April 2023 - AOS Filers

[Sarge2155 4,588]

Hello April 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,  also be aware that fees are supposed to increase in the near future so please double check before you send your packet off!) 

 

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!

[jc_colin 3]

CONCURENT FILING  I-130 & I-485

02/13/2021 - MARRIED

 

• FORM I-130

04/03/2023 - DATE FILED

 

• FORM I-485

04/03/2023

 

• FORM I-131

04/03/2023

 

• FORM I-765

04/03/2023

 

 

Edited April 11, 2023 by jc_colin

[Noktor 4]

On 4/2/2023 at 6:08 AM, Sarge2155 said:

Consider sending tax transcripts instead of the 1040, and W2's.

I went on the irs website to request my tax transcripts. If i have these, then I won't need to send in my w-2's? Just want to confirm. Or should I still send both to be on the safe side?

On 4/2/2023 at 6:08 AM, Sarge2155 said:

Also consider preparing a cover letter for each form in addition to the main cover letter.

Shouldn't one cover letter be enough when submitting all 3 applications (I-485/I-765/I-131)? I think the USCIS officer's would prefer simplicity to make things more efficient on their end.

[Sarge2155 4,588]

15 minutes ago, Noktor said:

I went on the irs website to request my tax transcripts. If i have these, then I won't need to send in my w-2's? Just want to confirm. Or should I still send both to be on the safe side?

Shouldn't one cover letter be enough when submitting all 3 applications (I-485/I-765/I-131)? I think the USCIS officer's would prefer simplicity to make things more efficient on their end.

Correct if you have your transcript then you won't need w2s, 1040s etc.

Since all three forms are adjudicated separately it make sense to treat them as a stand alone document, but of course it's your choice, just sharing what worked for us. All three forms can and will be removed from the initial package you send to be adjudicated separately!

[Sarge2155 4,588]

20 minutes ago, Noktor said:

I went on the irs website to request my tax transcripts. If i have these, then I won't need to send in my w-2's? Just want to confirm. Or should I still send both to be on the safe side?

Shouldn't one cover letter be enough when submitting all 3 applications (I-485/I-765/I-131)? I think the USCIS officer's would prefer simplicity to make things more efficient on their end.

There is little that is efficient with USCIS, you'll learn that real quick here!

[isurvived 98]

On 4/24/2023 at 2:00 AM, Sarge2155 said:

There is little that is efficient with USCIS, you'll learn that real quick here!

Now I'm scared u don't have enough copies for my spouse

[fenerbahce1907 496]

Anyone got updated for April fillers ? 

[Radiokidd 4]

I hope the wait isn’t long. Glad to be here with others

[M&HH 15]

My husband (adjusting from K-1) concurrently filed his I-485, I-765, and I-131 in mid-April. Biometrics appointment was May 10th. He just got his work authorization approval notice in the mail today (with a notice date of 6/12). He checked online, and the status of the I-765 updated to closed and said the card was processed today (6/20). Hopefully the card arrives soon!

[isurvived 98]

On 6/20/2023 at 8:46 PM, M&HH said:

My husband (adjusting from K-1) concurrently filed his I-485, I-765, and I-131 in mid-April. Biometrics appointment was May 10th. He just got his work authorization approval notice in the mail today (with a notice date of 6/12). He checked online, and the status of the I-765 updated to closed and said the card was processed today (6/20). Hopefully the card arrives soon!

Did you receive your card yet?

[isurvived 98]

Has anyone heard anything regarding i130 ?

[M&HH 15]

22 hours ago, isurvived said:

Did you receive your card yet?

Yes, the card arrived in the mail three days after receiving the notice.

 

Does anyone know if the Social Security Card will arrive soon now that the EAD was issued? We checked the box on the I-1765 for a SSN.

[isurvived 98]

2 minutes ago, M&HH said:

Yes, the card arrived in the mail three days after receiving the notice.

 

Does anyone know if the Social Security Card will arrive soon now that the EAD was issued? We checked the box on the I-1765 for a SSN.

I'm also waiting for my spouse to get his SSN card. We got the card last week

[Marie-Lou 12]

I-765 & I-131 received by USCIS on April 6th along with I-485.

I received the EAD card on July 7th. No SSN card yet. 

I haven't heard anything on I-131 unfortunately, they only say "Case Was Received And A Receipt Notice Was Sent" and nothing else since April, I really hope they approve my AP soon.

Biometrics done on May 1st. 

[M&HH 15]

5 hours ago, Marie-Lou said:

I received the EAD card on July 7th. No SSN card yet. 

Congrats! My husband waited for his SSN card to come, but it never did. I found a PDF on the USCIS website from the SSA that mentions to go to your local office if you don't receive your SSN within 7 business days of receiving the EAD. He went to our office and they had no record of USCIS filing for his SSN, so they processed it that day--received the card 7 days later.

Here's the link: https://www.uscis.gov/sites/default/files/document/flyers/EBE_Flyer_Apply_for_your_Social_Security_Number_While_Applying_for_Your.pdf