F2A advancing fast-questions on AOS

B

barryfaetheus

Registered Users (C)
I'm a green card holder and filed an I-130 for my wife in July 2009 (still pending). My wife is now in the US on H1B, from a desi consultant. She is working and has recent paystubs.

I see that F2A has advanced rapidly in the last couple of months, moving up to July 2008 in the latest (July) bulletin. I have a couple of questions, just incase it jumps forward another year in the near future.

1) The I-130 receipt notice that I got doesn't have a priority date listed. Do I use the "received date" to establish when I can file the remaining forms?

2) WHen I filed the I-130, my wife was still in India, so we indicated consular processing. Since she is now here on H1, would I just include a copy of the I-130 receipt and an explanation letter indicating that we want to do AOS instead?

3) I think that for AOS, they will want confirmation that she is in status. Would it be worthwhile to just proactively include copies of recent paystubs with the 485 packet? Is there anything else they may ask for in this regard?

4) When can she quit her job? Am I correct that once we get the I-485 receipt notice, she can quit, as her status is then pending AOS?

5)What other forms in addition to the I-485 do I need to file? e.g. Do i need to submit new G-325A's etc?

thanks
 
1. Yes.
2. When the PD is current, just file the I-485 along with the I-130 receipt or I-130 approval notice, and they'll figure it out. But if you had selected AOS on the I-130, it would have been more complex if you wanted to switch to consular processing.
3. A copy of her unexpired I-94 and recent paystubs should do.
4. Yes.
5. See the "Do it yourself" sticky thread, particularly post 4: http://forums.immigration.com/showthread.php?288201
 
Jackolantern said:
1. Yes.
2. When the PD is current, just file the I-485 along with the I-130 receipt or I-130 approval notice, and they'll figure it out. But if you had selected AOS on the I-130, it would have been more complex if you wanted to switch to consular processing.
3. A copy of her unexpired I-94 and recent paystubs should do.
4. Yes.
5. See the "Do it yourself" sticky thread, particularly post 4: QUOTE]

Thanks Jack.
There are a couple of possible complications which I also wanted to ask about.

1) When my wife first arrived in the US, her consultancy didnt have a project for her (usual story). So, she was on the bench without pay for ~4 months . Could this be a potential problem, or does one only need to be in status on the exact day of I-485 filing (she likely will still be on payroll at that time). Will this bench period even come to light?

2) Since she is working on H1B, she obviously has to be in the place of her project. So we are not currently living in the same place (though we were when she was on the bench). We regularly fly to meet each other, so have tickets, phone calls, common credit cards, car insurance, bank accounts, photographs at various vacation places etc. Will it still be a problem, or do you think they will understand this obvious reality?
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1) Could be a problem if USCIS is aware of it, but it won't be a problem if the I-485 is filed when you are a citizen, or if she has left the US and reentered legally since that 4-month break. And you don't have to provide evidence of being in status for more than the recent 2-3 months unless USCIS specifically asks for it (which they rarely do if the I-94 has never expired). How far are you from being eligible for citizenship?

2) I presume the apartment in the place of her project is just temporary accommodation for work purposes, and your place is her long-term residence? And she is going to quit and live full time in your place upon filing the I-485, right? So just list your own address when she files the I-485, since that is where she will be throughout most of the I-485 process and after getting the green card. And have her credit card bills and cellphone bills arriving at your place in the mail. If they bring up in the interview that her H1B paperwork specified a different address, you can explain that the apartment was just for work purposes, and that she regularly stays in your place and keeps a lot of her stuff in your place* and has her bills going to your place.

*an anal interviewer might separate you and ask what is kept in your place, so make sure you both remember the answer!
 
Jackolantern said:
1) Could be a problem if USCIS is aware of it, but it won't be a problem if the I-485 is filed when you are a citizen, or if she has left the US and reentered legally since that 4-month break. And you don't have to provide evidence of being in status for more than the recent 2-3 months unless USCIS specifically asks for it (which they rarely do if the I-94 has never expired). How far are you from being eligible for citizenship?

