Duplicate evidence for I-765 and I-131

[orionkh 3]

 

I hope you could give me some advice on the following:

 

I am currently in a F-1 student status and married to a USC. I was a J-1 student and subject to the two year foreign residence requirement, but I have complied with it because I have traveled to and stayed in my country 9 times and have accumulated 25 months of physical presence there. So I have documentation to prove to USCIS I have completed it, which I’m going to attach to my I-485. However, I’m not sure if I should duplicate the same documentation for form I-765 and I-131. In the instructions for filing I-131 it says USCIS might reject the application if one is subject to the two years HRR. I wanted to be proactive and submit the same documentation I’ll attach to I-485 for I-765 and I-131. Do you think this is necessary? The USCIS has just announced that they will decouple I-765 from I-131 to facilitate a faster processing time. I also heard that I-765 and I-131 also get separated from my main AOS package. 
 

I would be very grateful if you could give me your two cents on this. 

[orionkh 3]

@pushbrk Your advice is highly appreciated !

[iwannaplay54 985]

My advice (because we did) is file every form as a stand-alone package, even if some of them require the same evidence.

[Timona 4,207]

Satisfy the requirements for each form, even if evidence is duplicate. There is a reason why they have different names. 

Edited March 20, 2022 by Timona

[Family 3,988]

So the I-485 is your Main requested benefit ( end of the rainbow) . Everything else is an underlying app. You only need to submit ONE set of supporting docs, as long as you cover all requirements for each. They are neither treated , nor processed as standalone apps. 

Everyone seems to worry about the fact the various centers process different parts / apps, BUT remember USCIS is now digital and when they “ send “ something to various Service Centers ..they send DIGITAL files, not your neatly prepped duplicate /triplicate paper copies. 
Even pre-digital , USCIS only required ONE set of supporting docs. 

 

So the only thing that happens when you send duplicates/ triplicates of the same is that the Mailroom and then Contract ( non USCIS) staff who have to open/ scan / sort through/ input your initial submission gets a bit more work , and your Adjudication Officer probably grumbles when he has to look at xx pages of duplicates when x is what he needs to review. 
 

You do not get penalized for sending 3 copies of your birth certificate or too many copies of anything else… but it is not required and most certainly futile. 
 

In your case I suggest you add wording to the last page of the I-485 to the effect : I am no longer subject to the 2 year foreign residency condition as I have fulfilled the requirement ( post completion of my program date xxx) and lived in my country of origin xx between xx to xx for a total of 2 years and one month. 
 See attached 

 

The  I-131 doesn’t have a final blank page, so write Addendum to I-131 on a blank paper and write the same thing . 
 

 

[orionkh 3]

1 hour ago, iwannaplay54 said:

My advice (because we did) is file every form as a stand-alone package, even if some of them require the same evidence.

Thank you! 

44 minutes ago, Timona said:

Satisfy the requirements for each form, even if evidence is duplicate. There is a reason why they have different names. 

Thank you!

[orionkh 3]

42 minutes ago, Family said:

So the I-485 is your Main requested benefit ( end of the rainbow) . Everything else is an underlying app. You only need to submit ONE set of supporting docs, as long as you cover all requirements for each. They are neither treated , nor processed as standalone apps. 

Everyone seems to worry about the fact the various centers process different parts / apps, BUT remember USCIS is now digital and when they “ send “ something to various Service Centers ..they send DIGITAL files, not your neatly prepped duplicate /triplicate paper copies. 
Even pre-digital , USCIS only required ONE set of supporting docs. 

 

So the only thing that happens when you send duplicates/ triplicates of the same is that the Mailroom and then Contract ( non USCIS) staff who have to open/ scan / sort through/ input your initial submission gets a bit more work , and your Adjudication Officer probably grumbles when he has to look at xx pages of duplicates when x is what he needs to review. 
 

You do not get penalized for sending 3 copies of your birth certificate or too many copies of anything else… but it is not required and most certainly futile. 
 

In your case I suggest you add wording to the last page of the I-485 to the effect : I am no longer subject to the 2 year foreign residency condition as I have fulfilled the requirement ( post completion of my program date xxx) and lived in my country of origin xx between xx to xx for a total of 2 years and one month. 
 See attached 

 

The  I-131 doesn’t have a final blank page, so write Addendum to I-131 on a blank paper and write the same thing . 
 

 

@Family Thank you for your detailed input. I can see that the other two members suggested I duplicate the supporting document, but I'm more leaning toward doing what you suggested because my proof of compliance with the 2 year foreign residency requirement is 65 pages long. If I duplicate this for I-765 and I-131, it'd make the whole AOS package more than 300 pages long. 

 

When you said I can write at the end of the I-485, did you mean a cover letter? I'm planning to include a cover letter in front of each form. Maybe I can say in the cover letters for I-765 and I-131 something like this: "Please refer to the documented evidence of my compliance with J-1 foreign residency requirement in the attachment to my I-485"?  

 

 

[iwannaplay54 985]

13 minutes ago, orionkh said:

@Family Thank you for your detailed input. I can see that the other two members suggested I duplicate the supporting document, but I'm more leaning toward doing what you suggested because my proof of compliance with the 2 year foreign residency requirement is 65 pages long. If I duplicate this for I-765 and I-131, it'd make the whole AOS package more than 300 pages long. 

 

When you said I can write at the end of the I-485, did you mean a cover letter? I'm planning to include a cover letter in front of each form. Maybe I can say in the cover letters for I-765 and I-131 something like this: "Please refer to the documented evidence of my compliance with J-1 foreign residency requirement in the attachment to my I-485"?  

