Filing I-485 After K-1 Visa: Questions About Forms and Medical Requirements (Merged threads)

[Summer melody 7]

I've been reviewing the information on the USCIS website, but there's one part that's unclear to me.

 

It says: "If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485."

 

So, if I decide not to file Form I-131 with Form I-485 but only file Form I-765, does this mean I need to file Form I-485 first, wait for the I-797C, and then file Form I-765?

[J.M. 230]

Your quote means if you do not file either (one or both) of those forms simultaneously (concurrently) with your I-485 then you must wait for I-485 receipt number if you decide to file either of them later.  You can file both or either one concurrently with your I-485.

[OldUser 6,633]

3 hours ago, Summer melody said:

I've been reviewing the information on the USCIS website, but there's one part that's unclear to me.

 

It says: "If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485."

 

So, if I decide not to file Form I-131 with Form I-485 but only file Form I-765, does this mean I need to file Form I-485 first, wait for the I-797C, and then file Form I-765?

You cannot file I-765 or I-131 before I-485. You can file those forms either together with I-485 or later (but attach copy of I-485)

Edited September 24 by OldUser

[K1visaHopeful 2,814]

Please complete your VJ timeline!

[Summer melody 7]

17 hours ago, OldUser said:

You cannot file I-765 or I-131 before I-485. You can file those forms either together with I-485 or later (but attach copy of I-485)

Sorry, I may have phrased the question incorrectly. If I'm not filing Form I-131, should I submit Forms I-485 and I-765 together, or should I file I-485 first, wait for the I-797C receipt notice, and then file I-765?

[OldUser 6,633]

5 minutes ago, Summer melody said:

Sorry, I may have phrased the question incorrectly. If I'm not filing Form I-131, should I submit Forms I-485 and I-765 together, or should I file I-485 first, wait for the I-797C receipt notice, and then file I-765?

You can file I-485 and I-765 together. No reason to separate them.

[Summer melody 7]

44 minutes ago, OldUser said:

You can file I-485 and I-765 together. No reason to separate them.

Thank you!

[Summer melody 7]

I arrived in the U.S. on a K-1 visa and married the petitioner (a U.S. citizen). I'm currently filling out the forms and getting a bit confused, so I have several questions:

 

1. Do I need to file the I-130 together with the I-485? I arrived on a K-1 visa and we previously filed I-129F 

 

2. I saw that the document list mentions a certified copy of the marriage certificate.

 

What does "certified copy" mean? Is it a copy notarized by a notary public?

 

3. Do we need to provide evidence of a bona fide marriage (e.g., joint bank accounts, lease agreement) when applying for the I-485?

 

4.  Regarding the Affidavit of Support, should we submit W-2s and 1040s along with IRS tax transcripts? Are tax transcripts required for the past three years or just the most recent year?

Does my husband also need to provide pay stubs and a letter from his employer?

 

5. My DS-3025 , which I received when applying for the K-1 visa, was valid until 09/30/2024 (now expired). Under the vaccination documents section, it says that I voluntarily completed the vaccination requirements as a K Visa applicant.

 

I also have a tuberculosis worksheet and a vaccination documentation worksheet with all the vaccines completed, except for COVID-19 (the U.S.-accepted vaccines weren't available in my country). I’ve since completed the COVID-19 vaccination in the U.S.

 

Should I still submit the I-693 form signed by a civil surgeon, or will my DS-3025, vaccination record, and COVID-19 certificate be sufficient?

 

And, finally.

 

6. I have a question regarding form I-131 (Advance Parole). I understand it is optional.

If I need to travel to my home country in case of an emergency, will I be able to file the I-131 and receive Advance Parole quickly, or is it recommended to file it in advance?

 

Thank you so much. Your assistance is highly appreciated.

[M plus D 57]

20 minutes ago, Summer melody said:

1. Do I need to file the I-130 together with the I-485? I arrived on a K-1 visa and we previously filed I-129F 

If you married within the 90 days, you do not need to file i-130 with your i-485, even if you file for AOS after the 90 days.

 

22 minutes ago, Summer melody said:

2. I saw that the document list mentions a certified copy of the marriage certificate.
 

What does "certified copy" mean? Is it a copy notarized by a notary public?

 

No, there is no reason to get it notarized yourself or such. When you request a copy of your marriage certificate at your issuing authority, they stamp a seal or such on it, thus certifying it.

Note: you are required to add at the very least a photocopy of a certified copy of the marriage certificate. However, if you have extra certified copies, I'd recommend sending one of the original certified copies.

 

30 minutes ago, Summer melody said:

3. Do we need to provide evidence of a bona fide marriage (e.g., joint bank accounts, lease agreement) when applying for the I-485?

Technically, it is not required evidence. However, there are plenty of examples of people being RFE'd for it, because the adjustment is marriage-based.

Add as much as you can when you first file, but do not delay your filing too long over it. You can upload additional evidence later in the online MyUSCIS-account when you have access to it.

