Documents for dependant's AOS filing

A

ashirwadb

Registered Users (C)
Hi,

I am going for a concurrent filing for I-140 and I-485. I'd file for AOS for my wife (dependant) along with me too. Since my employer would do the paper work only for me, we have to prepare forms for my wife, hand them over (with the documents) to my employer in a sealed envelope and they'd enclose this envelope with my application for simultaneous filing. Now, after going through the sites on what documents to attach along with my wife's I-485, I have listed the following:

1. I-485
2. G-325A
3. DoB certificate (along with translation)
4. I-693 (and I-693 supplement)
5. 2 photographs
6. Copy of current Visa
7. Copy of current I-94
8. Copy of passport
9. Check for $395 payable to "Department of Homeland Security" <- Not sure if one or two such checks are required, any help appreciated on this.

Is that it or am i missing something?

Moreover, a couple of queries:

1. Since i am doing a concurrent I-140/I-485 filing, I don't have any notice of receipt or approval for Immigrant petition (I-140) to attach with her I-485. Is that okay?
2. Is there a need to file I-134 (affidavit of support) with her I-485?
3. I am not filing for her EAD or AP yet. Can they be filed for at a later date?


Any help on these would be highly appreciated.

Thanks,
A
 
1. $395 on one check is preferred for each applicant.
2. You need to have solid proof of relationship. Marriage certificate (with translation) is a must, and most lawyers recommend other evidence as well (lease/mortgage, joint bank account, joint tax returns are examples).
3. I did file I-134, but I have heard other say it's not necessary. But I thought it safer than risk an RFE delay.
4. EAD and AP can be filed later with I-485 receipt, but if you do it after July 28, the fees will be significantly more.
 
ashirwadb said:
Hi,

I am going for a concurrent filing for I-140 and I-485. I'd file for AOS for my wife (dependant) along with me too. Since my employer would do the paper work only for me, we have to prepare forms for my wife, hand them over (with the documents) to my employer in a sealed envelope and they'd enclose this envelope with my application for simultaneous filing. Now, after going through the sites on what documents to attach along with my wife's I-485, I have listed the following:

1. I-485
2. G-325A ( write also her name that she used before marriage)
3. DoB certificate (along with translation) ( only COPY of BC and Copy of translation)
4. I-693 (and I-693 supplement)
5. 2 photographs (front face )
6. Copy of current Visa ( send all the pages of passport that has her name, DOB, Photo on it and all the pages that have Visa stamps , US entry stamps)
7. Copy of current valid I-94(front and back)
8. Copy of Her passport(as in point 6)
9. Check for $395 payable to "Department of Homeland Security" <- Not sure if one or two such checks are required, any help appreciated on this.
10 copy of marriage certificate
11 Form I-134 signed by YOU before Notary

*** better to file EAD and AP with her I-485 as Fee is going to increase on july 30, use form I-131 for AP, FEE, 2 Photographs, form I-765, FEE ,2 Photo


Is that it or am i missing something?

Moreover, a couple of queries:

1. Since i am doing a concurrent I-140/I-485 filing, I don't have any notice of receipt or approval for Immigrant petition (I-140) to attach with her I-485. Is that okay?
-------------------that is OK, lawyer should send her Derivative I-485 in same envelope of your I-485
2. Is there a need to file I-134 (affidavit of support) with her I-485?
--------------------YES
3. I am not filing for her EAD or AP yet. Can they be filed for at a later date?
-------------Better file now, the fee is going to increase for all the application on july 30

Any help on these would be highly appreciated.

Thanks,
A
Click to expand...
**** she need to sign all her forms with date. write cover letter with her Name, DOB, address and list all the documents attached with I-485, she need to sign the cover letter with date.

----------------
 
Thanks jk0274 and ginnu for your responses. Much appreciated.

Quick question on EAD/AP filing: I understand fees skyrocketing after Jul30th but since I have a valid H-1B (valid till Dec 2009), in the event she has to travel outside the country, couldn't she get her H4? If yes, then AP shouldn't be critically required now. Moreover, I am vary of EAD since I'd rather wait for I-485 approval than have her use EAD, just to avoid any unsavory eventuality later. Does this make sense?

your points on I-134 are well taken, would file along with I-485.