 

 

Timona has been around awhile, and I have been here 16 years

I-765 and I-131 have attachment lists, with their insteuctionsthey are much shorter than I485.  
All I485 evidence is not required for I-765 and I-131, however each form is a stand alone filing and should be prepared and put together as such.

 

[orionkh 3]

2 minutes ago, iwannaplay54 said:

Timona has been around awhile, and I have been here 16 years

I-765 and I-131 have attachment lists, with their insteuctionsthey are much shorter than I485.  
All I485 evidence is not required for I-765 and I-131, however each form is a stand alone filing and should be prepared and put together as such.

 

@iwannaplay54Thank you for your clarifications! I appreciate the advice you both gave. I'm aware of the required supporting documents for I-765 and I-131 respectively. The documented proof of my HRR is something not required, but I wanted to make sure they won't reject my I-765 or I-131 based on their discovery that I was subject to the two year requirement (if the USCIS looks at each form independently of I-485, they would probably request for evidence, which I also don't want to get into as it would delay the whole process). 

 

Can I ask if you were subject to the two year requirement too? 

[Family 3,988]

I meant write on the form itself on specified page. And in lieu of multiple cover letters , just do ONE for your packet .
It would really be good if you put effort into doing  a simple List / Contents of your packet:

*Forms : I-485/ 1-130/….

* Check for $ 

* 2 passport style photos of Applicant and USC Spouse 

* Birth Cert of Applicant 

* US Passport of USC Spouse 

* Marriage Certificate 

* I-94 / passport copy for Applicant’s most recent date of entry ( it will show ur F-1 so don’t load all ur I 20s) 

*** Evidence of Joint Life 

List all yout stuff one by one w SHORT DESCRIPTION 

* DMV license for Applicant w shared address 

*DMV license for USC Spouse w shared address

and so forth 

 

*** Evidence of  2 yrs Physical Presence in Other Country after Xxx

 

 

 

[Rocio0010 5,579]

Each form has its own requirements for a reason, and that is because they are processed in different processing centers.

I understand your reluctance to duplicate the 65 pages, but would you rather spend more money now on copies and mailing and be approved faster? Or would you rather be hit by a RFE that delays the process because you did not send required documents?

Its a personal choice

2 minutes ago, orionkh said:

Can I ask if you were subject to the two year requirement too? 

I was!

[orionkh 3]

13 minutes ago, Rocio0010 said:

Each form has its own requirements for a reason, and that is because they are processed in different processing centers.

I understand your reluctance to duplicate the 65 pages, but would you rather spend more money now on copies and mailing and be approved faster? Or would you rather be hit by a RFE that delays the process because you did not send required documents?

Its a personal choice

I was!

@Rocio0010Can you share with me how you proved that you have completed the two-year requirement? I only have passport stamps and flight tickets mostly. But because I went home 9 times, I had so many passport pages with the stamps. When I put everything together, it's about 65 pages (including complete copies of my previous and current passport pages). 

 

I was reluctant about attaching the duplicates is because I-765 and I-131 do not ask any questions about whether or not I am subject to the two years requirement. In your experience did you duplicate the evidence to prove you have complied with that two year requirement? 

Edited March 20, 2022 by orionkh

[orionkh 3]

8 minutes ago, Family said:

I meant write on the form itself on specified page. And in lieu of multiple cover letters , just do ONE for your packet .
It would really be good if you put effort into doing  a simple List / Contents of your packet:

*Forms : I-485/ 1-130/….

* Check for $ 

* 2 passport style photos of Applicant and USC Spouse 

* Birth Cert of Applicant 

* US Passport of USC Spouse 

* Marriage Certificate 

* I-94 / passport copy for Applicant’s most recent date of entry ( it will show ur F-1 so don’t load all ur I 20s) 

*** Evidence of Joint Life 

List all yout stuff one by one w SHORT DESCRIPTION 

* DMV license for Applicant w shared address 

*DMV license for USC Spouse w shared address

and so forth 

 

*** Evidence of  2 yrs Physical Presence in Other Country after Xxx

 

 

 

Thank you! It's very helpful to know that I don't have to submit all the copies of my I-20s! I have five I-20s!  Can you clarify what you mean by, 'write on the form itself on specified page?'  

[Rocio0010 5,579]

14 minutes ago, orionkh said:

@Rocio0010Can you share with me how you proved that you have completed the two-year requirement? I only have passport stamps and flight tickets mostly. But because I went home 9 times, I had so many passport pages with the stamps. When I put everything together, it's about 65 pages (including complete copies of my previous and current passport pages). 

 

I was reluctant about attaching the duplicates is because I-765 and I-131 do not ask any questions about whether or not I am subject to the two years requirement. In your experience did you duplicate the evidence to prove you have complied with that two year requirement? 

My situation is different because I went home for around seven years. I included a letter of my then employee back home stating that I was working from xxx to xxx. I did not include flight tickets because I didn’t keep them. I did include passport pages showing the exit stamp.

That I remember, the only form that asks about the two year requirement is the I-485, so included the evidence only in that form. Does the I-131 ask about that too?

[Family 3,988]

The last page of the I-485 is blank and allows you to WRITE IN any additional information pertinent to your claimed eligibility. It insures a record is made for any number of issues , same applies to any other form. 
 

I also encourage you to come up with more than just entry/ exit stamps for your physical presence spent back home. Each trip/ stay should have additional documentation of you being in that country