US Immigration from Ecuador

Starting the group off since I didn t see one made and we just sent off our paperwork today. Copied below from last month s group:

Hello March 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)

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 AOSwill 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 AOSpacket!

Hello Group,

Seeking advice for our 2nd interview, our situation and their request for a co-sponsor which I can't get but also think we don't need one but want to ask Visa Journeys opinion because we don't want to have to wait until a 3rd interview. So first interview we were told that we need to get a co-sponsor but I believe that was because of 3 mistakes that were made.

1)First mistake was our household # was 3 instead of just 2 and my affidavit of support income is for two people, not 3. I'm a small business owner and my net income reported was $24,500 + a new job in 2022 which leads into mistake 2.

2) Forgot to provide evidence/copies of new, job paychecks. Annual income for new job is $32,000.

3) IRS did an adjustment on my 2021 taxes and increased my net income to $26,500 due to an error by my accountant. So my affidavit of support numbers for 2021 is $26,500(business income) + new job of $32,000 for 2022 + business income.

They also want 2020 taxes but I lived in Ecuador for 10-12 months of this year due to Covid, so didn't meet minimum requirements that year. Hopefully they will understand and know that Covid slowed thousands of businesses.

All of our marriage evidence seemed to be approved. They said my income was to low and on the blue form, checked off we needing a co-sponsor and few other easy, fixable tasks. I'm from a very small family and waited an half year to submit my affidavit of support to have enough business profit and also got a w-2 job. Before waiting the 6 months, I researched the co-sponsor possibility amongst my family and friends and no one was warm to the idea.

Million dollar question for 2nd interview. With the mistakes corrected, additional income evidence which was in our online profile but the Ecuador embassy doesn't appear to have access too, new tax increase and my wife now having the experience to possible better explain affidavit of support concerns, would you recommend trying the 2nd interview again without a co-sponsor? Also my wife said her first interviewer was a lady and was very catty with her. Even made a couple sarcastic comments. So hopefully next interview, she gets someone that's more professional in their job. One more thing about our relationship, we do have an age difference but as I mentioned, they seemed to be good with our bona-fide marriage evidence, just not the income.

Thanks for all and any advice.

Hi, this is the only forum I found about the topic. I had my interview on January 20th (one day before a trip) I was approved and they said I could do the Oath Ceremony that day, but I wouldn't be able to travel the next day because of the passport. I told the officer that I won't be back until the end of March. Today I checked my USCIS online account and it says I was scheduled (today) for March 2nd for the Oath Ceremony. I called the number on the notice to reschedule and the lady said I have to send a letter, but what the officer told me is something different. I am afraid the letter won't get there on time (before my appointment March 2nd) and I might run into issues later on. Is there anything else I can do?

While doing form I-485 theres a question about public charge ground of inadmissibility under INA section 212(a)(4). What exactly makes a person subject to that section?