Need Guidance for filling with I-485 - Already filed I-130 and I-765

[MBA098 0]

Hello,
I am on F1 visa (doctoral student). Married to US citizen, filed I-130 and I-765 in August 2020. However, I realized that I need to file I-485 too. 

Can somebody tell me if we need to submit I-864 Affidavit of Support too? 

And what are total requirements if I am missing any other requirements then this (I-94, passport pictures, marriage certificate, I-20, joint bank statements, birth certificates, passport copies, visas, receipts of I-765 and I-130. And I-864 now or once I get approval?

Aside from that if I need to file something else too to get green card and work authorization?

Need help 
Thanks
MBA-098

[Timona 4,207]

Here's the link to the complete guide.

 

When you send the rest, make sure you include a copy of the I-130 receipt or else you'll have to pay again. Attach a check of $1225 for the I-485

 

https://www.visajourney.com/guides/i130-spouse-inside-usa/

Edited December 31, 2020 by Timona

[HRQX 4,145]

1 hour ago, MBA098 said:

filed I-130 and I-765 in August 2020. However, I realized that I need to file I-485 too.

What category did you select for I-765 (and did you submit a fee for it)? If you selected (c)(9) then the I-765 you already sent-in would eventually be denied as when you filed there was neither a pending I-485 or a I-485 concurrently sent-in. You'll have to send-in a new I-765. Also, recommended to send-in optional I-131. I-765 and I-131 are free to file if you pay full I-485 fee: https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf

Filing Form I-485 with Forms I-765 and I-131

If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

[Ayrton 965]

1 hour ago, MBA098 said:

Hello,
I am on F1 visa (doctoral student). Married to US citizen, filed I-130 and I-765 in August 2020. However, I realized that I need to file I-485 too. 

Can somebody tell me if we need to submit I-864 Affidavit of Support too? 

And what are total requirements if I am missing any other requirements then this (I-94, passport pictures, marriage certificate, I-20, joint bank statements, birth certificates, passport copies, visas, receipts of I-765 and I-130. And I-864 now or once I get approval?

Aside from that if I need to file something else too to get green card and work authorization?

Need help 
Thanks
MBA-098

How did you file a 765 without a 485? If you are eligible for a different category, then you wasted money. You need to file a 765 with a C9 category along with the 485, so it's free.

 

You have to file a 485, 864, 944, 765 (category C9) and 131. The last two are optional, but there's no downside on doing so.

 

Edited December 31, 2020 by Ayrton

[MBA098 0]

14 hours ago, HRQX said:

 

What category did you select for I-765 (and did you submit a fee for it)? If you selected (c)(9) then the I-765 you already sent-in would eventually be denied as when you filed there was neither a pending I-485 or a I-485 concurrently sent-in. You'll have to send-in a new I-765. Also, recommended to send-in optional I-131. I-765 and I-131 are free to file if you pay full I-485 fee: https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf

Filing Form I-485 with Forms I-765 and I-131

If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

Category was K3-A-9

If I had filed I-485 with I-765 then i-765 fee was waived. But now its not. So, I have to pay for i-485 $1225

Also, there is no need to file the affidavit of support I-864 while filling?

I can see many people recommended I-131?do I have to file it even if I dont have any planned trip outside USA at the moment? So this means if I file it, even im on F1 visa, I can leave the country and come back without any problem?

Regards

Thanks

[MBA098 0]

20 hours ago, Ayrton said:

How did you file a 765 without a 485? If you are eligible for a different category, then you wasted money. You need to file a 765 with a C9 category along with the 485, so it's free.

 

You have to file a 485, 864, 944, 765 (category C9) and 131. The last two are optional, but there's no downside on doing so.

 

My category was  K3-A-9

6. Family-Based Nonimmigrant Categories

K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your admission such as copies of your Form I-94, passport, and K visa.

 

And I-864 is required now?

[HRQX 4,145]

14 minutes ago, MBA098 said:

Category was K3-A-9

That category is only for applicants that entered with K-3 or K-4 visa. If you paid I-765 filing fee you could try asking for refund, but no guarantee.

9 minutes ago, MBA098 said:

And I-864 is required now?

Yes, I-864 is always required for spouse-based I-485 filing. I-864 is filled out by the US citizen. The rest of the following forms are filled out by the immigrant. In general, 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-130 receipt notice, 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-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

I-944 requirement depends on which state you live in, but it's best to send-in regardless since no one knows how the legal "tennis match" will end:

 

14 minutes ago, MBA098 said:

I can see many people recommended I-131?do I have to file it even if I dont have any planned trip outside USA at the moment?

You can answer "As needed" and "TBD" for relevant questions.