2) I presume the apartment in the place of her project is just temporary accommodation for work purposes, and your place is her long-term residence? And she is going to quit and live full time in your place upon filing the I-485, right? So just list your own address when she files the I-485, since that is where she will be throughout most of the I-485 process and after getting the green card. And have her credit card bills and cellphone bills arriving at your place in the mail. If they bring up in the interview that her H1B paperwork specified a different address, you can explain that the apartment was just for work purposes, and that she regularly stays in your place and keeps a lot of her stuff in your place* and has her bills going to your place.

*an anal interviewer might separate you and ask what is kept in your place, so make sure you both remember the answer!
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1) I'm eligible for citizenship in Dec 2011. If my PD becomes current before then, the reason we are so keen to file is so that she can quit her job and come home. Additionally, having an EAD should make it much easier to find work in my smaller city.

2) Yes, you have summarized our living situation correctly. We are planning to list my address on the I-485. Thats kinda why I was asking if we need to file G325-A again, because it asks for not just address, but address history. I don't know how to convey on the G325A the fact that although the most recent new address is in a different location where she works, she still maintains a residence in my place. We could just list my address again as the most recent one, but then they might raise questions about how she could have been living in my house in state XX on the day of filing, when she is supposed to be working 1000 miles away in state YY. Any ideas? Sorry if this is a stupid question.....
 
Another G-325A will be required for the I-485 filing, given that the I-130 and I-485 were not filed concurrently.

We could just list my address again as the most recent one, but then they might raise questions about how she could have been living in my house in state XX on the day of filing, when she is supposed to be working 1000 miles away in state YY.
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Many people have an apartment in one state where they work, and a house or bigger apartment where they live long-term, and they go to the permanent home frequently on weekends and holidays. Sometimes it's different countries; I knew a Canadian guy who had an apartment close to work, and then went back to his home in Canada twice a month.

List your address on her G-325A and also list the temporary apartment(s) she was staying in for work. You can explain it in the interview if necessary, but it probably won't be an issue that needs to be explained. Just try to establish a good set of documents and bills with her name at your address, so she can show a strong enough connection to your place.
 
Jackolantern said:
1. Yes.
2. When the PD is current, just file the I-485 along with the I-130 receipt or I-130 approval notice, and they'll figure it out. But if you had selected AOS on the I-130, it would have been more complex if you wanted to switch to consular processing.
3. A copy of her unexpired I-94 and recent paystubs should do.
4. Yes.
5. See the "Do it yourself" sticky thread, particularly post 4:QUOTE]


With the August bulletin, looks like our PD is getting real close, so September is a possibility.

Regarding answer 3, I don't think there is anywhere on the I-485 packet where they ask for proof of being in status (correct me if I'm wrong). So, should we proactively include the copies of I-94 and paystubs with the packet anyway, or wait until if and when they ask?

Also, I read the do-it-yourself sticky that you referred me to. For the proof of common residence stuff, do I include this with the I-485, or keep it with me for the interview? (WHen I submitted the I-130, I did include some photos from the wedding etc, but since my wife was not yet in the US, there was no common residence stuff)
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barryfaetheus said:
Regarding answer 3, I don't think there is anywhere on the I-485 packet where they ask for proof of being in status (correct me if I'm wrong). So, should we proactively include the copies of I-94 and paystubs with the packet anyway, or wait until if and when they ask?
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The I-94 copy is a must to submit with the application (not 100% necessary all the time, but if you have it you should submit it). They are not as picky about current status if there is nothing to indicate an overstay, but they might still send an RFE for it so it's better to also submit the paystubs with the application.

Also, I read the do-it-yourself sticky that you referred me to. For the proof of common residence stuff, do I include this with the I-485, or keep it with me for the interview?
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You can bring it to the interview. But make sure to include the marriage certificate with the application.

And make an appointment soon for the I-693 medical, so if her PD becomes current in September the medical report will be ready to be submitted with the I-485 before dates move again in October (which usually has a lot of backward movement). The medical can be done up 12 months in advance, so even if she can't file it soon, it could still be useful late this year or early next year.
 
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Ok, so good news. We're current for September. Our plan is to have the application arrive at the lockbox on September 1st, and my wife will quit her job around September 10th.

