AOS from F-1 to greencard through marriage

[josg 1]

Hi All,

 

This forum has helped me so much in my concurrent filing of I-485 and I-130. Thus, I wanted to post my experience and keep you all updated on my status fo application. 

 

I came to the US on F-1 visa in 2016 and is currently working full-time on the student - CPT. I got married to a US citizen, and am applying for my Green Card through marriage. Thus, for my case, all the documents I submitted are as per below: 

 

Concurrent filing - filing of forms I-30, I-130A, I-485, I-864, I-765, and I-131.

 

Form I-130

Included in the pack are:

-       A cheque for USD 535.00 – Filing fee for Form I-130

-       2 passport style photos of the petitioner (in a plastic bag, attached with form)

-       Form G-1145 for e-notification

-       Form I-130 – completed and signed.

-       Copy of petitioner’s passport biography page

-       Copy of petitioner’s social security card (front & back)

-       Copy of petitioner’s driver’s license

-       Copy of petitioner’s birth certificate

-       Copy of petitioner’s previous marriage decree of dissolution

 

Form I-130A

Included in the pack are:

-       2 passport style photos of the Spouse Beneficiary  (in a plastic bag, attached with form)

-       Form I-130A – completed and signed.

-       Copy of Spouse beneficiary’s passport biography page and back page.

-       Copy of Spouse beneficiary’s passport page with F1-visa stamp.

-       Copy of Spouse beneficiary’s passport page with latest arrival stamp from the department of homeland security. 

-       Copy of Spouse beneficiary’s birth certificate.

-       Copy of Spouse beneficiary’s most recent I-94

-       Copy of Spouse beneficiary’s most recent I-94 travel history page.

-       Copy of Spouse beneficiary’s Social Security Card.

 

Evidence of Bona Fide Marriage:

-       Certified Copy of Marriage License/Certificate between Petitioner and Spouse Beneficiary.

-       Copy of (Spouse beneficiary’s) retirement investment plan beneficiary with spouse (petitioner) having 100% benefit allocation. 

-       Copy of Petitioner’s retirement beneficiary summary showing spouse (Spouse beneficiary/Applicant) as 100% beneficiary.

-       Copy of pregnancy related medical test report – we are expecting our first baby together, due in Sep 2019.

- Selected photos of us that document our relationship.

 

Form I-485

Included in the pack are:

-       A cheque for USD 1,225.00 – Filing Fee for Form I-485 and biometrics.

-       2 passport style photos of the Spouse Beneficiary  (in a plastic bag, attached with form)

-       Form G-1145 for e-notification

-       Form I-485 – completed and signed.

-       Certified copy of marriage license/certificate between applicant and spouse who is a U.S.Citizen,

-       Copy of applicant’s passport biography and last page.

-       Copy of applicant’s passport page with F1-visa stamp.

-       Copy of applicant’s passport page with latest arrival stamp from department of homeland security. 

-       Copy of applicant’s birth certificate.

-       Copy of applicant’s most recent I-94

-       Copy of applicant’s most recent I-94 travel history page.

-       Copy of applicant’s social security card.

-       Copy of applicant’s most recent and past I-20s issued, with current and all past OPT and CPT approvals. Applicant is currently employed based on CPT approval.

 

Form I-864

Included in the pack are:

-       Form I-864 – Completed and signed.

-       Copy of petitioner’s passport biography page

-       Copy of petitioner’s social security card (front & back)

-       Copy of petitioner’s driver’s license

-       Copy of petitioner’s birth certificate

-       Copy of petitioner’s 2018 Federal and State tax return

-       Copy of petitioner’s 2017 Federal and State tax return

-       Copy of petitioner’s 2016 Federal and State tax return

-       Copy of petitioner’s 2018 W-2

-       Copy of petitioner’s 2017 W-2 – from two different employers.

-       Copy of petitioner’s 2016 W-2

-       Copy of beneficiary’s 2018 federal tax return – employed under Student-CPT

-       Copy of beneficiary’s 2017 federal tax return – employed under Student-CPT 

 

Form I-765

Included in the pack are:

-       2 passport style photos of the applicant (in a plastic bag, attached with form)

-       Form G-1145 for e-notification

-       Form I-765 – completed and signed.

-       Copy of applicant’s passport biography and last page.

-       Copy of applicant’s passport page with F1-visa stamp.

-       Copy of applicant’s passport page with latest arrival stamp from department of homeland security. 

-       Copy of applicant’s most recent I-94

-       Copy of applicant’s most recent I-94 travel history page.

-       Copy of applicant’s social security card.

-       Copy of applicant’s birth certificate.

-       Copy of applicant’s previously issued EAD card – under OPT.

-       Copy of applicant’s previous EAD card’s approval notice from department of homeland security.

-       Copy of applicant’s most recent I-20 issued, with current and all past OPT and CPT approvals. Applicant is currently employed based on CPT approval.

 

Form I-131 

Included in the pack are:

-       2 passport style photos of the applicant (in a plastic bag, attached with form)

-       Form G-1145 for e-notification

-       Form I-131 – completed and signed.

-       Explanation for eligibility on a separate sheet (signed and dated)

-       Copy of applicant’s passport biography and last page.

