Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

AOS for GC - Questions and Journey

AOS for GC - Questions and Journey

Thread Tools
 
Old Jul 14th 2017, 3:40 pm
  #1  
Long Time Lurker..
Thread Starter
 
Joined: Feb 2013
Posts: 21
hwfd83 is an unknown quantity at this point
Default AOS for GC - Questions and Journey

Hi all,

Been here a while but never really contributed to anything but hoping to get some clarity on a few questions i have before i take the next step in my visa journey!

I am from the UK and a UKC, I originally arrived here on F1 student visa, which went to an OPT extension which in turn became H1b which i am currently on. Earlier this year i married a USC and we are beginning the GC process.

So here is what i have with supporting documents as needed per form; For my wife the USC I130, I864. Myself I130a, I485, I765, I864a, G325a and G1145

My wife doesn't make enough income so we are using my income as holdhold income which explains the I864a.

For the I765 i am currently H1b valid for 2.5 more years but thinking due to some company things going on it would be a good idea for me to submit this "just in case" but i don't want it to replace H1b so what are peoples opinions on this form? Also not sure whether i would be classed as c 9 in the who can apply for this.

Thanks in advance for the help and i look forward to sharing this journey with you all!
hwfd83 is offline  
Old Jul 14th 2017, 3:45 pm
  #2  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,383
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: AOS for GC - Questions and Journey

Your I-485 fee includes the I-765 fee for the employment authorization document and for advance parole (I-131). No discount if you don't file those forms. I say complete them and get the authorizations to work and travel outside of the US. Since you are married your income can be counted on the I-864 affidavit of support. So there is no problem that I can see.
Rete is offline  
Old Jul 14th 2017, 6:59 pm
  #3  
Long Time Lurker..
Thread Starter
 
Joined: Feb 2013
Posts: 21
hwfd83 is an unknown quantity at this point
Default Re: AOS for GC - Questions and Journey

Thanks for the quick reply!

I had forgot about the I-131 being included! Have filled that out now to, thank you!

Would you agree with (C)(9) for the correct eligibility category? Here is the text from it
7. EAD Applicants Who Have Filed for Adjustment of Status
A. Adjustment Applicant--(c)(9). File Form I-765 with a copy of the receipt notice or other evidence that your
Form I-485, Application for Permanent Residence or Adjust Status, is pending. You may file Form I-765 together
with your Form I-485.
Also i put my income onto the I-864 and then filled out separately the I-864a to be safe. Think we have everything in order! Hope so at least!
hwfd83 is offline  
Old Jul 15th 2017, 1:04 am
  #4  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: AOS for GC - Questions and Journey

C9 is correct.

Rene
Noorah101 is offline  
Old Feb 28th 2018, 7:08 pm
  #5  
Long Time Lurker..
Thread Starter
 
Joined: Feb 2013
Posts: 21
hwfd83 is an unknown quantity at this point
Default Re: AOS for GC - Questions and Journey

Sorry to drag this back up but a few things happened that meant i was unable to get this paperwork submitted.

This week i hope to have it all sent off but while updating information on the forms i discovered that one of the forms expires today! Not wanting to get it rejected, do i wait for a new revision or send it anyway? It's the I765 that expires 2/28/2018

Also it seems that some forms are now redundant so here is what i will be submitting, please let me know if you think i've missed anything!

Wife:
Forms:
1. I 130
2. I 864
3. G1145

Evidence copies of:
Marriage certificate
Divorce Papers
Lease agreement
Birth Certificate
Son's Birth Certificate
Passport pictures w/ name

Myself
Forms:
1. I 485
2. I 864a
3. I 765
4. I 131
5. G1145

Evidence copies of:
Current H1b
Previous H1b
Previous I20
I94's
Birth Certificate
Visa stamps and passport
Lease agreement
Passport Pictures
Tax returns
W2

G325a doesn't appear to be required any longer and a few of the forms like I485 needed to be updated.
Hoping that i have this all in order so i can get it filed in the next day or so!

Thanks in advance!
hwfd83 is offline  
Old Feb 28th 2018, 7:27 pm
  #6  
BE Forum Addict
 
BenK91's Avatar
 
Joined: Feb 2015
Location: Denver, CO.
Posts: 1,523
BenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond repute
Default Re: AOS for GC - Questions and Journey

Assuming the postmark is sent on or before the expiration I'd assume it'll be fine.

For peace of mind though I don't think it would be wrong to wait for the new form.
BenK91 is offline  
Old Feb 28th 2018, 7:46 pm
  #7  
Long Time Lurker..
Thread Starter
 
Joined: Feb 2013
Posts: 21
hwfd83 is an unknown quantity at this point
Default Re: AOS for GC - Questions and Journey

Originally Posted by BenK91
Assuming the postmark is sent on or before the expiration I'd assume it'll be fine.

