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Questions About I-485/I-765

Questions About I-485/I-765

Old Jan 10th 2014, 10:15 pm
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Default Questions About I-485/I-765

Hello everyone!
I am new to the site and am hoping to find some helpful answers! Thanks in advance!

Here's my current situation;
I am currently in the US, Louisiana to be exact, with my wife and 6 week old daughter
We got married last summer, and I left a week later, only to return 4 months later for the birth. I am still in the US but am scheduled to leave in February before my VWP runs out.
We have everything ready for the i-130 to send off, but have a few questions first!
We called the USCIS line, and the man we spoke to was helpful to a point (I'm aware of how useless those people basically are in helping). He mentioned that given the fact I'm a spouse who LEFT after we married and then returned, I can in fact apply for the i-485 to adjust status.
I'm just double checking to see if we can, and if we can, would it be better to send them both together in the same envelope to the Chicago lockbox, or can we send the i-130 first, and then send the i-485 when we've got that chunk of cash, given it is before the beginning of February.
I am planned to leave the 1st, so we're trying to figure out how to do this exactly. Planned to just send the i-130, but have heard from quite a few people that it is better to wait to send them both at the same time, even if that means say January 26th (just a thrown out guess).

And lastly, if we do, do I file the i-765, and depending on when to send the other two forms, when do I send that one?

Thanks everyone, I know this was a long one!
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Old Jan 10th 2014, 10:23 pm
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Default Re: Questions About I-485/I-765

Originally Posted by TrueBlue99
He mentioned that given the fact I'm a spouse who LEFT after we married and then returned, I can in fact apply for the i-485 to adjust status.
I'm just double checking to see if we can,
It is illegal to enter the USA with the intention to remain and become a US PR. When you last entered the USA for the birth, what was your intent? If you intended to return home, and have now changed your mind, you can file AOS. Keep in mind that even if that was your true intent, if the officer at your AOS interview believes you had intent to stay, your AOS could be denied and could result in a ban from the USA. Be prepared for the family to go live in the UK if you decide to go down the AOS path. Don't go by what the USCIS mis-information line tells you...have a 1-time consultation with an immigration attorney to understand what risks you take when doing a VWP to AOS path.

...would it be better to send them both together in the same envelope to the Chicago lockbox, or can we send the i-130 first, and then send the i-485 when we've got that chunk of cash, given it is before the beginning of February.
If you decide to go down the AOS path, you should file EVERYTHING together in one package to the Chicago lockbox. This includes the I-485, I-130, I-864, I-765, I-131, and results of full medical exam. Plus whatever backup forms/documentation is required.

And lastly, if we do, do I file the i-765, and depending on when to send the other two forms, when do I send that one?
Everything gets sent all together in one package.

Rene
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Old Jan 10th 2014, 10:27 pm
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Default Re: Questions About I-485/I-765

Your post indicates you need some hand-holding. If you chose not to see an immigration attorney. The "legal aid" people for NOLA are:

Associated Catholic Charities of New Orleans, Immigration Legal Services
1000 Howard Avenue, Suite 600
New Orleans, LA 70113
Phone: 504-523-3755
Fax: 504-523-6962

Hispanic Apostolate, Archdiocese of New Orleans
P.O. Box 19106
3368 Esplanade Avenue
New Orleans, LA 70119
Phone: 504-486-1983
Fax: 504-486-8985

Loyola Law School Clinic
7214 St. Charles Avenue
New Orleans, LA 70118
Phone: 504-861-5590
Fax: 504-861-5440

You may also want to consult with BE member Matt Udall. [Even though he is in Sacramento, his clientele is all over the US]. His prices are quite reasonable. See https://www.facebook.com/pages/Visa-...02934383104962

[Matt cannot be contacted via BE -- he is temporarily banned for the rest of his life].
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Old Jan 10th 2014, 10:32 pm
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Default Re: Questions About I-485/I-765

Originally Posted by Noorah101
It is illegal to enter the USA with the intention to remain and become a US PR. When you last entered the USA for the birth, what was your intent?
My intent was to only stay the 90 days allowed under VWP. It wasn't until today when we spoke with USCIS that I even considered AOS.

In no way, shape, or form do I want to jeopardize being with my family. We were only told to file the I-130, I-485, and I-765 and send it together. I was unaware of the medical examination being send as well, so thank you for mentioning as such. Can I just go to any doctor's office here for that?

Also, on the money order for the i-130, does anyone know what to put on the address line? I know the TO line is US Department of Homeland Security.
Any information anyone can offer on any of this is appreciated.
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Old Jan 10th 2014, 10:34 pm
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Default Re: Questions About I-485/I-765

Originally Posted by S Folinsky
Your post indicates you need some hand-holding. If you chose not to see an immigration attorney. The "legal aid" people for NOLA are:

Associated Catholic Charities of New Orleans, Immigration Legal Services
1000 Howard Avenue, Suite 600
New Orleans, LA 70113
Phone: 504-523-3755
Fax: 504-523-6962

Hispanic Apostolate, Archdiocese of New Orleans
P.O. Box 19106
3368 Esplanade Avenue
New Orleans, LA 70119
Phone: 504-486-1983
Fax: 504-486-8985

Loyola Law School Clinic
7214 St. Charles Avenue
New Orleans, LA 70118
Phone: 504-861-5590
Fax: 504-861-5440

You may also want to consult with BE member Matt Udall. [Even though he is in Sacramento, his clientele is all over the US]. His prices are quite reasonable. See https://www.facebook.com/pages/Visa-...02934383104962

[Matt cannot be contacted via BE -- he is temporarily banned for the rest of his life].

