Filing I-485 separately

[deborabr 16]

Hello all,

 

I submitted the I-130 online to petition for my mom's GC. She has an appointment to complete the immigration exam this coming week so we can submit the I-485 form.

My question is whenever I have all the supporting documents ready can I submit the I-485 via mail or do I have to wait for anything? She is currently in the US.

 

I was planning to send both forms together via mail but since I am cancelling her B2 visa extension application I wanted to make sure we had this going since it takes a while to get the medical exams results. I sent a letter to USCIS withdrawing her B2 visa extension and applied for I-130 already it should not be considered she is overstaying correct?

 

Thank you!

[HRQX 4,145]

10 minutes ago, deborabr said:

I wanted to make sure we had this going since it takes a while to get the medical exams results.

She can do the medical exam after filing I-485, if she wants: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4 "Applicants may submit the Form I-693 medical examination report to USCIS: Concurrently with the immigration benefit application; or At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report."

[NancyNguyen 1,657]

I-130 doesn't grant her any stay, I-485 does.

[HRQX 4,145]

13 minutes ago, deborabr said:

it should not be considered she is overstaying correct?

Overstay doesn't matter for Immediate Relatives: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

[deborabr 16]

Thank you all so much! You clarified a lot of my questions! I really appreciate it! So when I have the I-485 completely filled out and have all the supporting documents I can just mail it out correct? It is a bummer that they don't have an online option to file that form yet.

[HRQX 4,145]

10 minutes ago, deborabr said:

So when I have the I-485 completely filled out and have all the supporting documents I can just mail it out correct?

Do you already have I-130 receipt notice? USCIS should have sent it to you via US mail and it should also show on your online USCIS account.

 

In general, she would send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-864 (about your financial sponsorship and signed by you) and supporting documents, copy of I-130 receipt notice, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

She'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Edited November 14, 2020 by HRQX

[mol4yn 5]

On 11/14/2020 at 2:27 PM, deborabr said:

Hello all,

 

I submitted the I-130 online to petition for my mom's GC. She has an appointment to complete the immigration exam this coming week so we can submit the I-485 form.

My question is whenever I have all the supporting documents ready can I submit the I-485 via mail or do I have to wait for anything? She is currently in the US.

 

I was planning to send both forms together via mail but since I am cancelling her B2 visa extension application I wanted to make sure we had this going since it takes a while to get the medical exams results. I sent a letter to USCIS withdrawing her B2 visa extension and applied for I-130 already it should not be considered she is overstaying correct?

 

Thank you!

Hey. Sorry to bother, I have a question: you can submit I-485 after I-130? I thought you have to do it together. Thanks

[HRQX 4,145]

19 minutes ago, mol4yn said:

Hey. Sorry to bother, I have a question: you can submit I-485 after I-130? I thought you have to do it together. Thanks

I-485 can either be filed concurrently with the underlying petition or after the underlying petition is filed. If filed after, a copy of the I-130 receipt notice is required at I-485 filing. And the receipt number for "Underlying Petition" is entered in I-485 page 4.

[deborabr 16]

On 11/17/2020 at 9:01 PM, mol4yn said:

Hey. Sorry to bother, I have a question: you can submit I-485 after I-130? I thought you have to do it together. Thanks

Yes I applied the I-130 online and I am planning to submit the I-486 by mail next week.

[deborabr 16]

On 11/14/2020 at 11:58 AM, HRQX said:

Do you already have I-130 receipt notice? USCIS should have sent it to you via US mail and it should also show on your online USCIS account.

 

In general, she would send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-864 (about your financial sponsorship and signed by you) and supporting documents, copy of I-130 receipt notice, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

She'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Thank you so so much!!!! It's been so long I had to do this whole process for myself and so much has changed as well. I have almost all the evidence and forms filled out but still have a few questions in case you know the answer:

 

I-485

1) I could not find the USCIS online registration number. My mother previously filed B2 visa extension online but there is no number anywhere I looked including her profile or any of the notices. Is this required? Should I look somewhere else?
2) On the question "What is your current immigration status( if it has changed since your arrival)?" Should I state pending/withdrawn B2 visa extension application or just list B2 which is the visa she last entered the country?
3) On the question "Have you EVER violated the terms or conditions of your nonimmigrant status?" should I say yes because she was supposed to leave the country in June? Or should I leave no since she did apply for an extension?
4) Can we pay the fees with the credit card? I could not see that option on the instructions. I paid the I-130 with card so I was wondering if I can just fill out the G-1450 form with the total amount of $1,225 to cover the filing fee for I-485 and biometric fees?

 

I-944

1) Household members: My mother is currently living with my family right now. She is not providing to anyone. We are listing her, myself and my husband. Is that correct? Do I need to include my kids since they live in the same household?

2) How do we get a statement showing my mother does not have a credit report in the US?

