Adjustment of status (I-485) and Travel Doc

S

safro

Registered Users (C)
Hello,

I am filling forms for family based GC. we file
one -I-130, I-485,
5 copies each person -G-325A,
one- I-864,
one-I-765.
Cashiers check for USCIS $1,365
Birth certificates translated each, copy of alien spouse passport.

1. shall we submit I 131 also as its fee already included in the fee. the alien spouse is maintaining legal status here, B2 visitor.

2. if the answer is No, None shall we write that on forms or just leave it blank?

3. I 485 Part 2. if by marriage what to check.
"I am applying for an adjustment to permanent resident status because:"
h. Other basis of eligibility.
we just wrote below it "Marriage to US Citize, I-130 "

When they ask Current USCIS status what shall we write Visitor or spouse of the US citizen?

Thanks in advance for consideration.
 
Hi safro, read these step by step instructions first before you send your application.

1. If the alien spouse plans to travel while the AOS is pending, then yes. It's never a bad idea to file for this to use in an emergency. The alien spouse would be considered to abandon status if traveling outside the country before an I-131 has been approved.

2. Which form and where? Don't leave anything blank. Whatever doesn't apply, put N/A.

3. If you file concurrently (be sure to file to file everything in the same envelope to Chicago lockbox address) then 2A is the correct answer.

4. Spouse is not a status ... visitor is. Be sure you know about the 30-60-90 day rule for adjusting status while being on a nonimmigrant visa. Essentially, at least 2 months have to have passed since the alien spouse last showed nonimmigrant intent (entered the US or filed for an extension of status), and the person had not already have immigrant intent when they last declared nonimmigrant intent.

A couple more comments ... sometimes it helps to send the payment individually for each application (attach them to each application with a paper clip) rather than the combined payment for all applications. Otherwise, if a problem with one application is found, all of them will be returned to you. I think there's only 4 copies of G-325A and you need separate ones for I-130 and I-485 for the alien spouse. Be sure to include the required evidence for each application (e.g. you didn't mention copies of I-94s, evidence of bona fide marriage, copies of your taxes, for instance).

Good luck!
 
Thank you for details.

I was confused whether to write N/A, None or leave it blank, because when I spoke to USCIS service line the lady told me just leave it blank.

What is the rule 30-60-90?

On I-130
section C. line 22.
there are 2 spaces
in one we wrote NY, since my spouse here and the other we left blank. Where it says "if your relative in not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in:_____"

Some say that write there last country of residence or home country or leave it blank.


I think soon i post here all papers that I am going to submit.
I-94 is copied on both sides, copy of birth certificate and all pages of passport, 3 last years of TAX returns.
they also ask (on phone Help Line USCIS) 1 photo of USC and 4 of alien relative-to be safe I send 4 each, G -325A -2 for each-to be safe I send 4 each. -))
 
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From the I-130 instructions:

Answer all questions fully and accurately. If any item does not apply, write "N/A."

So you would enter N/A if this question does not apply to you. That's what we did on our I-130. Never take for granted what the person on the USCIS service line tells you, you might as well ask your next door neighbor for an opinion.

The 30-60-90 rule is used by USCIS to determine intent. Are you filing this at least 2-3 months after the alien spouse entered or renewed the visitor visa?

Send the exact number of forms and photos asked in the instructions. You can follow the assembly guidelines in my link in the above post to put everything together in an organized fashion.
 
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austriacus said:
The 30-60-90 rule is used by USCIS to determine intent. Are you filing this at least 2-3 months after the alien spouse entered or renewed the visitor visa?
Click to expand...

After 2 months of entry.
so what is the rule?
austriacus said:
Send the exact number of forms and photos asked in the instructions. You can follow the assembly guidelines in my link in the above post to put everything together in an organized fashion.
Click to expand...
Already doing it. thanks. Initially I thought that this link is outdated.

austriacus said:
The 30-60-90 rule is used by USCIS to determine intent. Are you filing this at least 2-3 months after the alien spouse entered or renewed the visitor visa?
Click to expand...

After 2 months of entry.
so what is the rule?
austriacus said:
Send the exact number of forms and photos asked in the instructions. You can follow the assembly guidelines in my link in the above post to put everything together in an organized fashion.
Click to expand...
Already doing it. thanks. Initially I thought that this link is outdated.

1) To what address should we (spouse and alien) send package with I-130, I-485 and etc.
is the following address correct:
USPS to

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

I found it myself-CORRECT address
Is it better to send as registered EMS visa USPS?

2) Cashier's checks
To what name must be check done?
a- "USCIS" or b-"U.S. Department of Homeland Security"
I found it myself MUST BE B. "U.S. Department of Homeland Security"

I prepare 2 checks; $355,00 for I-130 and $1010,00 for I-485
instead of one for $1365.
 
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