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Posted

Hi all,

 

My fiancé and I are just getting started on the adjustment of status process. As I go through the step-by-step guide (https://www.visajourney.com/guides/i130-spouse-inside-usa/), I have a few questions that I'm hoping this forum can help answer. 

 

Overall

1. I am hoping to complete this process (including getting married, that's on the list!) by the end of January. Is this reasonable? 

 

Form I-130

1. Do we have to fill out Form I-130A? It seems like a lot of repeated information that is covered in other forms.

 

Form I-485

1. The fees for this form are $1,140 (filing fee) + $85 (biometrics). The fee for the I-130 fee is $535. Is this correct? Would we write separate checks for each form or one check that covers everything?

2. This package asks for a copy of the intending immigrant's (that's me) passport, including entry stamps. Do they mean all entry stamps, or just my most recent one? 

3. a) According to the guide, this form also includes I-693, I-864, I-765 and I-131. From what I understand, I do not have to complete I-693 (medical exam) at this time. Is that correct? 

b) I currently have an EAD through my F-1 OPT. I only completed I-765 but received both work and travel authorization. Do I have to complete I-765 AND I-131 to receive travel authorization this time?

 

Form I-864

1. My fiancé makes just over the poverty limit, and will have an employer letter and paystubs to demonstrate this. The form states that if the sponsor meets or exceeds the poverty limit, no additional information is needed. However, I feel like our case would be bolstered by including additional information. Should I include the following?

a) My salary. I make 75K at my current job, which I have through OPT. I've read on these forums that USCIS doesn't typically accept OPT employment. However, the form only says that the intending immigrant's job can be included if it will continue once they receive work authorization. I can get a letter from my employer stating this, and that it will be permanent, full-time, etc. Should I include it?

b) Assets. I have about 5K in US savings and an additional ~10K in savings in my home country. Should I include this? If so, do I have to convert my savings to USD or just share the bank statements as they are?

 

I know that's a lot of questions - I appreciate any help you can give! Happy new year!

 

AOS via F-1 

  • Feb 3, 2020 - Application received
  • March 5, 2020 - Biometrics completed
  • March 19, 2020 - RFE requested
  • April 20, 2020 - Response to RFE received
  • April 27, 2020 - EAD expedite requested, evidence requested and submitted
  • April 28, 2020 - Request for additional information received
  • April 28, 2020 - New card is being produced!!
  • May 1, 2020 - Courtesy letter about medical exam received
  • May 5, 2020 - Case ready to be scheduled for interview
  • October 19, 2020 - Interview scheduled notice
  • November 10, 2020 - Interview date
  • November 12, 2020 - AOS approved
Posted

One more question: is my "USCIS Online Account Number" the number that's on my F-1 EAD? Or do I not have one?

AOS via F-1 

  • Feb 3, 2020 - Application received
  • March 5, 2020 - Biometrics completed
  • March 19, 2020 - RFE requested
  • April 20, 2020 - Response to RFE received
  • April 27, 2020 - EAD expedite requested, evidence requested and submitted
  • April 28, 2020 - Request for additional information received
  • April 28, 2020 - New card is being produced!!
  • May 1, 2020 - Courtesy letter about medical exam received
  • May 5, 2020 - Case ready to be scheduled for interview
  • October 19, 2020 - Interview scheduled notice
  • November 10, 2020 - Interview date
  • November 12, 2020 - AOS approved
Posted
4 hours ago, elizabethquestion said:

Hi all,

 

My fiancé and I are just getting started on the adjustment of status process. As I go through the step-by-step guide (https://www.visajourney.com/guides/i130-spouse-inside-usa/), I have a few questions that I'm hoping this forum can help answer. 

 

Overall

1. I am hoping to complete this process (including getting married, that's on the list!) by the end of January. Is this reasonable?  - Yes it is resonable. I got married and filed my application within a month. But be prepared to spend a lot of time doing this because it is time-consuming and you want to verify things a million times just to make sure you don't make mistakes

 

Form I-130

1. Do we have to fill out Form I-130A? It seems like a lot of repeated information that is covered in other forms. - I-130A is not optional- its mandatory required by the USCIS when you file a petition specifically for your spouse

 

Form I-485

1. The fees for this form are $1,140 (filing fee) + $85 (biometrics). The fee for the I-130 fee is $535. Is this correct? Would we write separate checks for each form or one check that covers everything? - This is up to you. I've seen people do it both ways and it was accepted by USCIS.  I wrote separate checks and attached them to their respective forms.

