January 2023 - AOS Filers

[PNWUnited 15]

6 hours ago, nghsbf said:

i-485 approved today! So much quicker than I was expecting, pretty shocked to be honest, but obviously delighted.

 

Filed: January 10th

RFE: January 31st (RFE for further tax information from spouse)

RFE response: February 23rd

Transferred to Burlington, VT office: March 24th

Approval: April 5th

Woohoo! Congrats!!! 🎉 

Was the RFE tax info for 2022 taxes? I was how it was going to play out for all those that just filed their 2022 taxes after submitting the packet.  

[nghsbf 22]

1 hour ago, PNWUnited said:

Woohoo! Congrats!!! 🎉 

Was the RFE tax info for 2022 taxes? I was how it was going to play out for all those that just filed their 2022 taxes after submitting the packet.  

Thanks! As near as we could tell, yeah, we asked a lawyer what they thought the reason was since we didn't want to mess it up (we'd done everything up until this point by ourselves) and he said he didn't think anything was missing from the packet but to just sent them over our 2022 taxes and that should do it, which it did! Seems a bit daft if you ask me given they had the previous few years, but thankfully it didn't create a huge delay.

[MCOBAQ 26]

On 1/18/2023 at 2:46 PM, centric23 said:

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!

I’m actually a May 2022 filer, but your advice here may have just cleared up something for my husband and I. We just received an RFE for our marriage certificate, which I am sure we included with the I-485/765/131. Seems like maybe they used that certificate when they adjudicated the I-765 last summer and since we only included 1 copy, they don’t have it now that they’re working on the I-485? The decoupling has resulted in a missing marriage certificate for the I-485 now? Seems ridiculous they wouldn’t have scanned it in at some point, but it’s the only logical explanation. They also have asked for my husband’s DS-2053, saying there’s no evidence of him having done the medical exam. Seems like that form would have been in the sealed envelope he turned over on arrival - how would we possibly have it to send to USCIS (then or now)? I have my congressman’s office checking into this - maybe USCIS will look around the file a little harder. 

Edited April 6, 2023 by MCOBAQ

[centric23 95]

14 hours ago, MCOBAQ said:

I’m actually a May 2022 filer, but your advice here may have just cleared up something for my husband and I. We just received an RFE for our marriage certificate, which I am sure we included with the I-485/765/131. Seems like maybe they used that certificate when they adjudicated the I-765 last summer and since we only included 1 copy, they don’t have it now that they’re working on the I-485? The decoupling has resulted in a missing marriage certificate for the I-485 now? Seems ridiculous they wouldn’t have scanned it in at some point, but it’s the only logical explanation. They also have asked for my husband’s DS-2053, saying there’s no evidence of him having done the medical exam. Seems like that form would have been in the sealed envelope he turned over on arrival - how would we possibly have it to send to USCIS (then or now)? I have my congressman’s office checking into this - maybe USCIS will look around the file a little harder. 

I've seen several requests for marriage certificates lately, even with 1 sent along with each form, so they're just super disorganized on their part. Your husband should have gotten a copy of his medical DS-3025 before leaving the country. That's the one you include your AOS packet. Because it's only valid for one year, they might need you to go to a civil surgeon and do a new medical. Bring the one from his home country to your appointment so you don't have to pay for new vaccines and they can just transcribe it for you. It'll cost at least $380.

[MCOBAQ 26]

Just now, centric23 said:

I've seen several requests for marriage certificates lately, even with 1 sent along with each form, so they're just super disorganized on their part. Your husband should have gotten a copy of his medical DS-3025 before leaving the country. That's the one you include your AOS packet. Because it's only valid for one year, they might need you to go to a civil surgeon and do a new medical. Bring the one from his home country to your appointment so you don't have to pay for new vaccines and they can just transcribe it for you. It'll cost at least $380.

Thanks for the reply. We included the DS-3025 (immunization form) with the I-485 packet and do still have a copy if need be. It was submitted within 1 year of the overseas exam. They are saying they did not get a DS-2053 (I’m not getting the numbers transposed lol) - that’s the substantive medical report that we were not given. If it comes to it, there’s a CS close to home and we’ll bring the 3025 to avoid paying for additional vaccines. 

