Submitting I-130/485 AOS a second time

[SteveE 25]

@ScottishTom

 

I called that 800 number and entered my information and it returned nothing (which is good news). I did however wait until after we had filed for AOS (again a little paranoia at play no doubt).

 

I would recommend that in this current climate regarding immigration you file ASAP.

 

If chose to self file, there is plenty of help available on forums such as this. Be thorough and double check and triple check before you file. 

 

Make sure you pay the correct current fees, double and triple check for confirmation if you have the slightest doubt.

 

Where applicable I would recommend using color photocopies for clarity (such as passport pages etc...).

 

Make sure ALL the forms you file are current and not out of date.

 

Each form on the USCIS site has an accompanying PDF that can be downloaded with instructions. I highly recommend printing a hard copy for reference.

 

Make exact copies of everything you file with AOS and keep them for your records. This will help you verify any answers you gave to specific questions and what evidence you included etc...

 

When we filed, we enclosed each form in it's own manilla envelop and on the outside of that envelope wrote my name, Alien registration # and an itemized list of the contents.

 

NEVER, NEVER lie during the process. Always be forthcoming and tell the truth.

 

AOS via marriage to a USC is perfectly legal, unlawful presence and work are forgiven. 

 

Major issues can arise from not entering with inspection, having a prior deportation order, a criminal record, using someone else's identity, fake SSN etc...

[ScottishTom 2]

On 8/11/2018 at 11:20 AM, Hypnos said:

Call the EOIR automated hotline at 1-800-898-7180. 

 

1 hour ago, Damara said:

There is NO RISK calling the number.

 

Ok, so I just nervously called the number.  I entered my A number and was given the following message

 

'The A number did not match a recording in the system or has not been filed with an immigration court'

 

I'm hoping im not misunderstanding the message, thinking that that means there has been no deportation hearings scheduled against me, and I am good to continue the AOS application?

[SteveE 25]

1 minute ago, ScottishTom said:

 

Ok, so I just nervously called the number.  I entered my A number and was given the following message

 

'The A number did not match a recording in the system or has not been filed with an immigration court'

 

I'm hoping im not misunderstanding the message, thinking that that means there has been no deportation hearings scheduled against me, and I am good to continue the AOS application?

That means that they have no record of a deportation order for that Alien Registration #. I myself didn't understand the caveat of "or has not been filed with an immigration court".

 

I myself took that to mean there was no prior deportation order issued against me.

 

To be honest, deportation order or not at some point you need to proceed with AOS. If you happened to have a deportation order issued against you, it makes things complicated but not impossible.

 

If you don't file you will be perpetually in a state of being out of status. Immigration policies are not going to get any more forgiving at this moment in time and enforcement is obviously becoming stricter and more widespread.

 

That is of course just my opinion.

[ScottishTom 2]

3 hours ago, SteveE said:

That means that they have no record of a deportation order for that Alien Registration #. I myself didn't understand the caveat of "or has not been filed with an immigration court".

 

I myself took that to mean there was no prior deportation order issued against me.

 

To be honest, deportation order or not at some point you need to proceed with AOS. If you happened to have a deportation order issued against you, it makes things complicated but not impossible.

 

If you don't file you will be perpetually in a state of being out of status. Immigration policies are not going to get any more forgiving at this moment in time and enforcement is obviously becoming stricter and more widespread.

 

That is of course just my opinion.

I think this is what I am taking it to mean also!  It correlates with the fact I haven't heard anything to the contrary either!

 

And we will most definitely be filing the AOS regardless, as we dont want to continue with me being out of status.  If something bad happens where we cant be here because of my status, then we will move somewhere else.  So we will definitely be filing, which was part of me coming here to see if anyone had any advice!  So thank you, your opinion is always very welcome!

[Villanelle 4,122]

You guys are correct. Thats exactly what the recording means. Start putting together your packet and get it mailed ASAP.

[ScottishTom 2]

Thank you all for answering!  I'm preparing documents as we speak in the build up to the marriage, and will complete post marriage for the documents we required after the big day.

 

I'm not sure if anyone can answer these couple of questions, but I am unsure what to put on the I-130 in particular.  They might however, be questions for a lawyer during a consultation.

 

1 - Part 3 question 10 says 'Has anyone else ever filed a petition for the beneficiary? - I assume I would answer yes? I would I put no, knowing the the petition filed was never completed?

2 - I have both an A Number, and a SSN - however, they were both gained from the previous filing, that wasn't successful.  Would I still include both of these numbers? or leave them blank, as again they were gained from a previously unsuccessful application?

3 - During my previous application, I did all of the biometric scans, and the paperwork to show I visited the practitioner and was given the all clear.  Would I need to go through the process for both of these again? (I dont really want the shots again if I can avoid it), or is there another way to do things seeing as I have done them before?