2. This package asks for a copy of the intending immigrant's (that's me) passport, including entry stamps. Do they mean all entry stamps, or just my most recent one? - All entry stamps, approvals of visa, any visa related documents which prove your lawful presence here

3. a) According to the guide, this form also includes I-693, I-864, I-765 and I-131. From what I understand, I do not have to complete I-693 (medical exam) at this time. Is that correct? - That is correct. According to the recent changes in rules I-693 is valid for Two years so might as well get it done with so you don't scramble in the last minute - reduce any delays as you possibly can

b) I currently have an EAD through my F-1 OPT. I only completed I-765 but received both work and travel authorization. Do I have to complete I-765 AND I-131 to receive travel authorization this time?- It will be better for you if you complete I-765 and I-131 because your OPT could expire before you get your Green Card or you could have issues with OPT extension. You never know - so my advice would be to simply get it done so you always have a back-up.

 

Form I-864

1. My fiancé makes just over the poverty limit, and will have an employer letter and paystubs to demonstrate this. The form states that if the sponsor meets or exceeds the poverty limit, no additional information is needed. However, I feel like our case would be bolstered by including additional information. Should I include the following? - I don't think you'll lose anything by submitting documents related to your salary. Include everything that you possibly can would again be my suggestion. The only thing I am unsure of is your savings in your home country - I dont know what the criteria for that is with respect to taxes, legality etc.

a) My salary. I make 75K at my current job, which I have through OPT. I've read on these forums that USCIS doesn't typically accept OPT employment. However, the form only says that the intending immigrant's job can be included if it will continue once they receive work authorization. I can get a letter from my employer stating this, and that it will be permanent, full-time, etc. Should I include it?

b) Assets. I have about 5K in US savings and an additional ~10K in savings in my home country. Should I include this? If so, do I have to convert my savings to USD or just share the bank statements as they are?

 

I know that's a lot of questions - I appreciate any help you can give! Happy new year!

 

 

AOS  (I-130, I-130A, I-131, I-693, I-485, I-765) from H1B, based on Marriage to a USC:

12/11/2019 - Package mailed via USPS

12/12/2019 - Package delivered

12/23/2019 - USCIS cashed the checks. Received text notifications from USCIS with case numbers (12/12 - Case was received, 12/19/2019 - Fingerprint fee was received)

12/27/2019 - Received the 4 NOAs in the mail

12/30/2019 - Received Biometrics Appointment scheduled for 1/10/2020

12/31/2019 - Biometrics Walk-In at Dallas, TX.  I-485, I-765 : Cases were updated to show that the Fingerprints were taken

01/09/2020 - EAD/AP expedite made (refer to my timeline for more details on this)

02/06/2020 - EAD/AP Approved

02/12/2020 - Received the Combo Card

02/14/2020 - I-485 updated to ‘Case is ready to be scheduled for an interview’

I-485 - Interview Scheduled at wrong state:

10/27/2020 - Received a text saying that an action was taken on my case

10/30/2020 - Received an email saying that an interview was scheduled - Case status : Testing and interview

10/30/2020 - Case status changed to 'Interview was scheduled'

11/04/2020 - Received the Interview appointment letter - scheduled in old state North Carolina for December 3rd

11/05/2020 - Called USCIS and requested to talk to Tier 2 officer - opened an SR

11/06/2020 - Received an email that the request was closed as they couldn't contact me - but they didn't

11/09/2020 - Opened another SR to talk to a Tier 2 officer

11/16/2020 - Tier 2 officer called and said that we need to interview at our home state, but I could take a chance and go to North Carolina.  So I requested to reschedule interview at Dallas, TX.

11/16/2020 - Received an email with a Referral ID and that my request was submitted to NBC

11/17/2020 - Received an email - my request to reschedule interview has been forwarded to a scheduling department

11/17/2020 - Received an email with my Case status: Testing and Interview and now it has the status - 'Request to reschedule my appointment was received'

12/31/2020 - We cancelled your interview

12/31/2020 - I-485 updated to ‘Case is ready to be scheduled for an interview’

01/12/2021 - Interview was scheduled (received an email as well)

 

EAD/AP renewal:

11/10/2020 - Shipped EAD/AP renewal documents via USPS

11/12/2020 - USCIS received the documents

11/18/2020 - Received 2 texts with the Receipt numbers for I-765 and I-131, Case Status was - 'Case was Received and a receipt notice was emailed' for both the cases. Received no emails though

12/01/2020 - Received the 2 NOAs in mail
01/06/2021 - We are producing your new card

01/08/2021 - We produced your new card - Card was picked up by the USPS

01/13/2021 - Combo Card was delivered to me

 

 

 
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