[centric23 95]

3 minutes ago, MCOBAQ said:

Thanks for the reply. We included the DS-3025 (immunization form) with the I-485 packet and do still have a copy if need be. It was submitted within 1 year of the overseas exam. They are saying they did not get a DS-2053 (I’m not getting the numbers transposed lol) - that’s the substantive medical report that we were not given. If it comes to it, there’s a CS close to home and we’ll bring the 3025 to avoid paying for additional vaccines. 

That's a strange request. Did he need a chest x-ray after his original medical?

[MCOBAQ 26]

21 minutes ago, centric23 said:

That's a strange request. Did he need a chest x-ray after his original medical?

Agreed it’s strange, since that form would’ve been in a sealed envelope that we couldn’t open. Yes he did a chest X-ray as part of the exam and we have a CD with those results. 

[centric23 95]

4 minutes ago, MCOBAQ said:

Agreed it’s strange, since that form would’ve been in a sealed envelope that we couldn’t open. Yes he did a chest X-ray as part of the exam and we have a CD with those results. 

I'd recommend calling and speaking with an agent for clarification or contacting the home country to get a copy of that form. You should've been able to keep a copy of all your medicals to mail in for the AOS process.

[atcnaydn 40]

Today our I-485 was approved! Only took 89 days.

 

Date filed: Jan 10

Biometrics scheduled: Jan 28

RFE: Jan 28 (Tax Return)

Biometrics Appointment: Feb 17

RFE: March 28 (Medical)

RFE Response delivered: April 3

I-485 Approval: April 9

Dallas FO

[lidiahxo 32]

On 4/4/2023 at 7:14 AM, Artuicune said:

 

Did either of you receive your card yet? Fingers crossed for you both!

Thanks! We actually got the card 4/1 last Saturday.

[lidiahxo 32]

Hey guys! I just got an RFE for form I-693 despite including the properly completed DS-3025 in my initial packet (yes, I saw it in the scans in my account too!) But, I guess it wasn't enough? To those who got an RFE for the same thing, what did you do? Complete another exam here or resubmit the DS-3025? I'm so tight on money I wish I can avoid the pointless repeat exam but don't want to risk the green card application of course. Thanks

[MCOBAQ 26]

21 minutes ago, lidiahxo said:

Hey guys! I just got an RFE for form I-693 despite including the properly completed DS-3025 in my initial packet (yes, I saw it in the scans in my account too!) But, I guess it wasn't enough? To those who got an RFE for the same thing, what did you do? Complete another exam here or resubmit the DS-3025? I'm so tight on money I wish I can avoid the pointless repeat exam but don't want to risk the green card application of course. Thanks

Hi - We received the same RFE. I asked my congressman’s office to intervene, but the USCIS response was basically “we told them what forms we need in the RFE.” We caved and choose the path of least resistance - redid the exam last Friday. Hopefully it’s a quick approval once we send the results in (along with our marriage certificate, which they also apparently lost). If you can manage the duplicate exam, I’d highly recommend doing it. 

[Crabbypatty 12]

On 3/15/2023 at 12:21 AM, ComboMeal said:

Nope, but I uploaded it into MyUSCIS today.

Isn’t that included by the doctor in the sealed envelope anyways? I thought you’re not supposed to submit anything medical related by yourself since it is all included in the sealed envelope? 

[jp1000 25]

Approved!

 

Filed: 2023-01-23

Biometrics: 2023-02-21

EAD Approved: 2023-02-21

I-485 Approved: 2023-04-29

 

I'm very grateful to this forum, it's been a world class resource.

[Lorca1 4]

HI, 

 

Congrats on everyone that has heard back and been approved. 

 

I have a few questions for you all

 

My i-485 case has changed to Card Is Being Produced (yay). My i-765 still says Finger Prints Were Taken and my i-131 says Expedite Denied

1. I was assuming the card coming my way from i-485 is my EAD card, does that sound correct?

2. What needs approving before I can travel internationally? I was hoping an EAD card would do it, but i'm finding conflicting things online.

 

Thanks