Checklist for AoS from H1B, please verify if I need to add or remove something

[justmarriedusciti 7]

I am about to submit my application to USCIS. All the documents have been collected after researching through guides and through the help on this forum. 

Please tell if anything is missing I have written questions in bold text next to items I have doubts about:

 

1. I-130, plus following evidence:

• Petitioner Birth Certificate
• Petitioner Passport
• Petitioner US Drivers License
• Petitioner Employment history 
• Marriage certificate
• Wedding photos (These are 10 in total but there are 5 engagement photos that are taken with us wearing the same clothes in every one of those 5. Would that matter?)
• Power utility bill showing both our names on the bill. (NB: I only have this document to show our joint financial responsibilities. We opened a joint account recently, and its first statement still has not come through)

2. Form G-1145

3. Form I-693 in sealed envelope (do I have to sign outside the envelope as well??)

4. Form 130A plus following evidence:

• Applicant birth certificate
• Applicant passport
• Applicant US work visa
• Applicant address history
• Applicant employment history
• Latest I-94

5. Form I-485 plus following evidence:

• Marriage certificate
• Applicant Birth certificate
• US work visa
• Applicant passport
• Applicant Address history
• Applicant work history
• Latest I-94
• Petitioner Birth Certificate
• Petitioner Passport
• Petitioner Drivers License

6. Form I-765, plus following evidence

• Applicant passport
• US work visa
• Latest I-94

7. Form I-131, plus following evidence

• Applicant passport
• US work visa
• Travel purpose addendum
• Latest I-94

8. I-864, plus following evidence

• Applicant last 6 months paystubs (How old can these be before the date I send off the application? I have one coming in tomorrow)
• Applicant letter of support from employer stating they will keep me hired after GC approval
• Applicant employment verification letter
• Applicant W2 for most recent tax year (Do I attach all W2's I have received or just my latest one?)
• Applicant federal tax returns for recent year (Do I attach more than recent year?)
• Petitioner verification letter from employer
• Petitioner last 6 months pay stubs (My wife quit her job that she started less than a month ago and only has received a single paystub so far, the next one will come in next week, should I write an explanation letter for USCIS officer? What do I say to explain that she quit her job and there are only two bi-weekly paystubs?)
• Petitioner most recent W2
• Petitioner Most recent federal tax return 

 

Please have a look at the list and let me know if I have missed anything? Thanks!

Edited September 13, 2019 by justmarriedusciti

[Wuozopo 4,293]

Rethink it and reorganize it as four separate applications. Clip each one together with a big paper clip or binder clip. Put payment check, G-1145, and optional cover letter on top of the stack. Note passport photos of you are listed evidence in each one.  Read all the form instructions which are provided by USCIS. https://www.uscis.gov/forms

 

I-130 Petition for Alien Relative

• evidence
• 2 passport photos
• I-130A
• etc

I-485 Application to Adjust Status

• evidence
• 2 passport photos
• I-693
• i-864
• etc

I-765 Application for Employment Authorization

• evidence
• 2 passport photos
• etc

I-131 Application for Travel Document

• evidence
• 2 passport photos
• etc

 

Edited September 13, 2019 by Wuozopo

[azblk 338]

9 hours ago, justmarriedusciti said:

I am about to submit my application to USCIS. All the documents have been collected after researching through guides and through the help on this forum. 

Please tell if anything is missing I have written questions in bold text next to items I have doubts about:

 

1. I-130, plus following evidence:

• Petitioner Birth Certificate
• Petitioner Passport
• Petitioner US Drivers License
• Petitioner Employment history 
• Marriage certificate
• Wedding photos (These are 10 in total but there are 5 engagement photos that are taken with us wearing the same clothes in every one of those 5. Would that matter?)
• Power utility bill showing both our names on the bill. (NB: I only have this document to show our joint financial responsibilities. We opened a joint account recently, and its first statement still has not come through)

2. Form G-1145

3. Form I-693 in sealed envelope (do I have to sign outside the envelope as well??)

4. Form 130A plus following evidence:

• Applicant birth certificate
• Applicant passport
• Applicant US work visa
• Applicant address history
• Applicant employment history
• Latest I-94

5. Form I-485 plus following evidence:

• Marriage certificate
• Applicant Birth certificate
• US work visa
• Applicant passport
• Applicant Address history
• Applicant work history
• Latest I-94
• Petitioner Birth Certificate
• Petitioner Passport
• Petitioner Drivers License