-       Copy of applicant’s most recent I-94

-       Copy of applicant’s most recent I-94 travel history page.

-       Copy of applicant’s social security card.

 

 

Hoepfully, I get my EAD soon. I have already taken the Immigration Physical, but since I am pregnant at the moment, there is a vaccination shot I can't take. Hence, I didn't include my Immigration Physical in this application pack. I will be sending it over at a later time after getting the initial notification. My Immigration physical cost me around USD 450/- and it is not covered by insurance. I also used CitizenPath website to get my I-485 and I-30 forms completion, which cost me around USD 195 (approx). 

 

 

Married on                                                       07 May 2019 

Posted application on                                    31 May 2019 

USPS tracking status - delivered                  03 Jun 2019   

 

 

[arken 4,197]

My only comment on i864 because beneficiary’s tax return was included in the package.

 

Is beneficiary’s income added to the petitioner’s for total annual income?

[josg 1]

@arken It wasn't included in the Petitioner's total annual income, but it was included in the total household income - for 2 pax. Although my husband's annual salary  (he is an attorney) itself is 125% higher than the Poverty income level, I thought I will include my tax returns since I mentioned it as household income. 

[arken 4,197]

11 minutes ago, josg said:

@arken It wasn't included in the Petitioner's total annual income, but it was included in the total household income - for 2 pax. Although my husband's annual salary  (he is an attorney) itself is 125% higher than the Poverty income level, I thought I will include my tax returns since I mentioned it as household income. 

So it was included for total household income. I hope you provided a letter from your current employer that your employment will continue after you obtain your GC. You may get an RFE for that if not submitted, plus may also recieve RFE for income evidences like latest paystubs.. 

Just a hunch that your spouse is not an immigration attorney.

 

Goood luck.

Edited June 3, 2019 by arken

[eckoin 211]

1 hour ago, arken said:

So it was included for total household income. I hope you provided a letter from your current employer that your employment will continue after you obtain your GC. You may get an RFE for that if not submitted, plus may also recieve RFE for income evidences like latest paystubs.. 

Just a hunch that your spouse is not an immigration attorney.

 

Goood luck.

OP, I'd exclude your income, since your husband makes enough. First, OPT and CPT income, from what I've seen, is not accepted as a valid income type for the purposes of the affidavit. Second, if you're including your income, you need to show proof that it will continue after you become a permanent resident--and again, they might send an RFE out of confusion, since they don't like OPT/CPT income. 

 

Just exclude all of your income. You didn't even file taxes jointly, so there's no reason to complicate matters. 

[eckoin 211]

By the way, don't send the medical in, if you're not sendig it with the main application. Just increases the chances that it's lost along the way. Bring it with you to the interview. 

 

EAD currently estimates at 6.5-8.5 months.

 

I'd include more evidence of bona fide marriage... You live together, right? Joint bills, joint accounts, joint assets, insurance, etc. Even copies of drivers licences to show that you live at the same address. I'd say your evidence as is, is relatively lacking. 

[arken 4,197]

17 minutes ago, eckoin said:

OP, I'd exclude your income, since your husband makes enough. First, OPT and CPT income, from what I've seen, is not accepted as a valid income type for the purposes of the affidavit. Second, if you're including your income, you need to show proof that it will continue after you become a permanent resident--and again, they might send an RFE out of confusion, since they don't like OPT/CPT income. 

 

Just exclude all of your income. You didn't even file taxes jointly, so there's no reason to complicate matters. 

OP has already submitted the package.

[eckoin 211]

1 minute ago, arken said:

OP has already submitted the package.

Oh yeah I missed that. When I see a list I clearly don't read the rest of the text, my bad. 

 

So OP - disregard, and wait and see. Still wouldn't send the medical separately if I were you. 

[arken 4,197]

5 minutes ago, eckoin said:

Oh yeah I missed that. When I see a list I clearly don't read the rest of the text, my bad. 

 

So OP - disregard, and wait and see. Still wouldn't send the medical separately if I were you. 

Yup agreed in medical. Later on, it may simply ask to bring it for the interview.

[josg 1]

1 hour ago, eckoin said:

Oh yeah I missed that. When I see a list I clearly don't read the rest of the text, my bad. 

 

So OP - disregard, and wait and see. Still wouldn't send the medical separately if I were you. 

Yes, I have already submitted the pack. Wait and see if they request for RFE for my income shown. Anyway, yes - I shall wait until the interview to take my Immigration physical report with me. 

Thnks. 

 

[josg 1]

1 hour ago, eckoin said:

By the way, don't send the medical in, if you're not sendig it with the main application. Just increases the chances that it's lost along the way. Bring it with you to the interview. 

 

EAD currently estimates at 6.5-8.5 months.

 

I'd include more evidence of bona fide marriage... You live together, right? Joint bills, joint accounts, joint assets, insurance, etc. Even copies of drivers licences to show that you live at the same address. I'd say your evidence as is, is relatively lacking. 

 Thats a long wait, however, my current CPT is valid till 2020 FEB thankfully. But because of which, I dont think I can request to expedite my EAD. It will be a financial loss for me, as I will have to continue to pay my semester tuition fees, but, guess i cant justify that as an income loss.