For peace of mind though I don't think it would be wrong to wait for the new form.
That is really what i had thought and i won't get it sent out today.
hwfd83 is offline  
Old Feb 28th 2018, 7:51 pm
  #8  
BE Forum Addict
 
BenK91's Avatar
 
Joined: Feb 2015
Location: Denver, CO.
Posts: 1,523
BenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond reputeBenK91 has a reputation beyond repute
Default Re: AOS for GC - Questions and Journey

Originally Posted by hwfd83
That is really what i had thought and i won't get it sent out today.
If you were to send it out today you'll just get an RFE, nothing to worry about but as I said there's definitely no harm in waiting just for that extra confidence in what you're sending them
BenK91 is offline  
Old Feb 28th 2018, 8:39 pm
  #9  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: AOS for GC - Questions and Journey

Originally Posted by hwfd83
Sorry to drag this back up but a few things happened that meant i was unable to get this paperwork submitted.

This week i hope to have it all sent off but while updating information on the forms i discovered that one of the forms expires today! Not wanting to get it rejected, do i wait for a new revision or send it anyway? It's the I765 that expires 2/28/2018

Also it seems that some forms are now redundant so here is what i will be submitting, please let me know if you think i've missed anything!

Wife:
Forms:
1. I 130
2. I 864
3. G1145

Evidence copies of:
Marriage certificate
Divorce Papers
Lease agreement
Birth Certificate
Son's Birth Certificate
Passport pictures w/ name

Myself
Forms:
1. I 485
2. I 864a
3. I 765
4. I 131
5. G1145

Evidence copies of:
Current H1b
Previous H1b
Previous I20
I94's
Birth Certificate
Visa stamps and passport
Lease agreement
Passport Pictures
Tax returns
W2

G325a doesn't appear to be required any longer and a few of the forms like I485 needed to be updated.
Hoping that i have this all in order so i can get it filed in the next day or so!

Thanks in advance!
The tax returns and W-2s go with the I-864.

I don't think you need to send any proof of joint life together now (such as lease agreement). Bring all that to the AOS interview.

As the intending immigrant, you don't need an I-864a. If your income is needed to meet the financial requirement, your income gets added to your wife's I-864.

Check on www.uscis.gov, on the main page for Form I-765 to see how long the expired forms will be acceptable.

Rene
Noorah101 is offline  
Old Feb 28th 2018, 10:30 pm
  #10  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,383
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: AOS for GC - Questions and Journey

As for the expiration date on the forms, more often than not, forms will remain useable for years after expiration. USCIS does not always update forms but continue to use them.

After your wife and you complete a new I-864 if you are using your income along with hers, then I would post the applications asap. There is no need to wait to see if USCIS updates the forms. If they do, they usually give notice that a form will be updated well in advance of the update.
Rete is offline  
Old Mar 7th 2018, 1:03 pm
  #11  
Long Time Lurker..
Thread Starter
 
Joined: Feb 2013
Posts: 21
hwfd83 is an unknown quantity at this point
Default Re: AOS for GC - Questions and Journey

Appreciate all the help. I had to go back onto the I-864 because i had it filled out incorrectly and had myself filling out the I-864A. Amazing what one little check box can make a difference to!
Have the "keep" pile and the "to mail" pile made, one double check of signatures, payments and everything else and will ship out the whole thing overnight tomorrow! Nerve wracking and exciting at the same time!
hwfd83 is offline  
Old Mar 7th 2018, 2:39 pm
  #12  
BE Enthusiast
 
Joined: Apr 2017
Posts: 901
Maste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond repute
Default Re: AOS for GC - Questions and Journey

Originally Posted by hwfd83
Appreciate all the help. I had to go back onto the I-864 because i had it filled out incorrectly and had myself filling out the I-864A. Amazing what one little check box can make a difference to!
Have the "keep" pile and the "to mail" pile made, one double check of signatures, payments and everything else and will ship out the whole thing overnight tomorrow! Nerve wracking and exciting at the same time!
Hey, I'm also doing AOS from F1 visa. I sent in the EAD form, it does say it expired on the Form, but the USCIS website says they're accepting the current edition, which is that one.

I did the whole checking and double checking business too. Sent mine of the end of last week. Still worried I forgot a signature or something though!

Good luck, hope it all goes smoothly
Maste is offline  
Old Mar 9th 2018, 3:19 pm
  #13  
Long Time Lurker..
Thread Starter
 
Joined: Feb 2013
Posts: 21
hwfd83 is an unknown quantity at this point
Default Re: AOS for GC - Questions and Journey

Originally Posted by Maste
Hey, I'm also doing AOS from F1 visa. I sent in the EAD form, it does say it expired on the Form, but the USCIS website says they're accepting the current edition, which is that one.

I did the whole checking and double checking business too. Sent mine of the end of last week. Still worried I forgot a signature or something though!

Good luck, hope it all goes smoothly
And good luck to you!

Sent off the package and gets there Monday.. waiting begins
hwfd83 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.