Cover_Drive

Does I-130 require photos?

1 photo each of the petitioner (the USC) and the beneficiary (his/her spouse)?

I read somewhere that I-130 required one photo of each, but I don't see that listed in the AOS package wiki here and don't think the I-130 itself mentions photos. I also searched this forum but couldn't quite find the answer. Was what I read old (or wrong) information?

jeffreyhy

C_D,

What do you mean "I read somewhere ..." ?

Read the I-130 instructions - it's there and it's clear.

Regards, JEff

meauxna

The I-130 mentions photos.

http://www.uscis.gov/files/form/I-130instr.pdf
What Documents Do You Need to Prove Family Relationship?

C. A passport-style color photo of yourself and a passport-style color photo of your husband or wife, taken within 30 days of the date of this petition. The photos must have a white background and be glossy unretouched and not mounted. The dimensions of the full frontal facial image should be about 1 inch from the chin to top of the hair. Using pencil or felt pen, lightly print the name (and Alien Registration Number, if known) on the back of each photograph.

Cover_Drive

Thanks, guys. Knew I'd read it somewhere - should have checked the instructions again.

Next questions:

Is the $355 I-130 filing fee and $340 I-765 fee waived when filing in conjunction with an I-485? The I-130 instructions don't mention this and the I-765 instructions don't mention a waiver for my category which I believe is (c)(9)

The AOS packet will contain 2 x (4 pages each) Form G-325A for me and 1 x for my wife, the USC?

Noorah101

When filing AOS from anything but a K-1, the I-130 is included and the $355 needs to be paid. The fee for the I-765 is already included in the $1,010 fee for AOS. (No fee for the I-131 either).

Correct.

Rene

meauxna

I'm concerned about your understanding of the entirety of the process; please make sure that you check the whole thing out before submitting your applications.

The I-130 is the petition from the US citizen. She completes it, and attaches its required additions.

The I-485 if your application to adjust status to permanent residency (green card).
It requires certain attachments, like the i-864 you asked about earlier.

There are two interim benefits that you can apply for, an EAD for working, and an AP for traveling. These are for use before your I-485 is approved.
The I-130 instructions would not mention these things, because other types of applicants might not even have an I-130.
These 2 interim benefits depend on your I-485; that is where you'll find the fee mentioned for them. ALWAYS check the form download page for special instructions and current fee information.. legally they can not update the forms as fast as they can a webpage.

Special Instructions :

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file.


I'm not trying to be lecture-y at you, just want to make sure you understand what you're doing ahead of time.

Cover_Drive

No offense taken. I've tried to read the instructions for each form more carefully after my first question. They make things a little harder when the relevant detail (e.g., EAD app fee) isn't in the respective app's instruction but mentioned elsewhere such as the 485 instructions.

Anyway, these are the cover letters for the I-130 and 485 packet which serve as my checklist for tomorrow:

1)

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517



NATURE OF THE SUBMISSION: I-130 ORIGINAL SUBMISSION

TO WHOM IT MAY CONCERN:

Dear USCIS,

Enclosed please find form I-130, Petition for Alien Relative, and the supporting documents. The petition is filed by XY ("the petitioner"), a United States citizen, on behalf of YZ ("the beneficiary").

Concurrently with this I-130, the petitioner and beneficiary have filed form I-485 and all the supporting documents.

Contents of I-130 package:

 Check for $355 payable to "U.S. Department of Homeland Security"
 I-130 petition filed by XY, the petitioner, on behalf of YZ, the beneficiary
 Copy of Naturalization Certificate and U.S. Passport of the petitioner
 Copy of Birth Certificate and Passport of the beneficiary
 Copy of Marriage Certificate
 Form G-325a completed by the petitioner
 Passport type picture of the petitioner
 Form G-325a completed by the beneficiary
 Passport type picture of the beneficiary


Thank you for your time and patience,

Kind regards,

Signature <the beneficiary> Signature <the petitioner>

<the beneficiary NAME> <the petitioner NAME>

<Address>
June 19, 2009

Cover_Drive

2)

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517



NATURE OF THE SUBMISSION: I-485 ORIGINAL SUBMISSION

TO WHOM IT MAY CONCERN:

Dear USCIS,

Enclosed please find form I-485 and the supporting documents. The form is filed by XYZ, whose eligibility is based on his immediate relative (spouse), USC, a United States citizen.
Their marriage took place on [] in [] and an I-130, Petition for Alien Relative, is filed concurrently with this I-485.

Contents of I-485 package:

 Check for $1,010 payable to "U.S. Department of Homeland Security"
 Form I-485 Application To Register Permanent Residence or Adjust Status
 Copy of Passport
 Copy of I-94 front and back
 Copy of Marriage Certificate
 Two passport type photos
 Form G-325A
 Form I-864, Affidavit of Support, filed by USC
o US Tax Return form and W-2 of USC
 Form I-693 Medical Examination
 Form I-131, Application for Travel Document
o Copy of Passport
o Copy of I-94 front and back
o Two passport type photos
 Form I-765, Application for Employment Authorization
o Copy of Passport
o Copy of I-94 front and back
o Two passport type photos

Thank you for your time and patience,

Kind regards,




(XYZ) (USC)

(Address)
June 19, 2009

Noorah101

I would do it the other way around, and make it an I-485 package submission, of which the I-130 is a part of.

Your main application here is the I-485, not the I-130.

You don't need 2 cover letters.

Rene

Cover_Drive

Yeah, I could do it that way. But more importantly the content i.e. our checklist is ok?

Noorah101

Along with the I-864, are you also submitting proof of employment and income?

Cover_Drive

My wife, the 864 sponsor, is attaching her most recent tax return and W2. I thought that would be sufficient based on the 864 instructions. We can attach her paystubs if that is required, but I don't see that on the instructions. My income (currently zero) is not on the 864

Noorah101

The sponsor (your wife) needs to show proof of *current* income. This is usually done by showing a letter from her employer on letterhead, stating her salary, job, and that it's a full time permanent position (or whatever it happens to be), and also inlcuding several recent pay stubs. The tax return shows last year's income, not the current income which is listed on the I-864.

Also along with the I-864, don't forget to include proof that she is a USC.

Otherwise, the package looks good to me!

Rene

Noorah101

That requirement is listed here: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

All sponsors must submit the following documentation with their I-864:

•Proof of current employment or self employment
•A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details

Cover, you might want to go to this USCIS page: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD, and review the cover page of each form, just to make sure you have all the up-to-date information....especially the mailing address of the I-485 (the whole AOS package). I didn't double check that one. The most up-to-date info is at this website, on each form's cover page...not on the actual instructions for each form.

Rene

Cover_Drive

Ok, got it: proof of current income/employment and USC citizenship. I'll also check out that link you posted

Thanks again for your help!