 

33 minutes ago, Summer melody said:

4.  Regarding the Affidavit of Support, should we submit W-2s and 1040s along with IRS tax transcripts? Are tax transcripts required for the past three years or just the most recent year?

Does my husband also need to provide pay stubs and a letter from his employer?

Tax Returns and Tax Return Transcripts are only required for the most-recent tax year. There is usually no reason to add it for the other years, because they will judge it based on the most-recent tax year.

In general, USCIS gives the most weight to the Tax Return Transcript, as this shows the IRS (another govenment agency) has actually processed the Tax Return.

My personal list of financial evidence to supply with the i-864, to minimize risk:

• Tax Return of most-recent tax year, including W-2 and/or 1099
• Tax Return Transcript of most-recent tax year
• Last 12 months of pay stubs

There are always little extra things, so be sure to study i-864 instructions properly. Also keep in mind that USCIS is generally not fond of the use of Assets or non W-2 / 1099 income.

 

39 minutes ago, Summer melody said:

5. My DS-3025 , which I received when applying for the K-1 visa, was valid until 09/30/2024 (now expired). Under the vaccination documents section, it says that I voluntarily completed the vaccination requirements as a K Visa applicant.

Your medical abroad is valid for AOS purposes for 1 year after it was performed. If you file within that one year, and your vaccinations were all good, you are exempt from having to add i-693.

If the one year has passed, you must add to your i-485 a fully completed i-693. That means a completely new, full medical by a Civil Surgeon in the US.

 

42 minutes ago, Summer melody said:

I also have a tuberculosis worksheet and a vaccination documentation worksheet with all the vaccines completed, except for COVID-19 (the U.S.-accepted vaccines weren't available in my country). I’ve since completed the COVID-19 vaccination in the U.S.

As long as the DS-3025 was signed off as completed, it is all good. USCIS should have your medical documents already. They receive these from CBP, who have gotten from them from you at your entry into the US on the K-1 visa (through the packet you hand them). Note that you can add your copies of the medical files, but they mostly serve as a subtle reminder to your case adjucator that you have had a medical performed abroad. They will then have to find the original documents in your A-file to exempt you from the i-693.

 

44 minutes ago, Summer melody said:

6. I have a question regarding form I-131 (Advance Parole). I understand it is optional.

If I need to travel to my home country in case of an emergency, will I be able to file the I-131 and receive Advance Parole quickly, or is it recommended to file it in advance?

Yes, i-131 is optional. Yes, it is possible to file for an emergency i-131 (Advance Parole), but the approval chance is very case-specific. I wouldn't dare recommend anything.

It is up to you to decide if you want to file it with AOS or whether to take a chance with emergency AP if it becomes necessary.

[powerpuff 6,697]

*** Threads on I-485 and accompanying docs merged together. Please keep further questions confined to this thread only ***
 

2 hours ago, Summer melody said:

1. Do I need to file the I-130 together with the I-485? I arrived on a K-1 visa and we previously filed I-129F 

If you married within the 90 days, then no.

 

2 hours ago, Summer melody said:

2. I saw that the document list mentions a certified copy of the marriage certificate.

 

What does "certified copy" mean? Is it a copy notarized by a notary public?

Certified copy is issued by the county, it’s basically an official marriage certificate copy. However, you only need a photocopy of the marriage certificate for I-485.

 

2 hours ago, Summer melody said:

3. Do we need to provide evidence of a bona fide marriage (e.g., joint bank accounts, lease agreement) when applying for the I-485?

It’s not required as at this point you don’t have much but I personally think including some if you have would be beneficial.

 

2 hours ago, Summer melody said:

4.  Regarding the Affidavit of Support, should we submit W-2s and 1040s along with IRS tax transcripts? Are tax transcripts required for the past three years or just the most recent year?

Does my husband also need to provide pay stubs and a letter from his employer?

1. No 2. Most recent 3. That would reduce the chances of an RFE so I would include that.

 

2 hours ago, Summer melody said:

Should I still submit the I-693 form signed by a civil surgeon, or will my DS-3025, vaccination record, and COVID-19 certificate be sufficient?

Just the DS-3025 copy. 
 

2 hours ago, Summer melody said:

6. I have a question regarding form I-131 (Advance Parole). I understand it is optional.

If I need to travel to my home country in case of an emergency, will I be able to file the I-131 and receive Advance Parole quickly, or is it recommended to file it in advance?

Not quick at all. Definitely file beforehand

 

 

 

 

[Summer melody 7]

2 hours ago, M plus D said:

If you married within the 90 days, you do not need to file i-130 with your i-485, even if you file for AOS after the 90 days.

 

 

No, there is no reason to get it notarized yourself or such. When you request a copy of your marriage certificate at your issuing authority, they stamp a seal or such on it, thus certifying it.

Note: you are required to add at the very least a photocopy of a certified copy of the marriage certificate. However, if you have extra certified copies, I'd recommend sending one of the original certified copies.

