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Posted

Hello, so little bit of background: I-130 has already been filed and approved by sibling-based petition, PD is current, and currently residing legally in the US, ready to file I-485. 

For I-485, does the beneficiary need to include any documents from US citizen sibling? ex. birth certificate, US passport, etc, even though I-130 was already approved?

Additionally, the beneficiary has family members but none of them are applying as derivative applicant. In this case, does the beneficiary have the burden of providing marriage status, family status of her own other than proving relationship with the petitioner as siblings? I know the more prepared, the better, but we might be facing a situation where those information may not be available by the time we submit for adjustment of status. Anybody has any experience?

I know we have a checklist for marriage-based adjustment of status, I wonder a checklist for sibling-based adjustment of status exists!

Posted

*~*~*moved from "bringing family members of USCs" to "AOS from work/study/tourist visas"*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: AOS (apr) Country: Uganda
Timeline
Posted
13 hours ago, Charmss said:

Hello, so little bit of background: I-130 has already been filed and approved by sibling-based petition, PD is current, and currently residing legally in the US, ready to file I-485. 

For I-485, does the beneficiary need to include any documents from US citizen sibling? ex. birth certificate, US passport, etc, even though I-130 was already approved?

Additionally, the beneficiary has family members but none of them are applying as derivative applicant. In this case, does the beneficiary have the burden of providing marriage status, family status of her own other than proving relationship with the petitioner as siblings? I know the more prepared, the better, but we might be facing a situation where those information may not be available by the time we submit for adjustment of status. Anybody has any experience?

I know we have a checklist for marriage-based adjustment of status, I wonder a checklist for sibling-based adjustment of status exists!

A copy of i-130 approval should be enough to prove relationship with petitioner.

For the i-485 she will have to how she is in the US legally and has been legal since she last entered.

She also needs to include the other forms like i-131, i-765, i-864 and medical.

 

Why are her derivative relations not applying for AOS at the same time? do they have another route?

Posted (edited)
19 minutes ago, azblk said:

A copy of i-130 approval should be enough to prove relationship with petitioner.

For the i-485 she will have to how she is in the US legally and has been legal since she last entered.

She also needs to include the other forms like i-131, i-765, i-864 and medical.

 

Why are her derivative relations not applying for AOS at the same time? do they have another route?

Thank you so much for the info! So they are aged out, deceased, etc...so just one person.

So your answer means "No you do not need US passport of petitioner or proof with documents for family relationship with 797 approval notice." Yes? 

 

Also...can we just list beneficiary's children and spouse on 485 but not include any family tree information to prove relationship with people we listed right? since they are not benefited from the immigration? 

Edited by Charmss
Filed: AOS (apr) Country: Uganda
Timeline
Posted
2 minutes ago, Charmss said:

Thank you so much for the info! So they are aged out, deceased, etc...so just one person.

So your answer means "No you do not need US passport of petitioner or proof with documents for family relationship with 797 approval notice." Yes? 

 

Also...can we just list beneficiary's children and spouse on 485 but not include any family tree information to prove relationship with people we listed right? since they are not benefited from the immigration? 

Yes you dont need to include copy of passport etc as these were already provided and adjudicated during the i-130 process.

Yes you HAVE to list her children and husband on the i-485. You do not have to provide anything proving the relationship to beneficiary as you said they were not applying as derivatives .

Posted (edited)
5 minutes ago, azblk said:

Yes you dont need to include copy of passport etc as these were already provided and adjudicated during the i-130 process.

Yes you HAVE to list her children and husband on the i-485. You do not have to provide anything proving the relationship to beneficiary as you said they were not applying as derivatives .

Perfect! This information is so valuable to me. Thank you so very much!

Edited by Charmss
 
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