October 2022 - AOS Filers

[Sarge2155 4,587]

Hello October 2022 AOS filers another month another round of AOS submissions,  Please be aware that this checklist is NOT all inclusive and you must consult the USCIS website to crosscheck this checklist against/with. The AOS process has been confusing since the pandemic hit, not to mention the added politics. So please I want to stress that you only use this check sheet as a starting point and guide if you will. The USCIS site will be the final guide. Please ensure that you check your forms for the correct versions and editions because if you use the wrong forms USCIS will reject your application and send it back to you. This is easily checked on the USCIS website prior to downloading your forms. You should also ONLY download your forms from the USCIS website.  The current and correct fees can also be ascertained from the USCIS website .

 

Just a side note before we get started  USCIS may decouple Forms I-765 and Form I-131 if filed jointly with Form I-485. Here is the quoted text taken directly from the USCIS website. "To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time. Effective Feb. 1, 2022, when possible, we will adjudicate an applicant's Form I-765 first. If we approve it, we will issue an Employment Authorization Document without any notation about advanced parole. We will adjudicate the Form I-131 separately and if we approve it, we will issue an advance parole document". I know this is old news, but I thought it would be good to include it here for your knowledge.

 

What this means is some people elect to include three (3) copies of their marriage license / certificates one attached to each form (I-485, I-765 and I-131 respectively). I do not know of anyone receiving an RFE for a marriage license/certificate missing on the I-765 or the I-131 since USCIS has started doing this new way of adjudicating the AOS (the marriage license / certificate with form I-485 is required though). This is an age old concern that has been in play before this new way USCIS started adjudicating these forms. Some filers including me when I filed the AOS back in 2019 sent in three (3) copies of their marriage licenses / certificates. I did it then because of peace of mind and there were some RFEs given out for missing licenses / certificates (back then).  USCIS also used to issue Combo Cards, Employment Authorization Document and Advance Parole (EAD and AP combined in the same card). I've seen now where they have issued an EAD without the AP.  Whether you include three (3) copies of your marriage license / certificate is going to be your individual call when you file your AOS.  Having said that let's get into the checklist: 

 

 

AOS Checklist

• Cover Letter listing Table of Contents
• Check Payable to U.S. Department of Homeland Security - $1,225.00 (this includes the Bio-metrics fee) 

 

Form I-485 (completed and signed by non-US Citizen/beneficiary)

• Form G-1145  
• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• Copy of NOA2 Approval letter (from K1 process) 
• I-94 
• Copy of beneficiary's Birth Certificate 
• translation of birth certificate (if needed)
• Certified copy of Marriage License or Certificate
• Passport Photos (2) name written on the back 
• Copy of DS-3025   

 

Form I-864 (completed and signed by USC) (goes with form I-485)

• Proof of USC's citizenship (copy of birth certificate, copy of passport bio page, or other)
•  Current tax year 2021 and (optional 2020 , 2019) Tax Return (with W-2) or Transcripts (transcripts are better if you can get them)
• Employment Verification letter (updated one - not the one used during K1 process) 
• Pay stubs (last 3 months)   

 

Form I-765 (completed and signed by non-US Citizen/beneficiary)

• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• I-94 
• Passport Photos (2) name written on the back 
• Copy of NOA2 (from K1 process)
• Be sure to use the correct filing code of (c)(9) if this code applies to you. The I-765 instructions explains all the codes in detail. If you are filing under a different code (other than (c)(9) the fee for your AOS will not be correct and USCIS will reject your entire packet.

 

Form I-131 (completed and signed by non-US Citizen/beneficiary)

• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• I-94 
• Passport Photos (2) name written on the back 
• Copy of NOA2 (from K1 process    

 

Be sure to double check for the current fees as fees do sometimes increase and they can change on a dime so please check. Additionally, check the forms as listed above i.e., current version and or edition date, there have been many changes to various forms. Consider sending tax transcripts instead of the 1040, and W2's. Also consider preparing a cover letter for each form in addition to the main cover letter. 

Make sure you send long form birth certificates and not the short form.  Hope this helps in your preparation of your AOS. When in doubt ask questions.

 

Please consider filing the I-131 and the I-765 even if you don't think you'll need them right now. You never know what changes your life will have on down the road, so I recommend you file these two forms from the start. There is no extra charge to file them with your AOS and it's better to submit them all at once.  There has been much confusion coming out of USCIS, partly due to Covid-19 and partly self-inflicted. This confusion filters on down to the people filing for AOS. The above listing is subject to change at a moment’s notice so please check, recheck and check again BEFORE you send off your packet for any last-minute changes.

 

 

Congratulations on a successful submission of your AOS packet!

[Qui 82]

09/30 Sent our packet (AOS, EAD, AP) via USPS

10/02 Mark as delivered by USPS 

10/05 Payment reflected as pending on my husband’s account 

10/06 Received three texts from USCIS containing case numbers 

PD: 10/03

State: Maryland

Lockbox: Elgin Lockbox

 

I’ll update once I get my NOA1 in the mail. Hoping I get at least my EAD soon!

