JULY 2024 AOS FILERS

[The journey 3]

 

Welcome Message copied from October 2023 group)
Hello October 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 Form I-765 from Form 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 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 the 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 explain 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 W2s. 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 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 the successful submission of your AOS packet!

 

[The journey 3]

Filled I-130 online. AOS packet sent with I-486, I-864 and I-765 on 07/13 and delivered to Chicago lockbox on 07/15. No NOA1 as yet. 
 

Any July filers?

[powerpuff 6,438]

Is this K1 visa AOS or another visa?

[OldUser 5,855]

14 hours ago, The journey said:

Filled I-130 online.

Could've filed all forms together for simplicity.

14 hours ago, The journey said:

AOS packet sent with I-486

I hope you mean I-485? Never heard of form I-486.

 

When you submitted I-485, did you include copy of receipt for I-130?

 

Good luck!

Edited July 18 by OldUser

[The journey 3]

Yes I-485 my bad. And I did include a copy of the I-130 receipt. 

[Rose88 3]

Filed my AOS package via FedEx on 7/9/24. AOS package delivered 7/11/24. Text notification that forms accepted on 7/16/24, with checks cashed for all forms on 7/17/24. Waiting on NAO vial mail for all forms.

[Rose88 3]

On 7/20/2024 at 8:52 AM, Rose88 said:

Filed my AOS package via FedEx on 7/9/24. AOS package delivered 7/11/24. Text notification that forms accepted on 7/16/24, with checks cashed for all forms on 7/17/24. Waiting on NAO via mail for all forms.

Received NOAs via mail today, 7/22/24.

On 7/17/2024 at 8:19 PM, The journey said:

Filled I-130 online. AOS packet sent with I-486, I-864 and I-765 on 07/13 and delivered to Chicago lockbox on 07/15. No NOA1 as yet. 
 

Any July filers?

What an unusually quiet feed! Where are the July filers?! 

[Gary Rich 235]

7 minutes ago, Rose88 said:

Received NOAs via mail today, 7/22/24.

What an unusually quiet feed! Where are the July filers?! 

Better yet... where are the June filers..😃

[Mari S 5]

Hello, all.

 

Here's our current situation, though not much info to give.

 

Originally filed from abroad as we were aiming to finish this thing as consular processing whilst me (beneficiary) and spouse (sponsor, USC) were living in Denmark. But alas, life had other plans and whilst visiting my husband in the US after we both left Denmark, we opted to go the AOS route due to personal/family reasons. I entered the country as a b2 and fully intending on going home (return ticket, health insurance for a specific number of days, new return ticket, etc.) and I hope they'll understand I was fully planning on going (if you're from southern Brazil you'll understand pinhão season is enough for someone to want to spend the current months down there, not to mention I absolutely love my hometown and winter sun and being there when tourism isn't at its peak making it very hard to get around hehehe).

But enough random babbling!

 

June 5th 2023: i-130 received 

July 16th 2024: i-130 approved

** we have been married since 2018

July 19th 2024: AOS package sent to Chicago lockbox (i485, i864, i765, i131 and i693)

July 21st 2024: delivered to lockbox according to USPS

** no notification from uscis as of yet

 

Will update once I get confirmation. I am trying to get home in the near future as my grandma is having surgery and between her advanced age, heart issues and the fact she's losing her eyesight, I want to try to be there to support her post-op but I also understand i131s are not a priority at all for USCIS. But we couldn't keep postponing putting our application in so we decided to file everything and hope for the best. The i130 wait was super stressful so I am trying to have a different perspective on things now and just be grateful I am here with my spouse and senior dog whom I missed like crazy whilst being in Brazil. I know so many families are so much worse off being apart from their loved ones for many months on end, and others didn't even have a b2 before things kicked off and were denied visitor visas, or even being stuck in the US without the change to see their relatives back home (at least I was in Brazil recently seeing my people). I hope y'all are near family in one way or another and have friends understanding of the process, because that goes a long way. I know this can be a very alienating undertaking and I hope you're getting the support you need!

[1journey 8]

Hello,

 

I have a question about form I-485. My wife came on a K1 and my stepdaughter K2. 

 

I am filling out an I-485 for each one. I have already submitted the I-130 and received the I-797C indicating they received my documents. I received a letter for each person. In each letter, they have their own IOE number. On I-485, Page 4 - under Information About Your Immigrant Category. For my wife, the principal applicant, I applied her receipt number. However, for my stepdaughter's I-485, do I add HER IOE number in Part 2 #3? Or, do I leave it blank and complete the information for the derivative applicant?

 

Thank you.

[powerpuff 6,438]

42 minutes ago, 1journey said:

Hello,

 

I have a question about form I-485. My wife came on a K1 and my stepdaughter K2. 

 

I am filling out an I-485 for each one. I have already submitted the I-130 and received the I-797C indicating they received my documents. I received a letter for each person. In each letter, they have their own IOE number. On I-485, Page 4 - under Information About Your Immigrant Category. For my wife, the principal applicant, I applied her receipt number. However, for my stepdaughter's I-485, do I add HER IOE number in Part 2 #3? Or, do I leave it blank and complete the information for the derivative applicant?

 

Thank you.

Why did you file I-130 if your wife entered on K1? 

[1journey 8]

On 8/2/2024 at 7:02 PM, powerpuff said:

Why did you file I-130 if your wife entered on K1? 

 

Good question. Was I not supposed to submit an I-130 for a K-1 visa?

[powerpuff 6,438]

4 minutes ago, 1journey said:

 

Good question. Was I not supposed to submit an I-130 for a K-1 visa?

Not if you married within the 90 days.

[1journey 8]

5 minutes ago, powerpuff said:

Not if you married within the 90 days.

 

Well, I made a big mistake. We got married a week after entering the US on a K-1 Visa. Will this affect anything from this point forward?

[powerpuff 6,438]

6 minutes ago, 1journey said:

 

Well, I made a big mistake. We got married a week after entering the US on a K-1 Visa. Will this affect anything from this point forward?

I’m not a lawyer but I would withdraw the I-130 and include a short explanation. I-129f would be the underlying petition, not I-130. Shame about the fee though