Filing AOS with I765 and I131 concurrently Question

[TreverR 21]

Hello, 

 

I know you can file all these forms together however my question is do you need duplicate copies of evidence for each form.  Such as multiple I94's visa and passport pics, etc? Or do they just need one copy of all the evidence in one submission?

 

Thanks! 

[K1visaHopeful 2,895]

Duplicates.

One set of required documents for each form.

[TreverR 21]

That's what I thought. Thank you for the quick reply! 

[Duke & Marie 1,389]

The instructions for I485 tells you which need to be duplicated and which don’t 

[TreverR 21]

I'm sorry but I did not see anywhere stating what needs to have duplicates.  Do you have a reference in the instructions.  All I see in the instructions for form i485 is the required evidence for that form specifically.

[kayden123 52]

from the instruction page on the I485 under What Evidence Must You Submit with Form I-485?

 

If you will be submitting the same documentation (i.e. tax return transcripts or birth certifications) for the I-485, I-864 or the I-944, you do not need to submit the documentation multiple times.

[TreverR 21]

Yes I see the evidence required for the form I485 but there is no clear instruction for if you are filing the other forms concurrently on whether you need to submit multiple documents for the other forms.  Only thing I see is the other forms instructions also require it.  So I am just filing multiple copies of photos and such.  

[payxibka 10,047]

Each application is prepared standalone.  Each set of instructions refer to the individual form itself.  The i485 instructions do not include evidence or assembly instructions for any other form that you may or may not submit at the same time. 

 

Nowhere in the i131 or i765 instructions indicate that if you  are submitting that application concurrently with the i485 that all of a sudden certain evidence is no longer required.  

Edited April 1, 2020 by payxibka

[TreverR 21]

1 minute ago, payxibka said:

Each application is prepared standalone.  Each set of instructions refer to the individual form itself.  The i485 instructions do not include evidence or assembly instructions for any other form that you may or may not submit at the same time 

Yeah that's how I perceived it.  Well our packet of 94 pages and 4 forms is all ready.  Got I-485, I-864, I-765 and I-131 all put together and have poured through them with a fine tooth comb.  Now just have to avoid catching COVID-19 while going to mail them haha.  Thanks for the help! 

[payxibka 10,047]

2 minutes ago, TreverR said:

Yeah that's how I perceived it.  Well our packet of 94 pages and 4 forms is all ready.  Got I-485, I-864, I-765 and I-131 all put together and have poured through them with a fine tooth comb.  Now just have to avoid catching COVID-19 while going to mail them haha.  Thanks for the help! 

I944?

[TreverR 21]

 

49 minutes ago, payxibka said:

I944?

No form I944.  I just spoke with a USCIS agent and she went through and asked me questions on how my wife came into the US.  I said through the k1 visa, she then asked if she has ever been deemed , which was a no.  After that she said based on that criteria no form i944 needs to be submitted just the i485 with i864 affidavit of support.  My wife doesn't even have a social because we didn't get it in time.  If they need it they will request it with an RFE, but I'm not worried after talking to the agent.  

[Murphy1994 32]

4 hours ago, TreverR said:

 

No form I944.  I just spoke with a USCIS agent and she went through and asked me questions on how my wife came into the US.  I said through the k1 visa, she then asked if she has ever been deemed , which was a no.  After that she said based on that criteria no form i944 needs to be submitted just the i485 with i864 affidavit of support.  My wife doesn't even have a social because we didn't get it in time.  If they need it they will request it with an RFE, but I'm not worried after talking to the agent.  

I really don’t want to alarm you but just so you’re aware, my first AOS was rejected due to something to do my payment method (I have no idea what specifically, the money was in my account. I’m assuming a typo but I read over all my information a million times 😔). I contacted two people on the phone  asking did I need to submit an I-944 as by this time, the I-944 was required. I was told no by two people and then my AOS was rejected again for not submitting the I-944. Unfortunately people on the hotline aren’t always the most informed! I would triple check any information they give. Good luck ☺️

[TreverR 21]

Yeah we will see, the packet is already on its way though, just sent it in the mail.  If they need it well guess will have to send an RFE.

[Villanelle 4,122]

5 hours ago, TreverR said:

 

No form I944.  I just spoke with a USCIS agent and she went through and asked me questions on how my wife came into the US.  I said through the k1 visa, she then asked if she has ever been deemed , which was a no.  After that she said based on that criteria no form i944 needs to be submitted just the i485 with i864 affidavit of support.  My wife doesn't even have a social because we didn't get it in time.  If they need it they will request it with an RFE, but I'm not worried after talking to the agent.  

You were given wrong information. You may not get an RFE but instead have your package returned to you as current policy allows them to reject packages that are missing required evidences rather then accepting it and RFE'ing you for it. 

 

Someone adjusting status from a K visa does in fact need to submit the i944. They are NOT exempt from the public charge determination.  On the instructions for the i944 it lists who is exempt from public charge determination. Read through it to see if she perhaps qualifies but most likely she doesnt and needs to submit the form. 

[TreverR 21]

Yes I realized what happened now and unfortunately its gonna get me a rejection letter...

 

My wife and I got married early February, and we started putting this AOS packet together.  I had no reason to rush so we took our time putting it together till now, using the same old I485.  Well I never thought to even look to see if the forms had been updated in the 2 months we were working on this so that's why I didn't even know the I944 existed.  That was until someone in another thread posted a screenshot of a question asking for it.  

 

Guess I just gotta wait now for our rejection letter what a bummer.