 

Thanks a whole lot!!!!!

 

 

[Demise 1,281]

19 hours ago, deborabr said:

Thank you so so much!!!! It's been so long I had to do this whole process for myself and so much has changed as well. I have almost all the evidence and forms filled out but still have a few questions in case you know the answer:

 

I-485

1) I could not find the USCIS online registration number. My mother previously filed B2 visa extension online but there is no number anywhere I looked including her profile or any of the notices. Is this required? Should I look somewhere else?
2) On the question "What is your current immigration status( if it has changed since your arrival)?" Should I state pending/withdrawn B2 visa extension application or just list B2 which is the visa she last entered the country?
3) On the question "Have you EVER violated the terms or conditions of your nonimmigrant status?" should I say yes because she was supposed to leave the country in June? Or should I leave no since she did apply for an extension?
4) Can we pay the fees with the credit card? I could not see that option on the instructions. I paid the I-130 with card so I was wondering if I can just fill out the G-1450 form with the total amount of $1,225 to cover the filing fee for I-485 and biometric fees?

 

I-944

1) Household members: My mother is currently living with my family right now. She is not providing to anyone. We are listing her, myself and my husband. Is that correct? Do I need to include my kids since they live in the same household?

2) How do we get a statement showing my mother does not have a credit report in the US?

 

Thanks a whole lot!!!!!

 

 

I-485:

1. Chances are that she doesn't have one yet, honestly most people don't unless they filed a case that gets processed by the IOE (e.g. I-90 or a DACA renewal).

2. I'd answer it as something along the lines of "B-2 extension pending"

3. No. Since she timely filed an extension application she's not violating her status.

4. Yes since this I-485 will be going to a lockbox. Fill out G-1450 and attach it in the front of the application packet.

I-944:

1. You have to list everyone in the household, that includes the children.

2. You basically have to call and then fax equifax so they'll issue you a letter: https://learn.simplecitizen.com/immigration-support/getting-a-credit-report-for-form-i-944/

Otherwise your mother can attach a sworn statement stating that she does not have a credit score: https://citizenpath.com/faq/no-credit-report-i-944/

[LadyJLeague 1]

good morning all, thank you for this thread I am also in same boat with my mother in law.  my husband who is now also a usc filed for her April 2020, she is currently here on her visitor visa and we will be submitting the 485 within the next couple of weeks.  after speaking with a lawyer he advised me that if the current 130 is still pending you can send in the 485 and no payment is necessary, however if the 130 is approved in the upcoming weeks then the application can get sent in still but would need the payment attached.  anyone also hear of this or have experience?

 

I have an appointment scheduled on nov 30 for the medical exams etc.  This will be a large delay in getting the 485 out, I may just complete it without it so that I can be put into the system and then send the medical exam information when an RFE is requested.  

[milimelo 4,477]

4 hours ago, LadyJLeague said:

good morning all, thank you for this thread I am also in same boat with my mother in law.  my husband who is now also a usc filed for her April 2020, she is currently here on her visitor visa and we will be submitting the 485 within the next couple of weeks.  after speaking with a lawyer he advised me that if the current 130 is still pending you can send in the 485 and no payment is necessary, however if the 130 is approved in the upcoming weeks then the application can get sent in still but would need the payment attached.  anyone also hear of this or have experience?

 

I have an appointment scheduled on nov 30 for the medical exams etc.  This will be a large delay in getting the 485 out, I may just complete it without it so that I can be put into the system and then send the medical exam information when an RFE is requested.  

Your lawyer is an idiot. I-485 most definitely needs payment when you send it in. 

[HRQX 4,145]

4 hours ago, LadyJLeague said:

and then send the medical exam information when an RFE is requested.  

Instead of RFE, it should be a courtesy letter:

It clearly says "DO NOT MAIL DOCUMENTS AT THIS TIME." As mentioned in the letter above, if she is scheduled an interview for I-485, she should bring the I-693 then.

[deborabr 16]

On 11/20/2020 at 6:41 PM, Demise said:

I-485:

1. Chances are that she doesn't have one yet, honestly most people don't unless they filed a case that gets processed by the IOE (e.g. I-90 or a DACA renewal).

2. I'd answer it as something along the lines of "B-2 extension pending"

3. No. Since she timely filed an extension application she's not violating her status.

4. Yes since this I-485 will be going to a lockbox. Fill out G-1450 and attach it in the front of the application packet.

I-944:

1. You have to list everyone in the household, that includes the children.

2. You basically have to call and then fax equifax so they'll issue you a letter: https://learn.simplecitizen.com/immigration-support/getting-a-credit-report-for-form-i-944/

Otherwise your mother can attach a sworn statement stating that she does not have a credit score: https://citizenpath.com/faq/no-credit-report-i-944/

Thank you so much! That was extremely helpful. I really appreciate it! 😃