One question:
Her H1B was originally filed with an LCA for state AA. However, for the last few months, she has been working in state BB and the address history we submit on the G-325a will reflect that. Do we need to submit the new LCA together with our family based AOS packet? We do have the new LCA, but dont want to submit anything that is extraneous or opens additional cans of worms....
 
barryfaetheus said:
Ok, so good news. We're current for September. Our plan is to have the application arrive at the lockbox on September 1st, and my wife will quit her job around September 10th.
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Those things have a way of arriving faster than you expect; 2-day or 3-day service can surprisingly take 1 day. Make sure it is sent no earlier than August 31, if your PD is not current in August.

One question:
Her H1B was originally filed with an LCA for state AA. However, for the last few months, she has been working in state BB and the address history we submit on the G-325a will reflect that. Do we need to submit the new LCA together with our family based AOS packet?
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Why? It's a family-based AOS.
 
another quick question.
My wife is in the US already, does her case go to NVC?
I know if you are waiting outside of the US, your case would go to NVC after you file I-130.
How about the people who are here already?

Thanks
 
barryfaetheus said:
Her H1B was originally filed with an LCA for state AA. However, for the last few months, she has been working in state BB and the address history we submit on the G-325a will reflect that. Do we need to submit the new LCA together with our family based AOS packet? We do have the new LCA, but dont want to submit anything that is extraneous or opens additional cans of worms....
Click to expand...

So not only was she benched without pay for four months, she's also working in an area without an LCA? Delightful - one of the signs of the apocalypse will be when desi consultancies follow US immigration law.

If USCIS digs into this, the I-485 is likely to be denied, especially since in an FB case she has no protections under 245k for being out of status. If they determine she was out of status for even a single day after her last entry to the US prior to filing the I-485, it will be denied. You may want to do CP.

BTW, has the I-130 been approved? If not, I don't believe she can file the I-485 - I don't think USCIS accepts concurrent filing for FB cases.
 
abba114 said:
another quick question.
My wife is in the US already, does her case go to NVC?
I know if you are waiting outside of the US, your case would go to NVC after you file I-130.
Click to expand...

If you choose consular processing on the I-130, it will go to NVC, regardless of where she happens to be right now.
 
TheRealCanadian said:
BTW, has the I-130 been approved? If not, I don't believe she can file the I-485 - I don't think USCIS accepts concurrent filing for FB cases.
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Waiting for I-130 approval is not necessary. They will accept the I-485 even if the I-130 is pending, as long as the priority date is current at the time of filing the I-485 (of course, in most FB cases that are not Immediate Relative, the PD becomes current long after the I-130 is approved, so in practice this scenario of a pending I-130 and current PD is a rarely occurrence).
 
Jackolantern said:
Waiting for I-130 approval is not necessary. They will accept the I-485 even if the I-130 is pending, as long as the priority date is current at the time of filing the I-485 (of course, in most FB cases that are not Immediate Relative, the PD becomes current long after the I-130 is approved, so in practice this scenario of a pending I-130 and current PD is a rarely occurrence).
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Are you certain that is the case with FB cases? USCIS typically wouldn't accept an I-485 unless the underlying visa petition was approved unless it was an IR case; it was only relatively recently (last 7 years) that they accepted EB cases where the PD was current. I wouldn't assume this is the case for FB.
 
TheRealCanadian said:
Are you certain that is the case with FB cases? USCIS typically wouldn't accept an I-485 unless the underlying visa petition was approved unless it was an IR case; it was only relatively recently (last 7 years) that they accepted EB cases where the PD was current. I wouldn't assume this is the case for FB.
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I remember reading of them accepting it for non-IR family-based cases when the visa number is available, but as of now I can't find anything definitive that says they do or they don't. Maybe I remembered wrong, or they're just being silent on it because it's never happened since they began accepting concurrent filing.
 
abba114 said:
On I-130, I put AOS in Dallas.
So does that mean her case will be in Dallas not NVC?
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Yes. Because you selected AOS and not CP, they won't send it to NVC and it won't go to the consulate unless you file I-824 after the I-130 has been approved. Unless retrogression kicks in and her PD is not current when the I-130 is approved.
 
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