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I-485 - Couple of clarifications + What to Include

I-485 - Couple of clarifications + What to Include

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Old Feb 22nd 2017, 12:06 am
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Default I-485 - Couple of clarifications + What to Include

Hi, i have filled out my I485 pretty much.

Couple of questions

Current USCIS Status - What would this be? My P1 in my passport expired, but i have the approval notice for a new one (just haven't left the country so its not been processed at an embassy). What would i put in that box?

Directly next to the Current USCIS Status box, it says "expires on" - does this relate to my status? and therefore would be the expiry of the new approval notice? Or is that the date of my already expired my i94? (the box above asks for the i94 number).

Here's what i have down to include so far:

- Check For Filing Fee - $1,140
- Check For Biometrics - $85
- Form I-485
- Copy of Non USC's Birth Cert
- Copy of Non USC's most recent visa (passport page)
- 2 x Passport Photos (name on back in pencil)
- Sealed I-693 - Medical Examination
- Non USC's G325A
- Form I-864 Affidavit of Support From USC Spouse
a) Copy of 2016 Tax Return + W2
b) Copy of 2015 Tax Return + W2
c) Copy of 2014 Tax Return + W2

I'm going through the instructions, and it lists 10. Evidence of Eligibility then lists various things. Since I am applying through adjustment of status, i assume i would fall under the "Based on immigrant petition" category. Since i am filing concurrently i don't have any documents for this yet - would i attach a copy of I-130?

Anything else I'm missing here?

Thanks!
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Old Feb 22nd 2017, 12:21 am
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Default Re: I-485 - Couple of clarifications + What to Include

Originally Posted by CoachMB
Current USCIS Status - What would this be?
The truth!


What would i put in that box?
If you have an approved P-1 extension, you're still in P-1 status.


Directly next to the Current USCIS Status box, it says "expires on" - does this relate to my status?
Yes.


... and therefore would be the expiry of the new approval notice?
Correct.


Since I am applying through adjustment of status, i assume i would fall under the "Based on immigrant petition" category.
Correct.


Since i am filing concurrently i don't have any documents for this yet - would i attach a copy of I-130?
No - because all the paperwork goes in a large envelope and gets sent to the address listed for the I-485. They'll see the I-130 when the package is opened.


Anything else I'm missing here?
Form I-131 and I-765, perhaps.

Ian
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Old Feb 22nd 2017, 12:36 am
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Default Re: I-485 - Couple of clarifications + What to Include

Thanks.

Current USCIS Status - the truth being? my visa class? so simply "P1"?

I131 and I765 being included yes just not listed specifically under the I-485 instructions though, will be coming after.
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Old Feb 22nd 2017, 12:47 am
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Default Re: I-485 - Couple of clarifications + What to Include

Also, instructions don't ask, but should i include the new approval notice as additional evidence? I am including a copy my last (expired) visa.
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Old Feb 22nd 2017, 1:59 am
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Default Re: I-485 - Couple of clarifications + What to Include

Originally Posted by CoachMB
Also, instructions don't ask, but should i include the new approval notice as additional evidence? I am including a copy my last (expired) visa.
Since the instructions don't ask for it, no. Your current status had no bearing on your ability to adjust status based on marriage to a USC.

Rene

Last edited by Noorah101; Feb 22nd 2017 at 2:24 am.
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Old Feb 22nd 2017, 4:19 am
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Default Re: I-485 - Couple of clarifications + What to Include

thank you.

With regards to 'current status' which it also asks for on I765. I'm still a bit unsure wha to put. My actual visa (as in what i have in my passport) is expired. I have the approval notice for the one, but technically it wouldn't be right to say I'm a "p1 visa holder" would it?

Appreciate any further input.
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Old Feb 22nd 2017, 5:52 am
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Default Re: I-485 - Couple of clarifications + What to Include

Yes, it would. Your status is still P-1.

Rene
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Old Feb 22nd 2017, 4:07 pm
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Default Re: I-485 - Couple of clarifications + What to Include

Originally Posted by CoachMB
My actual visa (as in what i have in my passport) is expired.
This is irrelevant. A visa is a travel document... nothing more, nothing less. If it's expired, all it means is that you can't travel to the US and ask permission to enter. An expired visa doesn't change your status. Perhaps you simply don't understand that! You have an approval notice that your status is still valid. That notice trumps the visa. You are still in P-1 status.

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Old Feb 22nd 2017, 4:10 pm
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Default Re: I-485 - Couple of clarifications + What to Include

Originally Posted by ian-mstm
This is irrelevant. A visa is a travel document... nothing more, nothing less. If it's expired, all it means is that you can't travel to the US and ask permission to enter. An expired visa doesn't change your status. Perhaps you simply don't understand that! You have an approval notice that your status is still valid. That notice trumps the visa. You are still in P-1 status.

Ian
I get it, just though that it would maybe not be correct to say "P1 visa holder" as yes I have status but I don't have the actual visa.. visa being the travel document. But just overthinking it it sounds like. Thank you.
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Old Feb 22nd 2017, 4:30 pm
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Default Re: I-485 - Couple of clarifications + What to Include

Originally Posted by CoachMB
... just though that it would maybe not be correct to say "P1 visa holder"...
But you are a P-1 visa holder. The fact that the visa is expired is irrelevant.


I don't have the actual visa..
Yes, you do... and it's in your passport. The fact that the visa is expired is irrelevant... and the question doesn't ask whether or not the visa is expired.

Ian
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