Travel before applying for AOS

[lovinglive 24]

4 minutes ago, Loren Y said:

In Las Vegas I sign off on the marriage license,  then I take it to the clerks office and get the license recorded,  then they can issue the marriage certificate that you need for immigration purposes.  Copies are 20 dollars each. Most people get 2 to start. And can always order more online if needed.

OK, so it seems that we definitely need a marriage certificate then.  Thanks for confirming!

[Redro 4,611]

1 hour ago, lovinglive said:

Do we need a marriage certificate for this or a final certified marriage license?  The place where we are going said they normally just sign and certify the original marriage license on the day of the ceremony.  But they also said they will issue a marriage certificate for a fee.

 

And how many copies do we need?

I KNOW YOU WANT TO PROTECT YOUR IDENTITY AND REMAIN ANONYMOUS.

BUT YOUR VAGUE QUESTIONS WON'T LEAD TO GREAT ANSWERS.

Where are you getting married? Which state/county?

If you provide that information someone will be able to tell you EXACTLY WHEN you'll receive the document you need to file the I-485.

Example: In Detroit we received our marriage certificate and copies the same day we got married! But, I am aware other states take up to a month to send the certificate. 

[Rocio0010 5,579]

54 minutes ago, lovinglive said:

OK, so it seems that we definitely need a marriage certificate then.  Thanks for confirming!

Yes, you do need your marriage certificate. Not the marriage license. If you send the license you'll get either rejected, or a RFE.

You only need one original, you keep that and make copies and send them to USCIS. Regardless, I think it's always useful for each spouse to have an original of the certificate each.

[Loren Y 2,755]

1 hour ago, lovinglive said:

OK, so it seems that we definitely need a marriage certificate then.  Thanks for confirming!

Yes,  in some states the license becomes the certificate after it Is recorded,  but the majority issue a whole different piece of paper that you need to use to file.

[lovinglive 24]

On 6/23/2022 at 6:40 PM, Loren Y said:

In Las Vegas I sign off on the marriage license,  then I take it to the clerks office and get the license recorded,  then they can issue the marriage certificate that you need for immigration purposes.  Copies are 20 dollars each. Most people get 2 to start. And can always order more online if needed.

So I just want to confirm that, for the purpose of AOS, you only need one certified copy for the I-485 and one for the I-130?  You don't need any for 864, 131, 765, etc?

[Loren Y 2,755]

4 minutes ago, lovinglive said:

So I just want to confirm that, for the purpose of AOS, you only need one certified copy for the I-485 and one for the I-130?  You don't need any for 864, 131, 765, etc?

You only need 1 original to have on hand, and you send photocopies of the original with all the forms. I sent a copy with the 485, 131,765 because they all get processed at different locations.  You keep the original copy for the interview. 

[lovinglive 24]

2 minutes ago, Loren Y said:

You only need 1 original to have on hand, and you send photocopies of the original with all the forms. I sent a copy with the 485, 131,765 because they all get processed at different locations.  You keep the original copy for the interview. 

OK, so in our case, the original is sent to some government entity to record the marriage.  We got three certified copies.  You're saying we only need to send in a photocopy of the certified copy?

 

Is the 130 processed in the same place as the 485 or should it also include a copy?

[Loren Y 2,755]

18 minutes ago, lovinglive said:

OK, so in our case, the original is sent to some government entity to record the marriage.  We got three certified copies.  You're saying we only need to send in a photocopy of the certified copy?

 

Is the 130 processed in the same place as the 485 or should it also include a copy?

Correct,  a photocopy of the certified copy. I'm not sure on the I130 if you need to send a copy, check the instructions,  but I know for all forms submitted to uscis,  you only send the original if specifically requested. 99 percent of the time you send copied, and keep original for when you attend the interview. 

[lovinglive 24]

36 minutes ago, Loren Y said:

Correct,  a photocopy of the certified copy. I'm not sure on the I130 if you need to send a copy, check the instructions,  but I know for all forms submitted to uscis,  you only send the original if specifically requested. 99 percent of the time you send copied, and keep original for when you attend the interview. 

OK, good, thank you very much for the explanation.

[NikLR 13,227]

On 6/29/2022 at 1:58 PM, lovinglive said:

OK, so in our case, the original is sent to some government entity to record the marriage.  We got three certified copies.  You're saying we only need to send in a photocopy of the certified copy?

 

Is the 130 processed in the same place as the 485 or should it also include a copy?

There are guides for the AOS process from a B2 visa.  Please refer to them.  Please read the instructions for each form and include the items required for EACH form.  Don't assume that one will do for all when the instructions says to include a copy with each form.  

 

Whatever your travel plans are, do not go outside the country before or after marriage without travel authorization. Once you have the NOA1 physical copies in hand, approximately 30 days after filing the I-485 and I-130 simultaneously, then travel within the USA can commence.  

[lovinglive 24]

3 hours ago, NikLR said:

There are guides for the AOS process from a B2 visa.  Please refer to them.  Please read the instructions for each form and include the items required for EACH form.  Don't assume that one will do for all when the instructions says to include a copy with each form.  

 

Whatever your travel plans are, do not go outside the country before or after marriage without travel authorization. Once you have the NOA1 physical copies in hand, approximately 30 days after filing the I-485 and I-130 simultaneously, then travel within the USA can commence.  

Yeah there are a number of people who have posted lists for each form.  And there is also a list under the AOS guide from this website.  There might be one or two forms missing from the lists but then you can try to read the USCIS instructions.

 

Maybe you can address a question I asked in another thread- since you mentioned filing I-485 and I-130 simultaneously.  As you probably know, I-130 can be filed online, while I-485 and its associated forms can only be filed in hard copy.

 

It would be easy to file I-130 online now and then follow up with mailing the I-485 in a day or two.    Do you think that's OK or do you really think they need to be filed simultaneously?

 

 

[Crazy Cat 41,888]

58 minutes ago, lovinglive said:

It would be easy to file I-130 online now and then follow up with mailing the I-485 in a day or two.    Do you think that's OK or do you really think they need to be filed simultaneously?

If you file the I-130 online, make sure you include the I-130 receipt when you mail the I-485 package.

Edited July 4, 2022 by Crazy Cat

[Mike E 11,739]

1 hour ago, lovinglive said:

  .

It would be easy to file I-130 online now and then follow up with mailing the I-485 in a day or two.    Do you think that's OK or do you really think they need to be filed simultaneously?

I don’t see the benefit of two moving parts versus one. 

[lovinglive 24]

2 minutes ago, Mike E said:

I don’t see the benefit of two moving parts versus one. 

The main real benefit is that there are so many "bona fide marriage" documents needed that it will make it a really bulky package. 

 

And also being able to file one or two days earlier.

[Villanelle 4,122]

5 hours ago, lovinglive said:

The main real benefit is that there are so many "bona fide marriage" documents needed that it will make it a really bulky package. 

 

And also being able to file one or two days earlier.

The 130 NOA is not the NOA your spouse will need,  its the 485 NOA. 

 

The 130 is the underlying petition. It establishes a qualifying relationship. The 485 is the form to request a GC, which requires you show you qualify. 

 

Technically you can file the 130 and never move forward with getting a GC. But you can't get a spousal visa/greencard w/o the 130 (or other underlying form). You are allowed to file the 130 and 485 concurrently which means they will be processed simultaneously.  There is no advantage to filing separately that I can think of... As a citizen there is no priority date to be concerned about and I believe mailing one large package is generally cheaper than mailing multiple smaller ones.