 

Technically, it is not required evidence. However, there are plenty of examples of people being RFE'd for it, because the adjustment is marriage-based.

Add as much as you can when you first file, but do not delay your filing too long over it. You can upload additional evidence later in the online MyUSCIS-account when you have access to it.

 

Tax Returns and Tax Return Transcripts are only required for the most-recent tax year. There is usually no reason to add it for the other years, because they will judge it based on the most-recent tax year.

In general, USCIS gives the most weight to the Tax Return Transcript, as this shows the IRS (another govenment agency) has actually processed the Tax Return.

My personal list of financial evidence to supply with the i-864, to minimize risk:

• Tax Return of most-recent tax year, including W-2 and/or 1099
• Tax Return Transcript of most-recent tax year
• Last 12 months of pay stubs

There are always little extra things, so be sure to study i-864 instructions properly. Also keep in mind that USCIS is generally not fond of the use of Assets or non W-2 / 1099 income.

 

Your medical abroad is valid for AOS purposes for 1 year after it was performed. If you file within that one year, and your vaccinations were all good, you are exempt from having to add i-693.

If the one year has passed, you must add to your i-485 a fully completed i-693. That means a completely new, full medical by a Civil Surgeon in the US.

 

As long as the DS-3025 was signed off as completed, it is all good. USCIS should have your medical documents already. They receive these from CBP, who have gotten from them from you at your entry into the US on the K-1 visa (through the packet you hand them). Note that you can add your copies of the medical files, but they mostly serve as a subtle reminder to your case adjucator that you have had a medical performed abroad. They will then have to find the original documents in your A-file to exempt you from the i-693.

 

Yes, i-131 is optional. Yes, it is possible to file for an emergency i-131 (Advance Parole), but the approval chance is very case-specific. I wouldn't dare recommend anything.

It is up to you to decide if you want to file it with AOS or whether to take a chance with emergency AP if it becomes necessary.

Thank you so much for your detailed response! It helps a lot.

 

I will definitely include some evidence of a bona fide marriage. We have a joint bank account and a lease agreement with my name on it.

 

As far as I understand, my DS-3025 is absolutely fine and I can file it straight away.

 

Do I still need to attach a copy of my recent COVID-19 vaccination record to minimize the chances of being RFE'd? 

[Summer melody 7]

55 minutes ago, powerpuff said:

*** Threads on I-485 and accompanying docs merged together. Please keep further questions confined to this thread only ***
 

If you married within the 90 days, then no.

 

Certified copy is issued by the county, it’s basically an official marriage certificate copy. However, you only need a photocopy of the marriage certificate for I-485.

 

It’s not required as at this point you don’t have much but I personally think including some if you have would be beneficial.

 

1. No 2. Most recent 3. That would reduce the chances of an RFE so I would include that.

 

Just the DS-3025 copy. 
 

Not quick at all. Definitely file beforehand

 

 

 

 

Thank you for the information. I thought I-131 was quick and wanted to avoid having my husband pay the $630 fee.

 

However, it's better to be safe than sorry.

Edited October 2 by Summer melody

[M plus D 57]

21 minutes ago, Summer melody said:

Do I still need to attach a copy of my recent COVID-19 vaccination record to minimize the chances of being RFE'd? 

I did add new records of my continued shots, but I doubt it was necessary to be honest. It's more of a "in case the USCIS adjucator wrongly thinks I needed to finish the shots, this will fix their mistake".

Edited October 2 by M plus D

[Summer melody 7]

3 hours ago, M plus D said:

I did add new records of my continued shots, but I doubt it was necessary to be honest. It's more of a "in case the USCIS adjucator wrongly thinks I needed to finish the shots, this will fix their mistake".

Thanks. Will add it just in case.

[K1visaHopeful 2,814]

9 hours ago, Summer melody said:

Thank you so much for your detailed response! It helps a lot.

 

I will definitely include some evidence of a bona fide marriage. We have a joint bank account and a lease agreement with my name on it.

 

As far as I understand, my DS-3025 is absolutely fine and I can file it straight away.

 

Do I still need to attach a copy of my recent COVID-19 vaccination record to minimize the chances of being RFE'd? 

If your DS3025 is MARKED complete and IS complete, that's all you need (and a PHOTOCOPY of your DS3025 copy should be submitted NOT your original personal copy).

Any vaccines received AFTER your DS3025 are personal and have nothing to do with immigration UNLESS your DS3025 is NOT COMPLETE.

If DS3025 NOT COMPLETE, then your copy of vaccination record received after your panel physician appoint abroad is useless. It must be transcribed to an I693 by a US Civil surgeon in the US if you did not complete your vaccines abroad and your DS3025 is MARKED incomplete OR IS incomplete.

 

You can learn how DS3025s are supposed to look when complete by inserting that word into the VJ search bar. You can also look up the vaccination policy in the USCIS policy manual for understanding. 

 

Explain why you think you need to provide a copy of your recent Covid19 vaccination for clarity.

Edited October 3 by K1visaHopeful