6. Form I-765, plus following evidence

• Applicant passport
• US work visa
• Latest I-94

7. Form I-131, plus following evidence

• Applicant passport
• US work visa
• Travel purpose addendum
• Latest I-94

8. I-864, plus following evidence

• Applicant last 6 months paystubs (How old can these be before the date I send off the application? I have one coming in tomorrow)
• Applicant letter of support from employer stating they will keep me hired after GC approval
• Applicant employment verification letter
• Applicant W2 for most recent tax year (Do I attach all W2's I have received or just my latest one?)
• Applicant federal tax returns for recent year (Do I attach more than recent year?)
• Petitioner verification letter from employer
• Petitioner last 6 months pay stubs (My wife quit her job that she started less than a month ago and only has received a single paystub so far, the next one will come in next week, should I write an explanation letter for USCIS officer? What do I say to explain that she quit her job and there are only two bi-weekly paystubs?)
• Petitioner most recent W2
• Petitioner Most recent federal tax return 

 

Please have a look at the list and let me know if I have missed anything? Thanks!

i-130 - Petitioner DL and work history irrelevant. Do you have more photos? doesn't not have to just be wedding photos but photos that can document your life together on this like vacations, sports events, at the bar with friends and the like. Have you taken any vacations together? airline tickets, cruise tickets, insurance are you on each others insurance and beneficiaries of 401K and the like? Joint car insurance? Joint gym membership?  I think you have minimal evidence of bona fide marriage - work on beefing it up basically you need evidence of commingled finances , evidence you live together ( leases/mortgage, mail addressed to both at same address,)

 

i-693 - submit as is. Do NOT write or sign the sealed envelope. Submit as you got it from civil surgeon.

 

i-765/i-131 - No evidence needed since filing together with i-485.

 

i-485 -You are the petitioner - you spouses DL, BC and Passport not needed.

 

i-864 - Are you using your income as part of the household income - which you can do as you earned it legally and it will continue even after you get permanent residence? The beneficiaries financials are only relevant if this is the case.  Also W2 and taxes is sufficient to show income - pay stubs not needed unless you trying to show a change in earnings if your W2/tax returns are insufficient.

 

Good luck

[justmarriedusciti 7]

On 9/13/2019 at 8:28 AM, Wuozopo said:

Rethink it and reorganize it as four separate applications. Clip each one together with a big paper clip or binder clip. Put payment check, G-1145, and optional cover letter on top of the stack. Note passport photos of you are listed evidence in each one.  Read all the form instructions which are provided by USCIS. https://www.uscis.gov/forms

 

I-130 Petition for Alien Relative

• evidence
• 2 passport photos
• I-130A
• etc

I-485 Application to Adjust Status

• evidence
• 2 passport photos
• I-693
• i-864
• etc

I-765 Application for Employment Authorization

• evidence
• 2 passport photos
• etc

I-131 Application for Travel Document

• evidence
• 2 passport photos
• etc

 

Thanks! Should I place two photos of us each, or one of mine and one of spouse with each of the smaller applications? Also a follow up question, is the USCIS okay with photo copies of the evidence documents or do I have to send in some originals, e.g. the marriage documents?

[justmarriedusciti 7]

On 9/13/2019 at 9:01 AM, azblk said:

i-130 - Petitioner DL and work history irrelevant. Do you have more photos? doesn't not have to just be wedding photos but photos that can document your life together on this like vacations, sports events, at the bar with friends and the like. Have you taken any vacations together? airline tickets, cruise tickets, insurance are you on each others insurance and beneficiaries of 401K and the like? Joint car insurance? Joint gym membership?  I think you have minimal evidence of bona fide marriage - work on beefing it up basically you need evidence of commingled finances , evidence you live together ( leases/mortgage, mail addressed to both at same address,)

 

i-693 - submit as is. Do NOT write or sign the sealed envelope. Submit as you got it from civil surgeon.

 

i-765/i-131 - No evidence needed since filing together with i-485.

 

i-485 -You are the petitioner - you spouses DL, BC and Passport not needed.

 

i-864 - Are you using your income as part of the household income - which you can do as you earned it legally and it will continue even after you get permanent residence? The beneficiaries financials are only relevant if this is the case.  Also W2 and taxes is sufficient to show income - pay stubs not needed unless you trying to show a change in earnings if your W2/tax returns are insufficient.

