VWP Entry and Adjustment of Status
Jun 8th 2011, 4:35 pm
#16
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Re: VWP Entry and Adjustment of Status
With all of this I am trying to get my head around all of the fee's that must go out and found the insert below on the USCIS website.
"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 together. 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."
"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 together. 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."
Also, my husband did not bring his BC, and his family in the UK is not able to find it. Is this an absolute requirement for the I-485?
Rene
Jun 8th 2011, 4:36 pm
#17
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Re: VWP Entry and Adjustment of Status
Jun 8th 2011, 4:37 pm
#18
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Re: VWP Entry and Adjustment of Status
But I totally agree, they really should consult with an immigration attorney before filing anything, if they haven't done so already.
Rene
Jun 8th 2011, 4:44 pm
#19
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Re: VWP Entry and Adjustment of Status
When I spoke with the immigration attorney he stated that there really was no need to have one because we have been married more then 2 years and it should be rather cut and dry, so no, I did not proceed further with him. He did not overstay his 90 days the last time, nor is he in breach of doing so this time. As for researching my area, no, I haven't gotten that far yet I'm afraid. I thought that I was to submit all of the forms at once, including the medical, to the Chicago lockbox... is that wrong?
Jun 8th 2011, 4:56 pm
#20
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Re: VWP Entry and Adjustment of Status
There are individual fee's for each form on the USCIS website, including the G-325A. For the I-485 and G-325A the total is $1070 from what I have read so far.
Sorry, I can't seem to get the quote feature right - user error most likely
Sorry, I can't seem to get the quote feature right - user error most likely
Jun 8th 2011, 5:02 pm
#21
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Re: VWP Entry and Adjustment of Status
Go to www.uscis.gov, Forms, and look at the cover page for the I-130 and I-485. The fees are listed there.
Don't look at the individual fees for the I-131 and I-765, as there are no fees for that when included in an AOS package, which is what you're doing.
Not sure what you're referring to when you say "researching my area", but you are correct that all the forms, fees, and medical get sent in one package to Chicago. The address is on the I-485.
Rene
Jun 8th 2011, 8:45 pm
#22
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Re: VWP Entry and Adjustment of Status
The I-131 (Application for Travel) is required as well for the AOS packet? Does that allow him to go state to state or into Canada or something? Sorry, this one confuses me.
Research my area was in reference to this post:
"meauxna
Have you researched how to approach your case based on where you live?
There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
Research my area was in reference to this post:
"meauxna
Have you researched how to approach your case based on where you live?
There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
Jun 8th 2011, 9:03 pm
#23
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Re: VWP Entry and Adjustment of Status
If he has overstayed at all, he shouldn't use AP or leave the USA at all (depending on the length of overstay).
There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
Rene
Jun 8th 2011, 9:36 pm
#24
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Re: VWP Entry and Adjustment of Status
So even if he has no plans of leaving while awaiting approval for AOS, it's a nice to have, and if there is no fee when filing it with the other documents, it makes sense to just do it. Thank you again for your help!
Jun 8th 2011, 11:41 pm
#25
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Re: VWP Entry and Adjustment of Status
I can't say that I disagree.
That said, those self-same attorneys believe that there is one circumstance where the person's position is arguably improved -- the VWP entrant.
Can't say that I disagree with that also.
No advice is given nor intended. But those lawyers are several who I really respect and are worth listening to.
Jun 9th 2011, 12:27 am
#26
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Re: VWP Entry and Adjustment of Status
Research my area was in reference to this post:
"meauxna
Have you researched how to approach your case based on where you live?
There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
"meauxna
Have you researched how to approach your case based on where you live?
There is a USCIS office in Detroit, which I assumed I may have to use at some point during the process, unless I misunderstood what was being said, which is definitely a possibility.
The question is more 'to file or not to file' but it seems you're past that.
All combined filings go to the one same address.
Jun 9th 2011, 2:47 pm
#27
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Re: VWP Entry and Adjustment of Status
Would I enter my children (hubby's step children) for number 17 on the I-130?
"List husband/wife and all children of your relative"
"List husband/wife and all children of your relative"
Jun 9th 2011, 3:23 pm
#29
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Re: VWP Entry and Adjustment of Status
All of this paperwork and I'm beginning to forget who I am...I just didn't know if step-children would be considered relatives of my relative 
Jun 9th 2011, 3:40 pm
#30
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Re: VWP Entry and Adjustment of Status
Notionally speaking, the petitioner's children are the beneficiary's step-children. That said, there would be "no harm, no foul" in this situation IMHO.