Edited October 7, 2022 by Qui

[Alex Alexander 0]

Can I please get the cover letter. 

Thank You.

[Jaydenx 6]

Sent our package off on Thursday 10/13/22. Just entered the waiting game now  
Does USCIS accept submission over the weekend since we sent it off on Thursday? 

[Qui 82]

11 hours ago, Jaydenx said:

Sent our package off on Thursday 10/13/22. Just entered the waiting game now  
Does USCIS accept submission over the weekend since we sent it off on Thursday? 

They should. We sent ours on a Friday and it was marked delivered on a Sunday - the case was created on the next business day which is a Monday. Best of luck!

[Jaydenx 6]

10 hours ago, Qui said:

They should. We sent ours on a Friday and it was marked delivered on a Sunday - the case was created on the next business day which is a Monday. Best of luck!

So our lawyer just sent me a tracking number of the package. The lawyer sent our AOS package off on Thursday 10/13/22 via USPS and now the tracking number indicates "Your item has been delivered and is available at a PO Box at 9:20 pm on October 16, 2022 in CAROL STREAM, IL 60197."  

Does that mean USCIS has not pickup our application yet or they have picked it up? 

[Sarge2155 4,587]

7 hours ago, Jaydenx said:

So our lawyer just sent me a tracking number of the package. The lawyer sent our AOS package off on Thursday 10/13/22 via USPS and now the tracking number indicates "Your item has been delivered and is available at a PO Box at 9:20 pm on October 16, 2022 in CAROL STREAM, IL 60197."  

Does that mean USCIS has not pickup our application yet or they have picked it up? 

It's  there but it has not gotten in the right hands to be processed yet. Give it a few days. Welcome to the thread.

Edited October 19, 2022 by Sarge2155

[Polly3 18]

Hey everyone! 
we sent in our application yesterday but did not include G 1145 in there. Im justing knowing about it now as i read this thread. Is it going to be an issue? 

[Sara Tony 10]

16 hours ago, Polly3 said:

Hey everyone! 
we sent in our application yesterday but did not include G 1145 in there. Im justing knowing about it now as i read this thread. Is it going to be an issue? 

No worries..G1145 is to recive electronic notification about your case via email or texts to your mobile phone...you will receive all notifications by mail regardless of sending G1145 or not....and once you receive your case number you can see any updates through USCIS case status tool. 

[Polly3 18]

11 minutes ago, Sara Tony said:

No worries..G1145 is to recive electronic notification about your case via email or texts to your mobile phone...you will receive all notifications by mail regardless of sending G1145 or not....and once you receive your case number you can see any updates through USCIS case status tool. 

Do you know how long after we will get a response by mail saying they received our application? 

[Sara Tony 10]

1 hour ago, Polly3 said:

Do you know how long after we will get a response by mail saying they received our application? 

It varies..from 3 days up to few weeks 

[BBvisa 0]

Hi everyone! 
 

we sent out package on 10/18/22 and UPS said it was received on 10/20/22, but we have not received the 3 receipt texts from USCIS. I’m starting to worry a little since Everyone I’ve seen has received them in a matter of 2-3 days. 
 

state: Maryland 

lockbox: Elgin, IL

 

i really hope to receive news soon!

Edited October 25, 2022 by BBvisa

[Jaydenx 6]

Hey everyone ! just an update 

 

Got my 4 receipt notices in the mail today. Including one for each form filed I-130, I-485, I-765 and I-131

 

CR1 
PD 10-17-22
National Benefit Center
Sent the package off on Thursday October 13, USCIS received it on Monday 10-17-22 so it's been 13 days
Receipt notice starts with IOE

When will my Alien number be assigned? because it left empty in all 4 NOA1s
Anyway, hope to get NOA2 soon  

[Chancy 6,241]

3 minutes ago, Jaydenx said:

I-130

 

Just checking as this is the AOS from K1 forum -- are you adjusting from K1 visa and did you get married within 90 days of US entry?  If so, there was no need to file I-130.

 

[Jaydenx 6]

49 minutes ago, BBvisa said:

Hi everyone! 
 

we sent out package on 10/18/22 and UPS said it was received on 10/20/22, but we have not received the 3 receipt texts from USCIS. I’m starting to worry a little since Everyone I’ve seen has received them in a matter of 2-3 days. 
 

state: Maryland 

lockbox: Elgin, IL

 

i really hope to receive news soon!

Well, Dont be worried!

It took us 13 days to get the receipt notices in the mail. I have seen other people even got it in 2-3 days. We just can't predict how long it takes this time and day!
Our lawyer didn't include e-Notify paper in our application so we have been waiting anxiously for the receipts.
Yours will come soon, just be patient