A
 
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She is in the US legally now, correct? If so, then yes she is eligible to obtain a H-4 visa from the consulate abroad. Keep in mind that she will be subject to the same visa process as any other visa applicant, including the need to schedule an interview at the consulate (which is often done online and is sometimes subject to a long waiting list depending on location), as well as subject to a security check which may be very short or longer, depending on who she is ;)

She will need to have proof of marriage and proof of your status with her when she appears at the consulate.

Keep in mind that if she returns as an H-4, she will be unable to work, as H-4 holders are not allowed employment. Also keep in mind that if she applies for EAD and uses it, she will no longer be considered in H-4 status. You may apply for it but not use it if you wish, as she will retain H-4 status as long as she doesn't use it.
 
Spouse Appln without Attorney

I'm in the process of filing my spouse and my I 485 application.I want to prepare my spouse application and my appl will be prepared by my lawyer.

1.So Will there be 2 I485?

2.If I am the primary applicant,shud we mention Dependant name on my application or can we mention Dependant name a little later(say 15 days after applying mine) but on my spouse application or shud it be mentioned in both applications

3.Can I send my application now without mentioning my spouse as dependent and then apply spouse I485 as dependent to my application at a later date may be after 15 days

Please Help me out with this:(
 
You can apply separately for your spouse only if

1. the dates are current then
2. you have an approved I-140 to attach to it so that USCIS knows who's the primary applicant and
3. ofcourse, your AOS hasnt been approved

However, not mentioning your spouse on your I-485 would imply hiding facts from USCIS and thats not recommended EVER.

-A

Standard disclaimer applies.
 
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I am in the similar situation as yours. Although, I have an H1 my self and my spouse has an H1 too.
I am filing for my 485, EAD, AP and her 485, EAD, AP (with she being my dependent ).

She is also going to file her own 485 application as she being primary.

But after some time my spouse is planning to work parttime and hence will not be on H1 then . SHe is not applying for her EAD card from her own 485 application.

So my question is when she gets the EAD (i.e. the EAD applied from me being the primary applicant of the 485), and uses it, does that mean I loose my H1 status ?





jk0274 said:
She is in the US legally now, correct? If so, then yes she is eligible to obtain a H-4 visa from the consulate abroad. Keep in mind that she will be subject to the same visa process as any other visa applicant, including the need to schedule an interview at the consulate (which is often done online and is sometimes subject to a long waiting list depending on location), as well as subject to a security check which may be very short or longer, depending on who she is ;)

She will need to have proof of marriage and proof of your status with her when she appears at the consulate.

Keep in mind that if she returns as an H-4, she will be unable to work, as H-4 holders are not allowed employment. Also keep in mind that if she applies for EAD and uses it, she will no longer be considered in H-4 status. You may apply for it but not use it if you wish, as she will retain H-4 status as long as she doesn't use it.
Click to expand...
 
lengthyLabor said:
I am in the similar situation as yours. Although, I have an H1 my self and my spouse has an H1 too.
I am filing for my 485, EAD, AP and her 485, EAD, AP (with she being my dependent ).

She is also going to file her own 485 application as she being primary.

But after some time my spouse is planning to work parttime and hence will not be on H1 then . SHe is not applying for her EAD card from her own 485 application.

So my question is when she gets the EAD (i.e. the EAD applied from me being the primary applicant of the 485), and uses it, does that mean I loose my H1 status ?
---------NO, YOU only loose YOUR H1 status if YOU use EAD
Click to expand...
--------------------
 
jk0274 said:
3. I did file I-134, but I have heard other say it's not necessary. But I thought it safer than risk an RFE delay.
Click to expand...

jk0274/ginnu,

Two questions on I-134:
1. what's your advice for 1: "If you are not a native born US Citizen, answer the following as appropriate".
I fit into none of a to d criteria. I saw a sample at immihelp.com at http://www.immihelp.com/visas/visitor/i134.html where they've added another category h-1B and entered Visa/A number. Is this the way to go?

2. For 2, "...resided in the US since____":
Is it asking for most recent or the first date of entry into the US. What to enter?


Appreciate your response.

A
 
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