Marriage Based AOS from F1 Packet Review

[svm3366 0]

Hi All,

 

My wife (USC) and I (on valid F1 status on STEM OPT) are applying to adjust my status soon. I wanted some help on reviewing my AOS packet for concurrent filing of I485 and I130.

 

I have attached the contents from my cover letters for both forms and the contents that I have included for evidence of bona fide Marriage, would appreciate some help if someone could let me know if something is missing/not needed. Or just any other suggestions are welcome too.

 

I-485

 

1. A Check for the amount of $1225;
2. Completed form G-1145, e-Notification of Application/Petition Acceptance;
3. Form I-485 (Adjustment of Status Application) signed by the beneficiary, along with the following supporting documents:
   1. 2 Passport-style color pictures of the beneficiary
   2. Copy of Marriage Certificate;
   3. Copy of Beneficiary's Birth Certificate;
   4. Copy of Beneficiary's Passport (biography page);
   5. Copy of Beneficiary's Current F-1 Visa Stamp;
   6. Copy of Beneficiary's Old F-1 Visa Stamp;
   7. Copy of Beneficiary's latest I-20;
   8. Copy of Beneficiary's I-94;
   9. Copy of Beneficiary’s STEM OPT EAD Card
   10. Copy of all previous/old I-20’s
4. Sealed Form I-693 – Report of Medical Examination and Vaccination Record
5. Form I-864EZ (Affidavit of Support) signed by the Petitioner, along with the following supporting documents:
   1. Copy of Petitioner’s US Birth Certificate
   2. Copy of Petitioner’s US Passport (biography page);
   3. Copy of Petitioner's Social Security Card
   4. Copy of Petitioner’s IRS Federal Tax Return Transcript for the last 3 years
   5. Copy of Petitioner’s current employment verification letter (as proof of employment)
   6. Copies of Petitioner’s recent pay stubs.
6. Form I-131 (Application for Travel Document) signed by beneficiary, along with the following supporting documents:
   1. 2 Passport-style color pictures of the beneficiary;
   2. Copy of Beneficiary's Passport (biography page)
   3. Copy of Beneficiary's I-94 and travel history;
   4. Copy of Beneficiary's Current F-1 Visa Stamp;
   5. Copy of Beneficiary's Old F-1 Visa Stamp;
   6. Copy of Beneficiary's Latest I-20;
   7. Copy of Beneficiary’s STEM OPT EAD Card
   8. Copy of Beneficiary’s Driver’s License;
7. Form I-765 (Application for Employment Authorization) signed by beneficiary, along with the following supporting documents:
   1. 2 Passport-style color pictures of the beneficiary;
   2. Copy of Beneficiary's Passport (biography page)
   3. Copy of Beneficiary's Birth Certificate;
   4. Copy of Beneficiary's I-94 and travel history;
   5. Copy of Beneficiary's Current F-1 Visa Stamp;
   6. Copy of Beneficiary's Old F-1 Visa Stamp;
   7. Copy of Beneficiary's Latest I-20;
   8. Copy of Beneficiary’s Current STEM OPT EAD Card
   9. Copy of Beneficiary’s Old OPT EAD Card
   10. Copy of all previous/old I-20’s

 

I-130

 

1. A Check for the amount of $535 to cover the filing fee;
2. Completed form G-1145, e-Notification of Application/Petition Acceptance;
3. Form I-130, Petition for Alien Relative;
4. Form I-130A, Supplemental Information for Spouse Beneficiary, for the beneficiary;
5. Copy of Petitioner’s US Passport (biography page);
6. Copy of Petitioner’s US Birth Certificate;
7. Copy of Marriage Certificate;
8. 2 Passport-style color pictures of the Petitioner;
9. 2 Passport-style color pictures of the Beneficiary;
10. Copy of Beneficiary's Birth Certificate;
11. Copy of Beneficiary's passport;
12. Copy of Beneficiary's Current F-1 Visa Stamp;
13. Copy of Beneficiary's Old F-1 Visa Stamp;
14. Copy of Beneficiary's I-20;
15. Copy of Beneficiary's I-94;
16. Copy of Beneficiary's STEM OPT EAD Card;
17. Evidence of Bona Fide Marriage;

 

Evidence of Bona Fide Marriage

 

1.     Joint Financial Accounts:

a.              Joint checking and savings bank account statement

b.              Joint investment bank account statement

c.              Spouse as Beneficiary confirmation letters from investment accounts

