Assembling the package's supporting documents

[Cécy 44]

So I'm working on assembling the package so that all we'll have to do is add the marriage certificate and sign everything.

I've been compairing what the VJ guide says and what I found on the forms and there are thing cited on the VJ guide that I don't see requested to go along with certain forms:

I-130

VJ says to put the foreign spouse BC (and translation), yet the I-130 only requests the USC birth certificate.

I-485

VJ says to put an other marriage certificate, yet it's not listed in the instructions.

Am I reading wrong? Is it because the forms have been updated since the guide was posted?

If anyone reads that those are needed in the forms, please tell me what page.

I understand that it's important to send a complete application, but I don't see the point of making extra copies of something that they don't even ask for and that will be with there to complete a form that goes with it anyway.

note: I came here on a B2 so I have to do the I-130 & I-485 together. I would understand if they were separated, but one cannot go without the other in my case.

[Cécy 44]

So I found something, page 5 of the I-485 instructions page:

Evidence of eligibility.

-- Based on an immigrant petition.

Attach a copy of the approval notice for an immigrantpetition that makes a visa number immediatelyavailable to you, or submit a complete relative,special immigrant juvenile, or special immigrantmilitary petition which, if approved, will make a visanumber immediately available to you.

--

Based on admission as the K-1 fiancé(e) of a U. S.citizen and subsequent marriage to that citizen.

Attach a copy of the fiancé(e) petition approvalnotice, a copy of your marriage certificate and yourForm 1-94.

--

From what I read since I didn't came on a K1 visa and that I'm applying based on an immigrant petition then they don't request the marriage certificate with the I-485 but only the I-130

Am I correct?

Edited June 24, 2007 by Cécy

[bora bora 1]

So I found something, page 5 of the I-485 instructions page:

Evidence of eligibility.

-- Based on an immigrant petition.

Attach a copy of the approval notice for an immigrantpetition that makes a visa number immediatelyavailable to you, or submit a complete relative,special immigrant juvenile, or special immigrantmilitary petition which, if approved, will make a visanumber immediately available to you.

--

Based on admission as the K-1 fiancé(e) of a U. S.citizen and subsequent marriage to that citizen.

Attach a copy of the fiancé(e) petition approvalnotice, a copy of your marriage certificate and yourForm 1-94.

--

From what I read since I didn't came on a K1 visa and that I'm applying based on an immigrant petition then they don't request the marriage certificate with the I-485 but only the I-130

Am I correct?

But if you're applying for residency based on the fact that you married a USC - wouldn't you need to send proof that you married one? I'm not sure..but this is my guess.

[Cécy 44]

But if you're applying for residency based on the fact that you married a USC - wouldn't you need to send proof that you married one? I'm not sure..but this is my guess.

I thought about that, but I have to sent an I-130 with the I-485 (can't do one without the other in my case from what I understood) and the marriage certificate is required and listed in the I-130.

And in the form of I-485 I'm supposed to check the A box saying that I'm applying with an immigrant petition, not a K1...

So back to page 5 I follow what they ask for under the 'base on immigrant petition' list.

I have a feeling that the guide for the I-485 of VJ are written down for those who follow the usual K1/K3 steps, but maybe I'm wrong and the one who isn't reading things right.

I'm always amazed at how precise we need the information to be for fear of doing things wrong.

[Jup1ter 2]

Hi Cécy!

You and I are going through the same paperwork, we're filing I-130 and I-485 as well. From what I understand,

the instructions for I-130 says "a copy of your marriage certificate" (although we are sending an original certified copy, I'm so glad we ordered like four original copies when we married). The I-485 does not mention a marriage certificate UNLESS you are applying as the spouse of another applicant. Your husband is a US citizen, so that doesn't apply to you. However, the I-485 does say at the end of "Filing Instructions" to "attach copies of documents proving that you are eligible." I would attach a copy (not the original) of your marriage certificate just in case. I think sending something and not needing it is better than not sending it and finding out it IS needed!

