May 2023 - AOS Filers

[Sarge2155 4,590]

Hello May 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 2022 and (optional 2021 , 2020) 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!

 

Edited May 3, 2023 by Sarge2155

[ezk 22]

Hello everyone !

we have just sent our AOS package yesterday! (Phoenix,AZ)
I hope i will hear something soon 🤞🏽

 

[Sarge2155 4,590]

5 minutes ago, ezk said:

Hello everyone !

we have just sent our AOS package yesterday! (Phoenix,AZ)
I hope i will hear something soon 🤞🏽

 

Welcome to the thread, you'll be getting something soon!

[pietrus1 5]

Hi everyone! 

Concurrent filing for AOS, EAD, and AP after marrying on a K1

 

Mailed USPS (Chicago Lockbox): May 1

Delivered: May 2

 

 

Reading the forum after mailing our application I think I might have screwed up by not providing any additional evidence of marital life apart from the marriage certificate (sent 3 copies). 

 

Should we upload evidence such as joint bank account statements, copy of our IDs with matching address, plane tickets for our honeymoon, etc. as soon as we get online access to try to avoid getting an RFE? Thanks for your help!

[Sarge2155 4,590]

3 hours ago, pietrus1 said:

Hi everyone! 

Concurrent filing for AOS, EAD, and AP after marrying on a K1

 

Mailed USPS (Chicago Lockbox): May 1

Delivered: May 2

 

 

Reading the forum after mailing our application I think I might have screwed up by not providing any additional evidence of marital life apart from the marriage certificate (sent 3 copies). 

 

Should we upload evidence such as joint bank account statements, copy of our IDs with matching address, plane tickets for our honeymoon, etc. as soon as we get online access to try to avoid getting an RFE? Thanks for your help!

I do not think you can upload additional info for the AOS since it is not filed online that's only with the N400 you can do that.  You have to mail any additional items in. At this point USCIS knows you have limited marital documents. You'd be better off just waiting and deal with the RFE when and if you get one.

[ezk 22]

1 hour ago, Sarge2155 said:

I do not think you can upload additional info for the AOS since it is not filed online that's only with the N400 you can do that.  You have to mail any additional items in. At this point USCIS knows you have limited marital documents. You'd be better off just waiting and deal with the RFE when and if you get one.

I didn’t know the option of filing online existed. 🥹 

[Sarge2155 4,590]

10 hours ago, ezk said:

I didn’t know the option of filing online existed. 🥹 

For certain forms N400 and I130 those are the only ones I know about, but I'm sure there are others, just not the AOS or ROC.

[pietrus1 5]

15 hours ago, Sarge2155 said:

I do not think you can upload additional info for the AOS since it is not filed online that's only with the N400 you can do that.  You have to mail any additional items in. At this point USCIS knows you have limited marital documents. You'd be better off just waiting and deal with the RFE when and if you get one.

Hi Sarge, thanks for your reply! 

 

I've definitely seen people on this forum saying they've replied to RFEs for their AOS applications by uploading evidence to their online portal (unless I've misunderstood what they were actually saying). I just wasn't sure if the upload option is available prior to getting an RFE and if it would be beneficial to use it in my case. Guess I'll find out soon enough!

[centric23 95]

2 hours ago, pietrus1 said:

Hi Sarge, thanks for your reply! 

 

I've definitely seen people on this forum saying they've replied to RFEs for their AOS applications by uploading evidence to their online portal (unless I've misunderstood what they were actually saying). I just wasn't sure if the upload option is available prior to getting an RFE and if it would be beneficial to use it in my case. Guess I'll find out soon enough!

Once you receive your online access code, you can upload the additional evidence and there are categories for the uploads. For example, at the time of filing, our 2022 tax transcript was not yet available. Once it was, I uploaded it under the affidavit of support section. There's also an unsolicited evidence section if you're looking to provide more proof of your relationship.

[pietrus1 5]

38 minutes ago, centric23 said:

Once you receive your online access code, you can upload the additional evidence and there are categories for the uploads. For example, at the time of filing, our 2022 tax transcript was not yet available. Once it was, I uploaded it under the affidavit of support section. There's also an unsolicited evidence section if you're looking to provide more proof of your relationship.

Thanks for your response! Sounds exactly what I was looking for!

[Sarge2155 4,590]

4 hours ago, pietrus1 said:

Hi Sarge, thanks for your reply! 

 

I've definitely seen people on this forum saying they've replied to RFEs for their AOS applications by uploading evidence to their online portal (unless I've misunderstood what they were actually saying). I just wasn't sure if the upload option is available prior to getting an RFE and if it would be beneficial to use it in my case. Guess I'll find out soon enough!

Well I just learned something then. Didn't know you could do that. It's a good deal then!

[Sarge2155 4,590]

1 hour ago, centric23 said:

Once you receive your online access code, you can upload the additional evidence and there are categories for the uploads. For example, at the time of filing, our 2022 tax transcript was not yet available. Once it was, I uploaded it under the affidavit of support section. There's also an unsolicited evidence section if you're looking to provide more proof of your relationship.

Good deal learned something new. Thanks!

[pietrus1 5]

On 5/3/2023 at 2:50 PM, pietrus1 said:

Hi everyone! 

Concurrent filing for AOS, EAD, and AP after marrying on a K1

 

Mailed USPS (Chicago Lockbox): May 1

Delivered: May 2

Text messages: May 5

 

We received the 3 text messages confirming receipt on May 2 with the case numbers. So far so good!

[Sarge2155 4,590]

1 hour ago, pietrus1 said:

Text messages: May 5

 

We received the 3 text messages confirming receipt on May 2 with the case numbers. So far so good!

Very good let's hope it goes quickly! Oh and welcome to the thread!

Edited May 5, 2023 by Sarge2155

[pietrus1 5]

Concurrent filing for AOS I-485, EAD I-765, and AP I-131 after marrying on a K1

 

Mailed USPS (Chicago Lockbox): May 1

Delivered: May 2

Text messages: May 5

 

Some updates

Check cashed: May 8

2 NOAs: May 9 (NOAs from NBC dated May 4)

 

Sadly, we only received 2 NOAs (for I-765 and I-131). The envelopes were in a pretty nasty state which makes me a bit worried about the NOA for the I-485 (hope USPS didn't lose it/destroy it). Did anyone here had to deal with a similar situation? Should we contact USCIS if we don't get the last NOA in a few days?