Edited December 31, 2020 by HRQX

[Ayrton 965]

31 minutes ago, MBA098 said:

My category was  K3-A-9

6. Family-Based Nonimmigrant Categories

K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your admission such as copies of your Form I-94, passport, and K visa.

 

And I-864 is required now?

You just wasted money if you paid for it. You used a category that doesn't even apply to you since you didn't enter with a K3. I don't even know how they accepted your petition, but it will be denied.

 

Yes, I already told you the forms and the 864 is mandatory, as well as 944.

[MBA098 0]

3 minutes ago, HRQX said:

As Needed

That category is only for applicants that entered with K-3 or K-4 visa. If you paid I-765 filing fee you could try asking for refund, but no guarantee.

Thanks

Alright. So I have to file I-765 again since the previous category was wrong. So what category is right in this scenario (F1 student, now filed I-130).

 

And now iam filing with i-485 $1225 then no need to pay for I-765 this time.will this start my processing time again from now. or will take actual time we applied for I-130 and I-765 in August 2020.

 

Yes, I-864 is always required for spouse-based I-485 filing. I-864 is filled out by the US citizen. The rest of the following forms are filled out by the immigrant. In general, 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-130 receipt notice, 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-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

As Needed

I-944 requirement depends on which state you live in, but it's best to send-in regardless since no one knows how the legal "tennis match" will end:

If we are filing I-485 then do we have to file for self sufficiency form I-944 aswell?  right now I dont work. so can I skip this?

 

You can answer "As needed" and "TBD" for relevant questions.

Not sure where I have to write this

 

[HRQX 4,145]

11 minutes ago, MBA098 said:

Not sure where I have to write this

On Form I-131 put TBD for "Date of Intended Departure" and As needed for "Expected Length of Trip." You can either handwrite it or input it with 3rd party PDF software.

11 minutes ago, MBA098 said:

If we are filing I-485 then do we have to file for self sufficiency form I-944 aswell?  right now I dont work. so can I skip this?

Doesn't matter if you currently don't work. Still submit it.

11 minutes ago, MBA098 said:

Alright. So I have to file I-765 again since the previous category was wrong. So what category is right in this scenario

"(c)(9)( )" AOS applicant

11 minutes ago, MBA098 said:

And now iam filing with i-485 $1225 then no need to pay for I-765 this time.will this start my processing time again from now. or will take actual time we applied for I-130 and I-765 in August 2020.

Processing starts from now for I-765, I-485, and I-131.

Edited December 31, 2020 by HRQX

[Ayrton 965]

3 hours ago, MBA098 said:

 

You will file:

 

- I-485

- I-864 (Signed by your spouse. If your spouse doesn't make enough to support you, you must find a joint sponsor. Both your spouse and and the joint sponsor will fill out a 864 each.

- I-944 (you, the immigrant, fill out this form.

- I-765 (C9 category)

- I-131 (no need for specific dates)

 

Without your 485, it doesn't matter when you filed I-130. The processing time for the AOS Interview will start when they receive your 485.

 

Also forget about the first 765. They will be denied.

 

Edited January 1, 2021 by Ayrton

[Timona 4,207]

On 12/31/2020 at 8:17 PM, Ayrton said:

You will file:

 

- I-485

- I-864 (Signed by your spouse. If your spouse doesn't make enough to support you, you must find a joint sponsor. Both your spouse and and the joint sponsor will fill out a 864 each.

- I-944 (you, the immigrant, fill out this form.

- I-765 (C9 category)

- I-131 (no need for specific dates)

 

Without your 485, it doesn't matter when you filed I-130. The processing time for the AOS Interview will start when they receive your 485.

 

Also forget about the first 765. They will be denied.

 

 

This

 

And add I-693 and I-130A to it. 

 

And if you don't know about the process, ask questions. 

Edited January 4, 2021 by Timona

[HRQX 4,145]

15 minutes ago, Timona said:

and I-130A to it.

OP should have already attached it with I-130 filing. I-130A is part of I-130 spouse filing.

[MBA098 0]

On 1/4/2021 at 11:30 AM, Timona said:

 

This

 

And add I-693 and I-130A to it. 

 

And if you don't know about the process, ask questions. 

So, is it required to submit I-693 or we can submit in later stage?

 

Also, when I-130 is pending, where we file the I-485 packet? I cant find option for that here  https://www.uscis.gov/i-485-addresses

[HRQX 4,145]

15 minutes ago, MBA098 said:

Also, when I-130 is pending, where we file the I-485 packet? I cant find option for that here  https://www.uscis.gov/i-485-addresses

It's the first one, "Chicago Lockbox." Remember to include a copy of I-130 receipt notice.

16 minutes ago, MBA098 said:

So, is it required to submit I-693 or we can submit in later stage?

You can submit it later if you want: 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.