Better to file forms online or to mail them?

[Bieloanya 6]

Hi guys!

I came to the US almost 3 months ago with ESTA and a week ago my husband and I got married. We decided to stay in the country and file for the AOS

(please note that none of this was planned ahead; we were planning of moving to EU together, but things changed because of the pandemic)

We are filing the forms now and apperently we need to file the i130 (and 130a for me) and the i485. We found out that the first one can be filled out online, but the second one has to be mailed.

Our doubt is weather it is OK to do so... Maybe it's better to print both the forms and mail them? Our preference was to split the procedure as I have only a week left of the 90 days that I can spend here with ESTA and the online procedure makes it faster to start the AOS process, as I can submit my personal documents digitally and we don't need to wait some extra days for the post office to deliver the envelope.

what do you think guys? Any advice? Thank you

[Magna 44]

I may be wrong, but the only way to file I-130 and I485 altogether, which is called as concurrent filing, is to mail them.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-form-i-485

 

You may file them separately, but so far I understand, there is no benefit to you since

1) filing I-130 alone won't change your 90 days of duration of stay and 

2) you may allow staying a little bit more without valid status as long as you file I-130 and I-485 concurrently. (a couple of more days... of course, by law, a couple of months is even possible but please try to make it shorten as much as possible. we don't know what things happen to our life)

Edited June 3, 2020 by Magna

[Quarknase 1,072]

You can certainly file the I-130 online. You’ll see the receipt notice a couple of days later under “documents” tab and print it out and send along with your I-485.

Please note that you’ll still have to attach all required proof to the I-485 package. The petition and the AOS each should have their own “package” of proof. Follow instructions for each form individually, and don’t upload the I-485 proof under I-130 online petition and the other way round.

Note that I-130 does not grant authorized stay, that will only be granted once you have the receipt notice for the I-485. But if your spouse is a USC overstay will be forgiven.

[geowrian 22,337]

I see no real benefit in doing one online and the other by paper. Just file them both by paper so you can do it together and avoid the overstay.

[Bieloanya 6]

Thank you all guys!!

My doubts arise from the fact that this all AOS thing is a last minute thing and I need to translate all of my documents into English (birth certificate, vaccinations, etc.).

I already sent them for translation, but it's gonna take a couple of days before receiving them. Then I need to send the forms and the documents to USCIS and I red that they consider the date they receive the envelope and not the one when I actually mailed it.

And at this point I'm pretty much sure that that is gonna be at least a couple of days after the deadline of my 90 days lawful stay in the country.

I'm so worried!!! I want to do everything according to law and it makes me feel really anxious that I might be breaking one.

[Letspaintcookies 2,310]

4 minutes ago, Bieloanya said:

Thank you all guys!!

My doubts arise from the fact that this all AOS thing is a last minute thing and I need to translate all of my documents into English (birth certificate, vaccinations, etc.).

I already sent them for translation, but it's gonna take a couple of days before receiving them. Then I need to send the forms and the documents to USCIS and I red that they consider the date they receive the envelope and not the one when I actually mailed it.

And at this point I'm pretty much sure that that is gonna be at least a couple of days after the deadline of my 90 days lawful stay in the country.

I'm so worried!!! I want to do everything according to law and it makes me feel really anxious that I might be breaking one.

You gonna be fine. And like it was already stated, sending the I-130 online won't help you. Only the accepted I-485 will get you in the place of an authorized stay. So it's all about that and not the I 130

[bamse 15]

On 6/3/2020 at 12:31 PM, Quarknase said:

You can certainly file the I-130 online. You’ll see the receipt notice a couple of days later under “documents” tab and print it out and send along with your I-485.

Please note that you’ll still have to attach all required proof to the I-485 package. The petition and the AOS each should have their own “package” of proof. Follow instructions for each form individually, and don’t upload the I-485 proof under I-130 online petition and the other way round.

Note that I-130 does not grant authorized stay, that will only be granted once you have the receipt notice for the I-485. But if your spouse is a USC overstay will be forgiven.

@Quarknase

I filed the 130 online for my husband thinking it would speed up the AOS-from-tourist-visa  process and immediately got the NOA1 with a priority date at the Texas SC. 

We did not plan to get married while he was in the USA on VWP but COVID changed a lot of our plans. I’m a USC and originally we were applying for K-1 but our plans changed unexpectedly.
 

However, now that I am reading this I think it would have been better to NOT file online and submit the entire AOS 130/485/etc by paper. 
 

We are sending the full 130 paper application with the AOS package as backup. I am attaching the 130 NOA1 and payment receipt. 
 

Should we attach a new payment form in case the 130 needs a new filing to be concurrent with 485? It is a lot more money but we can afford paying the 130 fee again if needed. 
 

Or would USCIS transfer the 485 to theTexas SC so it can be processed with the online 130 filing?

 

Your thoughts and experiences are much appreciated. 

Edited June 5, 2020 by GAD505

[Quarknase 1,072]

5 hours ago, GAD505 said:

@Quarknase

I filed the 130 online for my husband thinking it would speed up the AOS-from-tourist-visa  process and immediately got the NOA1 with a priority date at the Texas SC. 

We did not plan to get married while he was in the USA on VWP but COVID changed a lot of our plans. I’m a USC and originally we were applying for K-1 but our plans changed unexpectedly.
 

However, now that I am reading this I think it would have been better to NOT file online and submit the entire AOS 130/485/etc by paper. 
 

We are sending the full 130 paper application with the AOS package as backup. I am attaching the 130 NOA1 and payment receipt. 
 

Should we attach a new payment form in case the 130 needs a new filing to be concurrent with 485? It is a lot more money but we can afford paying the 130 fee again if needed. 
 

Or would USCIS transfer the 485 to theTexas SC so it can be processed with the online 130 filing?

 

Your thoughts and experiences are much appreciated. 

No need to attach new payment for the I-130, or even the entire petition. If you have filed already and they took your payment and sent you a receipt notice, it’s already in the queue and by sending the receipt notice with the I-485 (and mentioning in cover letter) they’ll put them together. I think the way it works is that NBC pulls the file and processes together, sends biometrics appointment (if needed), then sends it all to field office.

[bamse 15]

2 hours ago, Quarknase said:

No need to attach new payment for the I-130, or even the entire petition. If you have filed already and they took your payment and sent you a receipt notice, it’s already in the queue and by sending the receipt notice with the I-485 (and mentioning in cover letter) they’ll put them together. I think the way it works is that NBC pulls the file and processes together, sends biometrics appointment (if needed), then sends it all to field office.

Thank you for the info!