help filing I-485

[steve-phuket 10]

8 minutes ago, Jorgedig said:

Yes, she will need the police report from her home country.

do you know where it says that in the I-485 instructions? i don't see it, or on here

 

thanks

[SalishSea 17,829]

Just now, steve-phuket said:

do you know where it says that in the I-485 instructions? i don't see it, or on here

 

thanks

I would think it would be part of the I-130?  Immigrants going through consular processing are required to obtain them, so wouldn't someone adjusting from a B visa have the same requirement?

Edited August 11, 2021 by Jorgedig

[Adventine 3,196]

28 minutes ago, Jorgedig said:

I would think it would be part of the I-130?  Immigrants going through consular processing are required to obtain them, so wouldn't someone adjusting from a B visa have the same requirement?

 

I am also adjusting from a B visa and just finished my AOS interview last week. I was not asked for any police report. I was approved at the end of the interview.

 

[steve-phuket 10]

5 minutes ago, Adventine said:

 

I am also adjusting from a B visa and just finished my AOS interview last week. I was not asked for any police report. I was approved at the end of the interview.

 

great to hear from someone who's done it recently thanks. how long did it take from filing I-485 to the interview?

 

and when you files the I-485, how long did it take for them to get back to you with permission to stay in the US? i was told by USCIS it could take up to 60 days.

 

thanks

 

[Crazy Cat 41,847]

2 minutes ago, steve-phuket said:

i was told by USCIS it could take up to 60 days.

They are correct.  It could take several weeks to receive the receipt for your I-485, which is evidence of your "authorized stay" in the US until the I-485 is either approved or denied.  

[Adventine 3,196]

2 minutes ago, steve-phuket said:

great to hear from someone who's done it recently thanks. how long did it take from filing I-485 to the interview?

 

and when you files the I-485, how long did it take for them to get back to you with permission to stay in the US? i was told by USCIS it could take up to 60 days.

 

thanks

 

 

It took us 4 months from AOS filing to interview. However, I must caution you that my case was extraordinarily fast and I don't exactly know why, either. The typical experience is 1 year or more from the date of filing to the interview. It's best to keep your expectations low. Less stress that way.

 

If by "permission to stay in the US" you mean the proof of your spouse's authorized stay, yes, it may take up to 60 days to get the I-485 receipt notice. However, based on what I've seen in the progress report threads, USCIS is speeding up. I myself received my receipt notices 1 month after I filed. Others have recently reported receiving theirs in two weeks. Your mileage may vary.

 

[steve-phuket 10]

1 minute ago, Adventine said:

 

It took us 4 months from AOS filing to interview. However, I must caution you that my case was extraordinarily fast and I don't exactly know why, either. The typical experience is 1 year or more from the date of filing to the interview. It's best to keep your expectations low. Less stress that way.

 

If by "permission to stay in the US" you mean the proof of your spouse's authorized stay, yes, it may take up to 60 days to get the I-485 receipt notice. However, based on what I've seen in the progress report threads, USCIS is speeding up. I myself received my receipt notices 1 month after I filed. Others have recently reported receiving theirs in two weeks. Your mileage may vary.

 

great info thanks. are you getting through USC spouse also?

[Adventine 3,196]

1 minute ago, steve-phuket said:

great info thanks. are you getting through USC spouse also?

 

Yes, I am.

[HRQX 4,145]

8 hours ago, steve-phuket said:

and we want to file I-485 adjustment of status so we can stay here to get the green card.

I-864 is filled-out by the US citizen, and the rest of the 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, 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.

 

She'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

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.

 

Here is the I-693 courtesy letter: "DO NOT MAIL DOCUMENTS AT THIS TIME."

[Daisy.Chain 317]

9 hours ago, steve-phuket said:

unless my wife goes there in person (not possible). So

Well...it is possible. She COULD go get it. Yes, it would mean waiting in line for immigration like everyone else who didn't ge married on an ESTA, but she COULD go get it. She could wrap up her other affairs at the same time that were undoubtedly left open (since she had planned to return).

 

Be careful that you do not lie to USCIS saying she cannot get one when she actually could. 

 

I haven't heard of anyone being accepted without a birth certificate except in a few extreme cases.

 

I wonder if making an Infopass appointment to go in in person to ask would help. I haven't done one before and couldn't say if they could abswer your questions though.