Thank you, but I am in Rayville. It's about thirty minutes from Monroe, Louisiana. (Middle of nowhere basically! LOL)
We have basically little money, and other than the $420 have had to do a fundraiser for anything else!
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Old Jan 10th 2014, 10:39 pm
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Default Re: Questions About I-485/I-765

Originally Posted by TrueBlue99
MyI was unaware of the medical examination being send as well, so thank you for mentioning as such. Can I just go to any doctor's office here for that?
No, you have to go to a USCIS approved civil surgeon. A list can be found at www.uscis.gov. You can search by zip code.

Also, on the money order for the i-130, does anyone know what to put on the address line? I know the TO line is US Department of Homeland Security.
You can leave the address blank. Or, if you're sending ONLY the I-130 towards an immigrant visa (not AOS), you can put the address where you'll be sending the I-130.

Rene
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Old Jan 10th 2014, 10:40 pm
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Default Re: Questions About I-485/I-765

Originally Posted by TrueBlue99
... (I'm aware of how useless those people basically are in helping). He mentioned that given the fact I'm a spouse who LEFT after we married and then returned, I can in fact apply for the i-485 to adjust status.
Just so you know how totally useless "those people basically are", you can apply to adjust status even if you didn't leave after you got married. In other words, the guy had no idea what he was talking about... and that's why any information you get from them can be dangerous - especially if you act on any bad information that you receive from someone you believe is telling you the truth.


We were only told to file the I-130, I-485, and I-765 and send it together.
And an I-131, and two G-325As, and an I-864... plus all the required backup documentation for each of these forms.


Can I just go to any doctor's office here for that?
No. You must go to a USCIS-approved physician. They have a list on their web site.


Also, on the money order for the i-130, does anyone know what to put on the address line?
Leave it blank - it won't matter.

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Old Jan 10th 2014, 10:41 pm
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Default Re: Questions About I-485/I-765

Originally Posted by TrueBlue99
We have basically little money, and other than the $420 have had to do a fundraiser for anything else!
Which raises another question: If you were to do AOS, you'll need a lot more money, as there's the I-485 fee as well. Plus the cost of a full medical exam. Plus, with so little money, how will the USC meet the financial requirement on the I-864 affidavit of support?

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Old Jan 10th 2014, 10:50 pm
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Default Re: Questions About I-485/I-765

Originally Posted by Noorah101
Which raises another question: If you were to do AOS, you'll need a lot more money, as there's the I-485 fee as well. Plus the cost of a full medical exam. Plus, with so little money, how will the USC meet the financial requirement on the I-864 affidavit of support?

Rene
Her uncle is the joint sponsor, and him on his own makes well past the amount required! We know we can do that, so that isn't an issue!

I am aware the fee for the I-485(plus biometrics) totals $1070. I'm assuming the money order is sent for the full amount of $1070?
We have the $420.
So does anyone know any other fees, or the estimate total cost if we went the AOS route?

Also, I'm aware I COULD have did the AOS the first time, but because of circumstances on my end, I had to go back.

Last edited by TrueBlue99; Jan 10th 2014 at 10:51 pm. Reason: typo
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Old Jan 10th 2014, 10:55 pm
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Default Re: Questions About I-485/I-765

Originally Posted by ian-mstm
And an I-131, and two G-325As, and an I-864... plus all the required backup documentation for each of these forms.
What is the I-131 for exactly? I looked it up, but am a bit confused.
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Old Jan 10th 2014, 10:58 pm
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Default Re: Questions About I-485/I-765

Originally Posted by TrueBlue99
What is the I-131 for exactly? I looked it up, but am a bit confused.
The I-131 is for Advance Parole. If you file to adjust your status but end up leaving the US for whatever reason prior to adjudication of your adjustment, it is summarily deemed abandoned - and you'll be stuck outside the US with no way back in... except to start over again and apply for a spouse visa. If, however, you have A/P, then you are allowed to leave the US and return without fear of abandoning your existing adjustment paperwork.

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Old Jan 10th 2014, 11:06 pm
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Default Re: Questions About I-485/I-765

Ah okay, and what type would we file exactly? I see A-F!
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Old Jan 10th 2014, 11:13 pm
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Default Re: Questions About I-485/I-765

Originally Posted by TrueBlue99
Ah okay, and what type would we file exactly? I see A-F!
IIRC, it's D - the one that says applying for AP to return after a temporary trip outside the US (or whatever the wording is). Just so you know, there's no additional charge for either the I-131 or the I-765 as long as you're filing it with your I-485.

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Old Jan 10th 2014, 11:16 pm
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Default Re: Questions About I-485/I-765

Okay, thanks! That helps a lot! I didn't know the I-131 would be 'free' if filed concurrently with the I-485. I looked on the gov site and it is rather confusing. It just says D if my I-485 is pending, which I'm going to take a guess would be correct if I send it all in.
Also, I read we have to also submit the I-485 Supplement A with the I-485?

Last edited by TrueBlue99; Jan 10th 2014 at 11:22 pm.
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Old Jan 10th 2014, 11:25 pm
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Default Re: Questions About I-485/I-765

Originally Posted by TrueBlue99
It just says D if my I-485 is pending, which I'm going to take a guess would be correct if I send it all in.
Correct.


Also, I read we have to also submit the I-485 Supplement A with the I-485?
That doesn't apply to you, so don't use it. You only need the I-485.

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