 

Good luck

We have a joint bank account that we opened up recently and have not received a bank statement for yet. It will come in 4 weeks later and I don't want to apply after the new October rule is set in. We have joint health insurance and a lot of photos with family members, friends,  and of us together.

 

Regarding I-485: I have listed myself as the "applicant" there under all the boxes. Should I change the wording on I-485 section of the main index for my entire application and remove the word petitioner from there? Do you think that might confuse them? I used that word because in most of the other forms my USC wife is the petitioner and so I wanted to keep it consistent. 

 

For I-864, I had to use my wife's income because she recently got a job for a few weeks and thus will be filing a W2 for this tax year in 2020. I have used all of my earnings to meet the financial requirement. 

[Wuozopo 4,293]

24 minutes ago, justmarriedusciti said:

Thanks! Should I place two photos of us each, or one of mine and one of spouse with each of the smaller applications? Also a follow up question, is the USCIS okay with photo copies of the evidence documents or do I have to send in some originals, e.g. the marriage documents?

Go read the instructions for each form.

 

I-130 is actually 4 photos. 2 of each person

You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of ling this petition. The photos must have a white to off -white background, be printed on thin paper with a glossy nish, and be unmounted and unretouched.  .........Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo. 

 

The other three applications  are 2 immigrant photos only. 

 

 

Everything submitted can be photocopies. Originals may be requested at interview.

Edited September 15, 2019 by Wuozopo

[Wuozopo 4,293]

25 minutes ago, justmarriedusciti said:

For I-864, I had to use my wife's income because she recently got a job for a few weeks and thus will be filing a W2 for this tax year in 2020. I have used all of my earnings to meet the financial requirement. 

That is your wife's form to fill out as your financial sponsor and evidence included in your I-485 application packet.. If you have a job, you can be listed as family income if she doesn't make enough. It's on page 4

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Person 1 ( <------ That can be you)

 

If her salary is adequate, you can skip your income .

 

Also you need to become familiar with income tax terms. Your wife does not file a W-2. Employers send a W-2 to their employees (and to the IRS) showing how much the employee earned in the year. Your wife will use the form to file her income tax return. And because you married in 2019, the next filing in early 2020 can be a joint 2019 tax return from both of you. 

Edited September 15, 2019 by Wuozopo

[justmarriedusciti 7]

1 hour ago, Wuozopo said:

That is your wife's form to fill out as your financial sponsor and evidence included in your I-485 application packet.. If you have a job, you can be listed as family income if she doesn't make enough. It's on page 4

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Person 1 ( <------ That can be you)

 

If her salary is adequate, you can skip your income .

 

Also you need to become familiar with income tax terms. Your wife does not file a W-2. Employers send a W-2 to their employees (and to the IRS) showing how much the employee earned in the year. Your wife will use the form to file her income tax return. And because you married in 2019, the next filing in early 2020 can be a joint 2019 tax return from both of you. 

Her salary is not adequate that is why we are using mine instead to meet the financial requirement. 

 

Sorry about the W2 typo there, I meant when we will be filing the taxes next year. 

[justmarriedusciti 7]

Another follow up question. One thing I didn't include in the index were details about the wedding reception. We have not had a reception yet, but it is planned for later this year. We have cards and everything printed out. Do I include that? Or would it end up confusing the USCIS?

[Wuozopo 4,293]

1 hour ago, justmarriedusciti said:

Another follow up question. One thing I didn't include in the index were details about the wedding reception. We have not had a reception yet, but it is planned for later this year. We have cards and everything printed out. Do I include that? Or would it end up confusing the USCIS?

I wouldn't bother. Take an invite to show at your interview if you like. 

 

2 hours ago, justmarriedusciti said:

Her salary is not adequate that is why we are using mine instead to meet the financial requirement. 

Use both salaries. It clearly says on the form

Part 6

I am currently

1. Employed as a/an __________

2. Name of employer __________

7. My current individual annual income is:  $______________

 

That is her section and she should fill it out.

You are Person 1 under that.

[azblk 338]

4 hours ago, justmarriedusciti said:

Her salary is not adequate that is why we are using mine instead to meet the financial requirement. 

 

Sorry about the W2 typo there, I meant when we will be filing the taxes next year. 

Her salary must be included albeit it is inadequate.

 

You can only use your salary if it was earned legally and will continue from same source even after you get a green card. That means you need a letter from your employer saying something to that effect. Basically that your employer will not terminate you because your are now a green card holder.