December 2022 - AOS Filers

[Fil&Em 285]

2 hours ago, mashtates said:

Lol, I was curious so I looked, the agent did not seem to care at all 😅 they were pretty chill.

 

thank you so much for that info! That is a bit more reassuring. I didn’t have any “red” so hopefully it’s all good 

Yes. Apparently they ask you to look the other way because if you see you may have an inclination to "help" the fingerprinting and that can distort the natural flow of the rolling the finger in the machine.

[Shay2022 9]

On 12/7/2022 at 8:08 AM, KSVJ said:

Hello December 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!

Thank you. My PD is December 19. Already received my receipts in the mail. Now waiting on my online access code. 

[Fil&Em 285]

Got my approval last night at 2am ET for the EAD!

[mashtates 25]

2 hours ago, Fil&Em said:

Got my approval last night at 2am ET for the EAD!

I also just got approved for the EAD! That was fast. Was hoping for the combo card of EAD/AP,  but oh well.

[Emerick 32]

18 minutes ago, mashtates said:

I also just got approved for the EAD! That was fast. Was hoping for the combo card of EAD/AP,  but oh well.

Oh wow!! Congrats to all that was fast!! I pray ours is just as fast

[Emerick 32]

Someone advised me they applied for their SSN right after the wedding and said they told him it would arrive within two weeks. Has anyone else done this?

[Fil&Em 285]

15 minutes ago, Emerick said:

Someone advised me they applied for their SSN right after the wedding and said they told him it would arrive within two weeks. Has anyone else done this?

I applied a week after arrival, not married yet, and it got delivered a few days after.

[Emerick 32]

1 hour ago, Fil&Em said:

I applied a week after arrival, not married yet, and it got delivered a few days after.

I read on the SSN website that you had to have your EAD or a written reason for a SSN. Should we apply for it or wait for it to come with the EAD

[Fil&Em 285]

9 minutes ago, Emerick said:

I read on the SSN website that you had to have your EAD or a written reason for a SSN. Should we apply for it or wait for it to come with the EAD

I wasn’t asked for any. I went to a SSA with passport/visa, I-94 and my A-number and they did it for me. The SSN is restricted, so you can’t use it for work until you have your EAD, but it is helpful for bank account and other stuff.

[JanaV 36]

16 hours ago, Emerick said:

I read on the SSN website that you had to have your EAD or a written reason for a SSN. Should we apply for it or wait for it to come with the EAD

I applied two weeks after arrival prior to marriage. All they needed was my I-94 and my passport. After that it arrived in about 5 days with no problems. Definitely recommend getting it sooner than later because it truly helps with a lot of things (at least that was my case)

[Emerick 32]

Thank you all, now I know how to advise others about it, since we already sent our packet we will just wait for the unrestricted SSN to be sent along with the EAD

[joaovily 10]

Sent my AOS package on December 20

Delivered on December 27

Waiting for texts messages.

Had to refile it after getting rejection notice because of outdated forms

Called USCIS today to see if they had any information linked to the receipt notice included in the rejection letter but no luck

Money order hasn't been cashed yet

I'm hoping that by next week they will have at least cashed the check, don't want to go through refiling it again, the whole process takes 2 weeks or more.

[Emerick 32]

On 12/26/2022 at 8:52 AM, mashtates said:

It will come in the mail separately likely in a few days. If not, someone in the November thread posted this link to request an online access code:  https://my.uscis.gov/account/v1/needhelp

 I actually tried it and got a reply the next day with the access code, but my physical copy ended up showing up in the mail that day anyway.

 

Thanks for posting this link, because my husband signed up for the USCIS account over a year ago and he never got any access code and we had no idea we would need one until this forum🤦🏽‍♀️😂

[JanaV 36]

Finally received my NOA’s and bio appointment in the mail today. Hoping for the ultra speed approval on EAD after biometrics, keeping our fingers crossed. 

[M&L🇺🇸 41]

Hello everyone, I got my Employment Authorization Document (EAD) approved too a day after my biometrics were taken. I am located in Los Angeles, California. This is my timeline:

• 12/02/2022: USCIS texted me the NOA1 receipt for combo application received
• 12/05/2022: NOA1 received in my mailbox (of the three forms)
• 12/10/2022: Biometrics appointment scheduled
• 12/29/2022: Biometrics taken
• 12/30/2022: EAD case approval issued by USCIS

Seems December is a game changer for USCIS! I hope they keep up with this timelines so that everyone can get their case approved faster.