 

I know you may not be able to answer any of these with any certainty, but I wanted to ask in case!

 

 

[SteveE 25]

5 hours ago, ScottishTom said:

Thank you all for answering!  I'm preparing documents as we speak in the build up to the marriage, and will complete post marriage for the documents we required after the big day.

 

I'm not sure if anyone can answer these couple of questions, but I am unsure what to put on the I-130 in particular.  They might however, be questions for a lawyer during a consultation.

 

1 - Part 3 question 10 says 'Has anyone else ever filed a petition for the beneficiary? - I assume I would answer yes? I would I put no, knowing the the petition filed was never completed?

2 - I have both an A Number, and a SSN - however, they were both gained from the previous filing, that wasn't successful.  Would I still include both of these numbers? or leave them blank, as again they were gained from a previously unsuccessful application?

3 - During my previous application, I did all of the biometric scans, and the paperwork to show I visited the practitioner and was given the all clear.  Would I need to go through the process for both of these again? (I dont really want the shots again if I can avoid it), or is there another way to do things seeing as I have done them before?

 

I know you may not be able to answer any of these with any certainty, but I wanted to ask in case!

 

 

1: You did have a petition filed for you in the past.

 

2: A SSN stays with you for life and it will remain the same. Your A number will most probably stay the same (mine did) and regardless you need to include it wherever asked for on the paperwork you fill out. Your A file contains ALL your immigration history and obviously they have access to all the information you previously gave them.

 

3: You will need to complete the biometric information again and you will need to complete the medical again. You will need any vaccinations that are required that you are not current on. If you have a current Dr and have had any vaccinations that are required you can request a vaccination record from them and present it to the civil surgeon that is doing your medical for USCIS. I got a list of the vaccinations required ahead of my visit to the civil surgeon and had my own Dr administer them and provide me with a vaccination record which I gave to the civil surgeon when I went for my medical. I had health insurance through my wife and the vaccinations were all 0 cost under our insurance plan.

[ScottishTom 2]

17 hours ago, SteveE said:

1: You did have a petition filed for you in the past.

 

2: A SSN stays with you for life and it will remain the same. Your A number will most probably stay the same (mine did) and regardless you need to include it wherever asked for on the paperwork you fill out. Your A file contains ALL your immigration history and obviously they have access to all the information you previously gave them.

 

3: You will need to complete the biometric information again and you will need to complete the medical again. You will need any vaccinations that are required that you are not current on. If you have a current Dr and have had any vaccinations that are required you can request a vaccination record from them and present it to the civil surgeon that is doing your medical for USCIS. I got a list of the vaccinations required ahead of my visit to the civil surgeon and had my own Dr administer them and provide me with a vaccination record which I gave to the civil surgeon when I went for my medical. I had health insurance through my wife and the vaccinations were all 0 cost under our insurance plan.

Thank you for the answers, very helpful!

 

I didn't realize I had to keep up with my vaccinations once I had them here. It's a bit different back home I think. I will to to my current DR and have them give me the full list of vaccinations again, and take the vaccination record to the civil surgeon just to be safe!

 

Do you still have the list of the vaccinations needed? hopefully my Dr will be able to do them for $0 too!

 

 

[SteveE 25]

8 minutes ago, ScottishTom said:

Thank you for the answers, very helpful!

 

I didn't realize I had to keep up with my vaccinations once I had them here. It's a bit different back home I think. I will to to my current DR and have them give me the full list of vaccinations again, and take the vaccination record to the civil surgeon just to be safe!

 

Do you still have the list of the vaccinations needed? hopefully my Dr will be able to do them for $0 too!

 

The vaccinations have to be current for your medical for AOS, not for any other reason.

 

You should be able to get a list of the required vaccinations either by googling it or maybe downloading the medical form which should have them on it.

 

You should also shop around for a civil surgeon from the available ones as the cost can differ greatly between them.

 

[ScottishTom 2]

Hi all, 

 

Sorry to dredge this thread up again, but I have a question with he I-485 relating to my case.

 

Part 3, Question 1 is: Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?

 

Having submitted an old 130/application that was never finished, would this count as a yes? Or does this only apply if I actually went with a purpose of gaining an immigrant visa (I never have, I arrived on VWP, which was done online).

 

 

 

 

[TM92 527]

1 hour ago, ScottishTom said:

Part 3, Question 1 is: Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?

The answer is "No" because you never submitted an Application for Immigrant Visa and Alien Registration (Form DS-260):

On 8/10/2018 at 1:59 PM, ScottishTom said:

After we married we worked with a lawyer to assemble our AOS I-130/I-485 package. We submitted and everything accepted, I received my Employment Auth Documents and quickly found a job and began to work. We received our interview letter which was set for 3 months later, almost exactly a year after we submitted.