2.     Leases: Petitioner and beneficiary have been living together for two years. (attached 2 leases)

3.     Joint Insurance Documents:

a.              Joint Health Insurance for petitioner and beneficiary

b.              Joint Car insurance for petitioner and beneficiary cars

c.              Joint Renters insurance for petitioner and beneficiary

4.     Travel and Accommodation Reservations over the past 5 years - listed about 13 trips 

5.     Email correspondence, letters and calendar invitations over the last 5 years.

6.     Shared Subscriptions:

a.              Amazon Prime

b.              Spotify

7.     Posts: Social media posts of the petitioner and beneficiary over the last 5 years

8.     Pictures of petitioner and beneficiary over the last 5 years:

a.              Engagement shoot photos 

b.              Marriage Ceremony photos

c.              Photos/Selfies from other occasions 

9.    Gift Receipts

10.  Enrollment verification from University showing both Beneficiary and Petitioner attended college at the same time.

 

I also had a few questions about the application: 

1. Do we need to include 1 G1145 per application or for each of the forms

2. I am not including affidavits from people for evidence of bona fide marriage as I thought the amount I have would be sufficient but is there a benefit to including those? 

3. Is there a benefit to including screenshots of chats for evidence of bonafide marriage?

 

Thanks! 

 

 

[Timona 4,208]

I-130A

And you need I-864 not EZ

[svm3366 0]

1 minute ago, Timona said:

I-130A

And you need I-864 not EZ

I have the I-130A in the list for I-130 supporting docs.

Is there a reason you say 864 vs EZ? Because on the USCIS website it says that if the petitioner qualifies for EZ(and we qualify for all the conditions) then they can just use that.

[Rocio0010 5,633]

14 minutes ago, svm3366 said:

I have the I-130A in the list for I-130 supporting docs.

Is there a reason you say 864 vs EZ? Because on the USCIS website it says that if the petitioner qualifies for EZ(and we qualify for all the conditions) then they can just use that.

Social media posts and gift receipts are not solid evidence. Social media posts can be fake, and you a gift receipt doesn’t prove much. You have plenty of other evidence!

Paging @pushbrk. What’s the exact difference between I-864 and I-864EZ?

Edited March 11, 2022 by Rocio0010

[svm3366 0]

1 minute ago, Rocio0010 said:

So your income is not enough. Then you need a joint sponsor. 
You would still be the primary joint sponsor and fill out form i864. Your joint sponsor will fill out another i864. 
Social media posts and gift receipts are not solid evidence. Social media posts can be fake, and you a gift receipt doesn’t prove much. You have plenty of other evidence!

Got it so on 864EZ the petitioner's income is enough to cover it so a joint sponsor is not needed and the other 3 conditions for using 864EZ are also met which are: 

1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored; YES 

2. The relative you are sponsoring is the only person listed on Form I-130; YES 

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employers. YES

so in that case we should be good to use 864EZ right and we don't have to file an additional 864 with it?

 

Noted your point on gift receipts and social media stuff thanks! 

[Rocio0010 5,633]

10 minutes ago, svm3366 said:

Got it so on 864EZ the petitioner's income is enough to cover it so a joint sponsor is not needed and the other 3 conditions for using 864EZ are also met which are: 

1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored; YES 

2. The relative you are sponsoring is the only person listed on Form I-130; YES 

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employers. YES

so in that case we should be good to use 864EZ right and we don't have to file an additional 864 with it?

 

Noted your point on gift receipts and social media stuff thanks! 

I would not bother with an I-864EZ. I would just go straight with an I-864

[pushbrk 13,104]

1 hour ago, Rocio0010 said:

Social media posts and gift receipts are not solid evidence. Social media posts can be fake, and you a gift receipt doesn’t prove much. You have plenty of other evidence!

Paging @pushbrk. What’s the exact difference between I-864 and I-864EZ?

Look at both and read the three conditions for the EZ version. If  they all apply, use it.

[Chancy 6,243]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

[Marieke H 2,523]

Your evidence of bona fide marriage includes a lot of unnecessary "fluff". It looks like you have solid evidence, so items 5-10 here are not necessary. I would exclude this, or limit the amount of evidence in these categories.

 

Affidavits or screenshots of chats are not needed. You have enough strong evidence.

 

[Family 4,197]

Excellent and thorough Checklist , recommend you package as follows: Forms on top, then  only one set of Supporting Evidence.

I-130 (  check for $1,760 and 2 passport photos of Beneficiary/ Petitioner) STAPLED to pg 1

I-130 A

I-485

I-765

I-131 

I-864Z 

Supporting Documents:

Beneficiary Birth Certificate ( w translation)

Legal Entry ( passport , I-94) 

Petitioner US Citizenship ( birth certificate or passport ) 

Marriage Certificate 

Joint Life 

You can eliminate the “old I 20’s” and anything other than your most recent entry/ I 94. You’re solid with the Joint Life docs , thus no affidavits nor screen shots. 
Memo on your Ck I-130/I-485  Combined Process ..thus no chance the packets will be separated in their mailroom .