But I'm curious as to what others will say, I would love to hear a solid answer myself since we haven't yet filed either.

"...how precise we need the information to be for fear of doing things wrong." My sentiments exactly! I'm so nervous that one tiny mistake, like writing "N/A" instead of "NONE", could affect everything.

P.S. Just to make sure, are you sending the I-130 to Chicago, and the I-485 to your district's service center? We were told to do that, but I'm wondering if I am supposed to send the entire packet together to the Chicago lockbox....

[aikorob 0]

Hi Cécy!

You and I are going through the same paperwork, we're filing I-130 and I-485 as well. From what I understand,

the instructions for I-130 says "a copy of your marriage certificate" (although we are sending an original certified copy, I'm so glad we ordered like four original copies when we married). The I-485 does not mention a marriage certificate UNLESS you are applying as the spouse of another applicant. Your husband is a US citizen, so that doesn't apply to you. However, the I-485 does say at the end of "Filing Instructions" to "attach copies of documents proving that you are eligible." I would attach a copy (not the original) of your marriage certificate just in case. I think sending something and not needing it is better than not sending it and finding out it IS needed!

But I'm curious as to what others will say, I would love to hear a solid answer myself since we haven't yet filed either.

"...how precise we need the information to be for fear of doing things wrong." My sentiments exactly! I'm so nervous that one tiny mistake, like writing "N/A" instead of "NONE", could affect everything.

P.S. Just to make sure, are you sending the I-130 to Chicago, and the I-485 to your district's service center? We were told to do that, but I'm wondering if I am supposed to send the entire packet together to the Chicago lockbox....

[aikorob 0]

Hope y'all don't mind if I piggy back on this post; we are assembling the AOS package for my wife as well.

My question is: do we need to send multiple copies of certian documents? For instance, the EAD and AP might require copies of her I-94 and photos. Will one of each of the reuired documents be enough?

Sorry for the double post

[Jashley820 0]

Hope y'all don't mind if I piggy back on this post; we are assembling the AOS package for my wife as well.

My question is: do we need to send multiple copies of certian documents? For instance, the EAD and AP might require copies of her I-94 and photos. Will one of each of the reuired documents be enough?

Sorry for the double post

The applications for AP, AOS, and EAD could be separated after you send them in, so they may not be reviewed by the same officer. You should send whatever each application asks for, even if it means duplication. You send them to the Chicago lockbox together, but each application should be able to stand alone if they choose to separate them.

[Silke 1]

We submitted a copy of our marriage certificate with both forms and sent the entire package to the Chicago lockbox. As you can see from my timeline we haven't received any RFEs so far and have our interview scheduled for next month. I'm adjusting from F1.

[Cécy 44]

I would attach a copy (not the original) of your marriage certificate just in case. I think sending something and not needing it is better than not sending it and finding out it IS needed!

P.S. Just to make sure, are you sending the I-130 to Chicago, and the I-485 to your district's service center? We were told to do that, but I'm wondering if I am supposed to send the entire packet together to the Chicago lockbox....

Yes I think I'll do that. Have the original certified copy with the I-130 and a simple photocopy with the I-485.

Send them together to the address in Chicago. I heard that some people got denied because the two were not together. So everything in the same envelop!

aikorob : I beliebe that the EAD/AP and the AOS are treated by different services, so you should make several copies of your I-94.

I guess most of us we'll end up starting a July filers thread soon

[Jup1ter 2]

The instructions for the I-485 say to send the form and its evidential documents to our local Service Center though (ours is St. Albans, Vermont)... And the I-130 says to send the form to the Chicago lockbox. Is there a particular reason to send everything to Chicago instead of following the instructions?

Thanks guys!

EDIT: I just saw your reply Cécy, thanks for the tip! I guess we'll send everything in together!

Edited June 25, 2007 by Jup1ter