February 2023 AOS filers

[Marquise007 1]

Hello February 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 AOSwill 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 AOSpacket!

[St3phsm07 2]

I received 2 texts today acknowledging forms were received…
questions is why 2, each one has a different receipt#. 

[Marquise007 1]

3 hours ago, St3phsm07 said:

I received 2 texts today acknowledging forms were received…
questions is why 2, each one has a different receipt#. 

If you filed form  I 485 and I 765 Theyl be treated as 2 separate filings hence the 2 different receipt numbers. Totally normal 

[Marquise007 1]

I485 and i765 filed in January 

01/31/23 - application rejected and sent back because of expired form i485 

02/01/23- refiled both with usps 

02/02/23- received by USCIS

02/06/23- Received text messages 

02/09/23- received hard copy and access code

02/11/23- biometrics scheduled for 03/01/23

Edited February 12, 2023 by Marquise007

[lidiahxo 32]

Joining this group! We sent our 3 petitions Feb 9, it's scheduled to deliver tomorrow. And so the waiting begins

[China girl 22]

I am filling the form i-485 and i'm a bit confused on what to put as legal name because I have my husbands name as last name on my marriage certificate. Should I put my new name as legal name and then former last name as birth names? Please, I know females filling the form must have gone through this. 

8 hours ago, lidiahxo said:

 

 

[centric23 95]

33 minutes ago, China girl said:

I am filling the form i-485 and i'm a bit confused on what to put as legal name because I have my husbands name as last name on my marriage certificate. Should I put my new name as legal name and then former last name as birth names? Please, I know females filling the form must have gone through this. 

 

Are you the petitioner or beneficiary? 

[China girl 22]

33 minutes ago, centric23 said:

Are you the petitioner or beneficiary? 

I am the female beneficiary 

[Marquise007 1]

3 hours ago, China girl said:

I am filling the form i-485 and i'm a bit confused on what to put as legal name because I have my husbands name as last name on my marriage certificate. Should I put my new name as legal name and then former last name as birth names? Please, I know females filling the form must have gone through this. 

 

Use your new name. Your marriage record you add will show both your old and new name anyways. So Theyl see you’re the same person. 

[China girl 22]

59 minutes ago, Marquise007 said:

Use your new name. Your marriage record you add will show both your old and new name anyways. So Theyl see you’re the same person. 

Okay. Thanks a lot 

[China girl 22]

So, I am filing form i765 together with i485. I am doing AOS from K1 visa. Can you plz help me with part 2 question 27  on form i765 that says what's your eligibility category? 

[lidiahxo 32]

8 hours ago, China girl said:

So, I am filing form i765 together with i485. I am doing AOS from K1 visa. Can you plz help me with part 2 question 27  on form i765 that says what's your eligibility category? 

Eligibility category is c9

[China girl 22]

3 hours ago, lidiahxo said:

Eligibility category is c9

Okay, thank you. 

[lidiahxo 32]

3 petitions sent: 2/9

Fedex shows delivered: 2/14

Texts received with case numbers: 2/16 showing receive date as 2/14

We paid with personal check and the money still hasn't left our account lol. Hopefully we get our account notice in the mail soon

[India_Guy 0]

AoS Applications, with EAD and Advance Parole, sent to Elgin Lockbox via FedEx. USCIS received them on February 13, 2023. No updates yet. Did anyone receive updates on recently filed AoS applications, especially from Elgin Lockbox?