - Q2
  1. Annual income - is this as of now? or is this as of the last W2?
     1. My spouse received a small up in pay, so not sure what to put here?
• Part 6 - Q3
  1. Do I put my income, or wont need to, since my Spouse income is 60k - 125% of rate.

Since nobody picked up the I-864 items, I guess I'll cover that.

 

• P4 Q5: Yes, assuming you are living in the USA right now.
• P6 Q2: This is your current income you earn in a year. This does not have to match what you made last year, or even what you will make this year. It's how much you currently make in a year's time.
  • What exactly they will consider for meeting the I-864 income requirements may be different and is based on the supporting evidence provided. For instance, if the income includes business income, commissions/bonuses, tip, etc., then they look more closely at the income tax returns for evidence of these items. But if you are a wage earner, then the paystubs + employment letter are the primary source of evidence of your income (the ITR is still needed, though).
• P6 Q3: If the primary sponsor's income is sufficient by itself, then you do not need to include anybody else's income. At ~60k/year, I doubt there is an issue with fulfilling the requirements (barring something like ongoing and very large out of pocket medical expenses).

 

[AussieGuy12 23]

On 12/22/2017 at 1:28 PM, geowrian said:

Since nobody picked up the I-864 items, I guess I'll cover that.

 

•  
• P6 Q2: This is your current income you earn in a year. This does not have to match what you made last year, or even what you will make this year. It's how much you currently make in a year's time.
  • What exactly they will consider for meeting the I-864 income requirements may be different and is based on the supporting evidence provided. For instance, if the income includes business income, commissions/bonuses, tip, etc., then they look more closely at the income tax returns for evidence of these items. But if you are a wage earner, then the paystubs + employment letter are the primary source of evidence of your income (the ITR is still needed, though).
•  

Hi,

Thank you for your response.

So its best to take her most recent Pay stub and then match the YTD gross income to the one on P6, Question 2?

Then use her most recent tax returns to fill out P6, Q19a-b-c ?

 

I only ask, as I have seen a few  AOS, and it is on the 864, that they have a RFE.

Thank you

Edited December 25, 2017 by AussieGuy12

[geowrian 22,337]

3 hours ago, AussieGuy12 said:

So its best to take her most recent Pay stub and then match the YTD gross income to the one on P6, Question 2?

Then use her most recent tax returns to fill out P6, Q19a-b-c ?

It's hard to answer this as there's 2 views of that particular item here on VJ. Some say go by the current YTD and extrapolate. Others go by what will be earned over the following 12 month period from filing (from that source, in an ongoing manner).

Personally, I believe the latter (12 month period) is most appropriate as that is really your current annual income. For instance, somebody that that was unemployed the first 3 months of the year and then found a job that makes $30k/year would have a current income of $30k IMO (not the $22.5k the paystubs would show as earnings at the end of the year). I would note that this approach also means somebody who worked for 10 months making $50k/year and then got laid off would have a current income of $0 (assuming no UC).

As such, I normally suggest showing the last couple months of paychecks instead of just the most recent.

Again, this is my understanding of how they look at the I-864...there is an alternate view relying more on the Jan 1 - Dec. 31 earnings timeframe in which the YTD would be more relevant (although you would still extrapolate the end of year earnings).

 

Yes, P6 Q19 is based on the income tax return information.

 

3 hours ago, AussieGuy12 said:

I only ask, as I have seen a few  AOS, and it is on the 864, that they have a RFE.

Yup, the I-864 is, IMHO, the most technically complex piece of AOS.

[TM92 527]

On 12/21/2017 at 1:06 PM, AussieGuy12 said:

i-485

1. Part 1 - Q16 -
   1. Travel Document? Is this left blank or is this my Sevis?

I'm guessing just put "N/A", but I could be wrong. See https://www.uscis.gov/travel-documents: USCIS refers to Advance parole, Refugee travel document, Re-entry permit, and Carrier documentation as travel documents.