About to jointly file my I-130 and I-485 package. AOS from F-1 to Permanent Resident. Requesting reviews of my table of contents to ensure I submit correctly.

[CJK 32]

I want to make absolutely sure I haven't forgotten anything, or ordered my documents in a way that will result in RFE. Can anybody check over this?

 

Brief situation: I am the amcit petitioner, and my husband is from South Korea. He last entered the US in January 2019 on F-1 status and has now graduated, currently working full-time under OPT. He served in his country's mandatory military service for two years, resulting in checking yes for the "weapons training" questions on I-485. I am not (yet) making enough to meet the federal poverty guidelines, but he is. I'm inclined to use a joint sponsor anyway because of the iffiness of OPT income eligibility, as I learned from a previous thread I made here.

 

Here is the table of contents:

 

Quote

 

1.      G-1145 E-Notification of Application/Petition Acceptance

2.      Personal check of $535 for Form I-130

3.      Personal check of $1,225 for Form I-485 (Form + Biometrics Fee)

4.      Four Passport Style Photos (Petitioner)

5.      Six Passport Style Photos (Beneficiary)

6.      I-130 Petition for Alien Relative

• Copy of Passport Biographical Page (Petitioner)
• Copy of Birth Certificate (Petitioner)
• Copy of Passport Biographical Page (Beneficiary)
• Copy of F-1 Visa Page (Beneficiary)
• Copy of Birth Certificate with Certified Translations (Beneficiary)
• Copy of Marriage Certificate
• Evidence of Bona Fide Marriage

                                    i.             Photos evidencing our relationship from 06/08/2014 to present

                                  ii.              Copy of Beneficiary’s Employment Benefits Statement with covered Petitioner

                                iii.              Copy of Lease evidencing Joint Domicile

                                iv.             Copy of bank statement evidencing joint funds

                                 iv.           Copy of Wedding Receipts

7.      I-130A Supplemental Information for Spouse Beneficiary

8.      I-485 Application to Register Permanent Residence or Adjust Status

• Copy of Military Discharge Document with Translation (Beneficiary)
• Copy of Criminal Records Check (Korea) (Beneficiary)
• I-864 Affidavit of Support (Petitioner)

                                   i.         Letter stating why Petitioner hasn't filed taxes for the last three years (Formerly full time student)

                                  ii.          Beneficiary’s Employment Offer Letter

                                iii.          Beneficiary’s Most Recent Pay Stub

                                 iv.          Beneficiary’s 2018 Tax Return (for summer internship, not current full-time job)

• I-864 Affidavit of Support (Joint-Sponsor)

                                    i.          Copy of 2018 W-2

                                  ii.          Copy of 2017 W-2

                                iii.          Copy of Birth Certificate & Social Security Card

• I-785 Application for Employment Authorization
                i.         Copy of Current EAD
                ii.         Printout of Electronic Form I-94

 

First question: Should I submit it as a whole package exactly this way, or should I split up the I-130 and the I-485 and treat them as completely separate? 

 

Second: Should I include redundant documents under any form which asks for it, like marriage certificate or passport pages? 

 

Third: Do we need to submit the medical examination with our initial package, and if so where does it go? 

 

 

Thanks!

[azblk 338]

1. Take a look at this thread :

 

 

2. You can if you want to but the USCIS will copies of a document if needed for another application.

3.  Medical is now valid for 2 years from date of submission and must be submitted within 60 days of being completed by the civil surgeon.  You should check the processing times at your local office to guesstimate the best time to complete it and submit it.

[Nouchigang 200]

16 hours ago, Court & Jae said:

I want to make absolutely sure I haven't forgotten anything, or ordered my documents in a way that will result in RFE. Can anybody check over this?

 

Brief situation: I am the amcit petitioner, and my husband is from South Korea. He last entered the US in January 2019 on F-1 status and has now graduated, currently working full-time under OPT. He served in his country's mandatory military service for two years, resulting in checking yes for the "weapons training" questions on I-485. I am not (yet) making enough to meet the federal poverty guidelines, but he is. I'm inclined to use a joint sponsor anyway because of the iffiness of OPT income eligibility, as I learned from a previous thread I made here.

 

Here is the table of contents:

 

First question: Should I submit it as a whole package exactly this way, or should I split up the I-130 and the I-485 and treat them as completely separate? 

 

Second: Should I include redundant documents under any form which asks for it, like marriage certificate or passport pages? 

 

Third: Do we need to submit the medical examination with our initial package, and if so where does it go? 

