June 2023 - AOS Filers

[Sarge2155 4,587]

Hello June 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!

[Ruben218 5]

Hi, I’m about to apply for AOS for my spouse that came in on a K1 visa. Actually I applied 2 weeks ago but received a rejection “I-485 priority date could not be established”. I am guessing I made a mistake in part 2) 1.a I checked immediate relative but she came in on a K1, I’m guessing I should of entered the person admitted on a k1 box, but how do I make sure the box labeled “priority date” is correct? What is the priority date I should enter there so I can resubmit my I-485 asap. 

[Sarge2155 4,587]

1 hour ago, Ruben218 said:

Hi, I’m about to apply for AOS for my spouse that came in on a K1 visa. Actually I applied 2 weeks ago but received a rejection “I-485 priority date could not be established”. I am guessing I made a mistake in part 2) 1.a I checked immediate relative but she came in on a K1, I’m guessing I should of entered the person admitted on a k1 box, but how do I make sure the box labeled “priority date” is correct? What is the priority date I should enter there so I can resubmit my I-485 asap. 

I don't think that box applies to you! And yes you should have checked the K1 box!

Edited June 4, 2023 by Sarge2155

[Chancy 6,241]

On 6/3/2023 at 6:31 PM, Ruben218 said:

how do I make sure the box labeled “priority date” is correct? What is the priority date I should enter there so I can resubmit my I-485 asap.

 

Use the receipt date of your I-129F package.  Your VJ timeline says that's "2020-05-18".  (Thank you for filling out your timeline!)

 

[Scott-Ilyn 81]

Hi.  We are K2 filers whose kids (Follow to Join) came from the Philippines on May 31.  We applied for AOS, EAD, and AP on June 6.  We haven't received the NOA1 forms yet.  Good luck to everyone..

[Scott-Ilyn 81]

Received case numbers for K2 Kids AOS on 6/18/2023 (received date is 06/06)

[Californiansunset 336]

Hey joining this forum for my friend who I helped with the AOS from an F1.

We send off her application and it was received yesterday according to the tracking. How fast should she get a text notification from her G-1145? 

[Crazy Cat 41,851]

1 minute ago, Californiansunset said:

Hey joining this forum for my friend who I helped with the AOS from an F1.

We send off her application and it was received yesterday according to the tracking. How fast should she get a text notification from her G-1145? 

G-1145 is not important.  She needs a hard copy I-797 receipt.  

[Californiansunset 336]

2 minutes ago, Crazy Cat said:

G-1145 is not important.  She needs a hard copy I-797 receipt.  

How long is that currently taking to get that? And what happens if the check has the wrong amount of money? 

[Crazy Cat 41,851]

9 minutes ago, Californiansunset said:

How long is that currently taking to get that? And what happens if the check has the wrong amount of money? 

The package will, likely, be rejected for incorrect payment.  An I-797 receipt could take 2-4 weeks.

[centric23 95]

1 hour ago, Californiansunset said:

Hey joining this forum for my friend who I helped with the AOS from an F1.

We send off her application and it was received yesterday according to the tracking. How fast should she get a text notification from her G-1145? 

Text messages came the same day post office marked it delivered, then physical letters came the week after.

[Californiansunset 336]

On 6/21/2023 at 10:58 AM, Crazy Cat said:

The package will, likely, be rejected for incorrect payment.  An I-797 receipt could take 2-4 weeks.

Thank you! I realized the check was in the correct amount. Just had a slight heart attack when I saw the amount of the first post in this forum but I think that was adjusting from a K1. She’s adjusting from an F1-Student Visa so she had to pay for both I-130 and I-485 so her check was $1760 🙂

[pulpopol 2]

Hi all, adding our dates to help out. VisaJourney has helped us a ton.

06/05/2023 Sent package (i-485/i-765/i-131)
06/07/2023 Case received
06/21/2023 Check cashed

06/23/2023 Biometrics scheduled (for 07/14/2023)

 

 

[pulpopol 2]

07/12/2023 RFIE -  "The petitioning sponsor on Form I-864, Affidavit of Support, must be a United States citizen, United States National, or Lawful Permanent Resident of the United States. Submit evidence of the petitioning sponsor’s status."
07/14/2023 Biometrics Completed - Case now showing actively processing
07/14/2023 Submitted Passport and Birth Certificate online to answer the RFIE

[Julie865519 6]

hi everyone  

hope y'all doing great

 

anyone with same situation with me? already 100 days since reponse RFE, already get number for service request

30 business days due to 13 November for service request

but til now i still didnt get reviewing from officers

 

fo : wash DC

military spouse

 

any suggestion or tips please? it would be helpful and i appreciate it a lot