January 2023 - AOS Filers

[centric23 95]

Hello January 2023 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!

[centric23 95]

Created this thread for my fellow January 2023 AOS filers.

Mailed (Chicago Lockbox): January 10

Delivered: January 13

NOA texts: January 17 acknowledging petition was received January 13

Physical letters: Pending

[lidiahxo 32]

Hey! Question... we are about to file our AOS. Should we submit the beneficiary entire passport? Or just the biographical page and visa/stamp page? Trying to save on paper

[TedsGirl 192]

3 hours ago, lidiahxo said:

Hey! Question... we are about to file our AOS. Should we submit the beneficiary entire passport? Or just the biographical page and visa/stamp page? Trying to save on paper

The biographical page is more than sufficient.

[atcnaydn 40]

Hi everyone! 
 

AOS Package sent (Dallas Lockbox): 01/08

Package delivered: 01/10

Credit card charged: 01/11

Text messages received: 01/12

Paper notice received: 01/17

Good luck to all.

[centric23 95]

1 hour ago, atcnaydn said:

Hi everyone! 
 

AOS Package sent (Dallas Lockbox): 01/08

Package delivered: 01/10

Credit card charged: 01/11

Text messages received: 01/12

Paper notice received: 01/17

Good luck to all.

Welcome!

[TedsGirl 192]

@lidiahxo it doesn’t hurt to include the visa stamp page also. I’m recalling I had to include my I-94 with my package way back when. I did not come on a K1 visa though so hence my additional suggestion🌺

[lidiahxo 32]

14 hours ago, TedsGirl said:

@lidiahxo it doesn’t hurt to include the visa stamp page also. I’m recalling I had to include my I-94 with my package way back when. I did not come on a K1 visa though so hence my additional suggestion🌺

Thank you so much for giving me the suggestion! Yes I am planning to include both of those as well, I wasn't sure if I should put the whole passport or just those pages. But now I decided to just put the bio page/visa and stamp page.  

[atcnaydn 40]

I’ve been reading the November-December forums and it looks like folks are getting their biometrics appointment and EAD approvals within 30 days of filing. I hope January will be similar.

[centric23 95]

12 hours ago, atcnaydn said:

I’ve been reading the November-December forums and it looks like folks are getting their biometrics appointment and EAD approvals within 30 days of filing. I hope January will be similar.

Yes! We just got our biometric appointment notification yesterday.

[slavaskii 886]

12 hours ago, atcnaydn said:

I’ve been reading the November-December forums and it looks like folks are getting their biometrics appointment and EAD approvals within 30 days of filing. I hope January will be similar.

The EAD is highly, highly location-dependent. Some people do get it within 30 days, but the great majority will be waiting up to 9 months for the EAD. It's probably best to check timelines of users in similar locations, rather than those who filed at similar times.

[julybunny 0]

Hi! I'm preparing the forms and the supporting docs hoping to file before the end of this month. Should I include different copies per form even though I'm filing multiple forms at the same time? For example I-485 and I-765 both require I-94. Would it be okay to submit 1 I-94 copy or should I include 2 copies?

Also I was going to make a stack of all the forms at the top and all the supporting docs at the bottom (and color code each form and its supporting docs). Would it be better to build a stack of Form1 - supporting docs for Form1 - Form2 - supporting docs for Form2 - ... ?

 

Thank you!

[centric23 95]

40 minutes ago, julybunny said:

Hi! I'm preparing the forms and the supporting docs hoping to file before the end of this month. Should I include different copies per form even though I'm filing multiple forms at the same time? For example I-485 and I-765 both require I-94. Would it be okay to submit 1 I-94 copy or should I include 2 copies?

Also I was going to make a stack of all the forms at the top and all the supporting docs at the bottom (and color code each form and its supporting docs). Would it be better to build a stack of Form1 - supporting docs for Form1 - Form2 - supporting docs for Form2 - ... ?

 

Thank you!

You have to make copies of each form, so pretty much 3 of everything. Also better to stack the form with the supporting documents.

[julybunny 0]

@centric23

Thank you! 

[Marquise007 1]

Hi everyone, today is 16 days since Elgin lockbox received my package for i485 and i765 but no text or mail received so no receipt numbers 🙁. Is anybody experiencing same ? I call USCIS and they say it’s not in their system. Tracking money order also says order not cashed yet.