 

 

Thanks!

1. I believe its best to submit everything together in 1 enveloppe but separate folders. One folder for I-130 and another one for I-485.

I didnt see an application for Advance Parole/Travel Document I-131 or I missed it? Its free like the application for EAD. Though you may not need to travel or dont plan on it to be safe. I always recommend to do it and have it just in case. You may need to travel out of the country for work or a family emergency, think about it.

 

2. Yes include redundant documents in each package/folder

 

3. The medical exam could wait and could be submitted at the interview. It depends on your local office like said previously and if you can afford it right now. It ranges from $300 to $500 depending if you need vaccines or not or covered by insurance.

[eckoin 211]

On 7/18/2019 at 3:09 PM, Court & Jae said:

First question: Should I submit it as a whole package exactly this way, or should I split up the I-130 and the I-485 and treat them as completely separate? 

Treat each form separately. Meaning, i130 + i130a is one "form", I485 and i864s are one "form", i765 is one form, and i131 is one form. 

 

Which also brings me to--include required stuff with each "form". For example, attach the passport photos required to each form, rather than to the front. Just in case they get lost. 

 

I also feel like your order in general is out of whack; there is stuff under i130 that should be under I485. Read through some of the other linked threads for more details. 

Quote

Second: Should I include redundant documents under any form which asks for it, like marriage certificate or passport pages? 

I'm a proponent of redundant "important documents" for each form. For example, a marriage certificate for all four form-packets mentioned above, as well as passport pages for both petitioner and beneficiary, as well as birth certificates for both. It's not required, but people have received unnecessary/illogical/why-do-they-hate-me-in-particular RFEs for stuff like this, so I just can't see a downside. They won't rage-reject your application for providing too many marriage certificate copies. 

 

But if you don't like this approach, then please at least include the documentation required for each form. Each form could be reviewed by separate people. I765 and I131 are adjucated completely separately from the rest by definition. Just make more copies, it's the least expensive part of the process. 

Quote

Third: Do we need to submit the medical examination with our initial package, and if so where does it go? 

Meh. Feel free to include it now or bring it with you to the interview. Just make sure you give the civil surgeon 2-4 weeks to complete the form, some are slow--depending on the lab they use--if you go the interview route. 

 

By the way, I feel like your I864 is confusing. Why are you including your husband's income stuff, like employment letters and pay stubs, if you're not using his income (and in your other thread, I suggested you don't). Worst case, the officer only looks at that, and sends the RFE because he or she also supports the "OPT income is not real income" idea, and they don't even get to the joint sponsor paperwork. I'd keep it clean on that front. The only exception is if you filed taxes jointly, which it doesn't appear you had. 

Edited July 20, 2019 by eckoin

[CJK 32]

On 7/19/2019 at 11:01 PM, eckoin said:

Treat each form separately. Meaning, i130 + i130a is one "form", I485 and i864s are one "form", i765 is one form, and i131 is one form. 

 

Which also brings me to--include required stuff with each "form". For example, attach the passport photos required to each form, rather than to the front. Just in case they get lost. 

 

I also feel like your order in general is out of whack; there is stuff under i130 that should be under I485. Read through some of the other linked threads for more details. 

I'm a proponent of redundant "important documents" for each form. For example, a marriage certificate for all four form-packets mentioned above, as well as passport pages for both petitioner and beneficiary, as well as birth certificates for both. It's not required, but people have received unnecessary/illogical/why-do-they-hate-me-in-particular RFEs for stuff like this, so I just can't see a downside. They won't rage-reject your application for providing too many marriage certificate copies. 

 

But if you don't like this approach, then please at least include the documentation required for each form. Each form could be reviewed by separate people. I765 and I131 are adjucated completely separately from the rest by definition. Just make more copies, it's the least expensive part of the process. 

Meh. Feel free to include it now or bring it with you to the interview. Just make sure you give the civil surgeon 2-4 weeks to complete the form, some are slow--depending on the lab they use--if you go the interview route. 

 

By the way, I feel like your I864 is confusing. Why are you including your husband's income stuff, like employment letters and pay stubs, if you're not using his income (and in your other thread, I suggested you don't). Worst case, the officer only looks at that, and sends the RFE because he or she also supports the "OPT income is not real income" idea, and they don't even get to the joint sponsor paperwork. I'd keep it clean on that front. The only exception is if you filed taxes jointly, which it doesn't appear you had. 

This input is fantastic, thank you so much! Exactly what I was looking for.