Edited August 12, 2021 by Daisy.Chain

[Rocio0010 5,579]

10 hours ago, steve-phuket said:

 

Q4) my wife doesn't have a birth certificate. we had her sister to go to the government office where she was born to get a duplicate but they will not do it unless my wife goes there in person (not possible). So I think its possible to use school records, which we have. But USCIS says we have to show proof that the birth certificate is unavailable. How to get proof of a negative? we'll ask the local government to write something official but i doubt they have a form for that.

So does the birth certificate exist? If it does, then it’s not “unavailable “. Just because your wife doesn’t want to go get it it doesn’t mean it’s unavailable. I was in a very similar situation with my own birth certificate (granted, a different country), and I made a note for my dad that said that he was authorized to retrieve it. Have you tried reaching to the Thai embassy and see if they can help? 
USCIS will want to see the bc if it’s available. You’re risking a RFE and longer approval times if you don’t present them with what they want. Also, don’t waste your time calling USCIS. Tier 1 agents are contractors that read off a script. You could get the same info by googling. Tier 2 agents do have more functions than tier 1, but they know nothing about international reciprocity when it comes to documents. 
Also, instructions say to present police records if any. So no police records=nothing to submit there.

[steve-phuket 10]

8 hours ago, ra0010 said:

 Have you tried reaching to the Thai embassy and see if they can help? 
 

every couple of hours for the last few days. no one answers we phone and driving all the way to NYC to see if they are open seems like a long shot.

 

my wife doesn't think she every had one, and her parents are long dead so no one to ask. the only way to find out if a certified duplicate is available is to go to Thailand. even if we were somehow able to fly to Bangkok or Phuket right now, we still couldn't get to her village because travel inside the country is locked down.

 

Edited August 12, 2021 by steve-phuket

[Loren Y 2,755]

4 hours ago, steve-phuket said:

every couple of hours for the last few days. no one answers we phone and driving all the way to NYC to see if they are open seems like a long shot.

 

my wife doesn't think she every had one, and her parents are long dead so no one to ask. the only way to find out if a certified duplicate is available is to go to Thailand. even if we were somehow able to fly to Bangkok or Phuket right now, we still couldn't get to her village because travel inside the country is locked down.

 

My wifes friend who is visiting us here in Vegas right now, said she was able to get a copy of her Thai Birth Certificate at the embassy in Los Angeles,CA. She said you just have to make an appointment at the embassy and show your Thai ID card, and they should be able to arrange a copy, and get it stamped to make it official for you. That would be a local option, and I was able to obtain a copy of my wifes birth certificate when I was in Thailand with a copy of her Thai ID card, and a copy of her House card, and I went to the local government office and was able to get a copy. ( That was an interesting visit to say the least, here I was a foreign national trying to get a copy of a Thai birth certificate). Maybe it depends on the office you go to, but I would try to schedule an appointment online or via phone with the Thai embassy, as they should be able to help you. I have been to, and called the Los Angeles,CA embassy, and the one in Washington,DC when I have done spousal visas, and never had any issues getting a hold of someone. I will be visiting the Los Angeles office in October to renew my spousal visa for Thailand as I plan to return in November. I have never tried dealing with the Thai embassy in New york, so maybe they are harder to get a hold of. Try calling LA or Washington to see if they can help.

[Rocio0010 5,579]

10 hours ago, steve-phuket said:

NYC

There’s one in DC and another one in LA…

[steve-phuket 10]

6 hours ago, Loren Y said:

My wifes friend who is visiting us here in Vegas right now, said she was able to get a copy of her Thai Birth Certificate at the embassy in Los Angeles,CA. She said you just have to make an appointment at the embassy and show your Thai ID card, and they should be able to arrange a copy, and get it stamped to make it official for you. That would be a local option, and I was able to obtain a copy of my wifes birth certificate when I was in Thailand with a copy of her Thai ID card, and a copy of her House card, and I went to the local government office and was able to get a copy. ( That was an interesting visit to say the least, here I was a foreign national trying to get a copy of a Thai birth certificate). Maybe it depends on the office you go to, but I would try to schedule an appointment online or via phone with the Thai embassy, as they should be able to help you. I have been to, and called the Los Angeles,CA embassy, and the one in Washington,DC when I have done spousal visas, and never had any issues getting a hold of someone. I will be visiting the Los Angeles office in October to renew my spousal visa for Thailand as I plan to return in November. I have never tried dealing with the Thai embassy in New york, so maybe they are harder to get a hold of. Try calling LA or Washington to see if they can help.

that is awesome if possible, we'll fly to LA if can do there. i called today but its a Thai holiday. will keep trying, thanks.

 

how long ago did your wife's friend get the birth certificate from LA?