Form I-435 and Form I-131(AP)

[Ediye 6]

Hello guys, 

First off, thanks for the good work you all are doing here, providing answers and updating us on your journeys. We are about filing forms (130, 131, 944, 765, 485, 864) and have a few questions and would appreciate it if anyone can help me out. 

 

1. I came in with my B2 visitor visa which expires Feb 2021 and I'm about to file for AOS. There is a part that says those applying for AOS under 215(1) INA must also file I-485 Supplement A form but on the Supplement A instruction and the form itself, the conditions for those who may file Supplement A do not apply to me.

 

2. In filing for AP, I really dont have a travel date in mind but I want to know that if I have an emergency to travel, that I can and also to avoid having to pay a fee for this in future. What are some of the acceptable reasons one can use seeing as there are only 3 grounds for granting this application (humanitarian, educational, employment) and does anyone have a sample of evidence supporting the circumstances arranging the issuance of AP?

 

3. Lastly, in filing Form I-944, since I do not have a credit report nor SSN over here and we dont have those in my home country, am I expected to submit my husband's? Together with the evidence of his IRS transcripts, assets and his liabilities? 

Please help me out if you can. Thank you. 

 

Edited December 17, 2020 by Ediye
Typo

[HRQX 4,145]

1 hour ago, Ediye said:

(130, 131, 944, 765, 485, 864)

I assume it's marriage-based AOS since you mentioned husband. If so then also submit I-130A supplement. I-130 and I-864 are filled-out by the US citizen or LPR petitioner, and the rest of the forms by the immigrant. In general, send the following four packets in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, 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.

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

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

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.

1 hour ago, Ediye said:

the conditions for those who may file Supplement A do not apply to me.

You are correct. Don't submit I-485 Supplement A form.

1 hour ago, Ediye said:

What are some of the acceptable reasons

I-131 is a multi-use form. Explicit reason not required for AP request based on pending AOS. You can put "As needed." And "TBD" in the date field using PDF editor or by hand.

1 hour ago, Ediye said:

am I expected to submit my husband's?

No. Read the instructions: https://www.uscis.gov/sites/default/files/document/forms/i-944instr-pc.pdf "If you do not have a credit report or credit score, provide documentation that demonstrates that you do not have a credit report or score with a credit bureau. You may provide evidence of continued payment of bills if there is no credit report or credit score."

Some examples:

 

Also, your profile says Illinois. It's still unclear how USCIS will respond to a recent court decision about Form I-944. On Dec. 2, the 9th Circuit’s decision vacated (in part) the nationwide E.D. Wash. injunction, thus narrowing this latter's case injunction to just the Plaintiffs of that case.

Edited December 17, 2020 by HRQX

[HRQX 4,145]

10 minutes ago, HRQX said:

the Plaintiffs of that case.

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/02/19-17213.pdf

 

10/11/19 E.D. Wash. https://www.uscis.gov/sites/default/files/document/memos/Washington_v._DHS_injunction.pdf The Plaintiffs of this case are Washington, Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, and Rhode Island.

[Ediye 6]

6 hours ago, HRQX said:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/02/19-17213.pdf

 

10/11/19 E.D. Wash. https://www.uscis.gov/sites/default/files/document/memos/Washington_v._DHS_injunction.pdf The Plaintiffs of this case are Washington, Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, and Rhode Island.

Thanks a lot for your responses. You have been very helpful. 

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.