Is there a "proper" way to send in additional documents for an I-130 application?

[LawDude]

Here's my situation.
* Mom = Green Card Holder, living in US
* Mom is sponsoring my sister to come live in the US (over 21, unmarried)
* I am a Joint Sponsor, providing Affidavit of Support

We just mailed the following:
* Cover Letter
* I-130 2-page application, from my mom
* I-485 Affidavit of Support, from me
* Most recent Tax return for I-485

However, it seems that the application process also requires:
* proof of birth for my sister, and her relationship to my mom
* proof of US permanent residence for my mom

So, now we are about to mail the following to satisfy the above conditions:
* copy of my sister's birth certificate
* copy of my mom's Green Card (front and back)

Now, I have 2 questions:
1. Can I just mail these additional documents, and mention the above in a new cover letter? Or should I just wait to receive confirmation of receipt of the first mailing, so that I can refer to the Reference ID?

2. Is there anything else that I am missing?

Thanks,
LawDude

 

[LucyMO]

first of all, I-485 is NOT an affidavit of support.

Affidavit of support (I-864) needs to be included with your I-1485 application to adjust status. Since mom is a GC holder and her daughter is outside of the US, she can't file I-485 at all yet. At this point mom can only file I-130 with the supporting documents listed in instructions to I-130. That's all.

Now, you have to wait till USCIS sends you a request for further evidence asking you to send a copy of your sister's birth certificate and a copy of mom's GC.

READ the instructions to I-130 and you will see what you need to send in with I-130.

 

[jupiter07]

Here's my situation.
* Mom = Green Card Holder, living in US
* Mom is sponsoring my sister to come live in the US (over 21, unmarried)
* I am a Joint Sponsor, providing Affidavit of Support

So, now we are about to mail the following to satisfy the above conditions:
* copy of my sister's birth certificate
* copy of my mom's Green Card (front and back)

Now, I have 2 questions:
1. Can I just mail these additional documents, and mention the above in a new cover letter? Or should I just wait to receive confirmation of receipt of the first mailing, so that I can refer to the Reference ID?

2. Is there anything else that I am missing?

Thanks,
LawDude

Wait for the NOA and attach the evidence, that way they have something to refer to. Then do a cover letter. Secondly, you shouldn't even be talking about 485. It is for AOS, for people already in the US. Your sister is not one of them. I think you are a little bit confused. But for now, just focus on your 130, when the priority date becomes current, they you can do CP. Watch out in the mail, they will send you back yr paperwork.

 

[LawDude]

Wait for the NOA and attach the evidence, that way they have something to refer to. Then do a cover letter. Secondly, you shouldn't even be talking about 485. It is for AOS, for people already in the US. ....

first of all, I-485 is NOT an affidavit of support.

Affidavit of support (I-864) needs to be included with your I-1485 application to adjust status. ...

Sorry, I just made a typo while posting to this forum, I meant "864", not "485".

CORRECTION: I sent the I-864 Affidavit of Support with the above application.

1. According to your responses, I shouldn't have sent the Affidavit of Support at all, at this time? You're saying that it only goes with my AOS (485), which is not applicable at this time?

2. If that's the case, did I send it to the correct address?
USCIS
P.O. Box 804616
Chicago, IL 60680-4107

This was the address for I-130 with additional documents, whereas a single I-130 form should be sent to a different address, from what I understand.

3. If they reject the application at this time, how will I know when to send it again, with the correct items and/or to the correct address? Will they cash the check? Will they send me a letter? Will they return any of the items?

Thanks again,
LawDude

p.s. as for the remaining items (Birth Cert and Green-Card copies), I will wait till I receive confirmation before I send it out)

 

[jupiter07]

Sorry, I just made a typo while posting to this forum, I meant "864", not "485".

CORRECTION: I sent the I-864 Affidavit of Support with the above application.

1. According to your responses, I shouldn't have sent the Affidavit of Support at all, at this time? You're saying that it only goes with my AOS (485), which is not applicable at this time?

2. If that's the case, did I send it to the correct address?
USCIS
P.O. Box 804616
Chicago, IL 60680-4107

This was the address for I-130 with additional documents, whereas a single I-130 form should be sent to a different address, from what I understand.

3. If they reject the application at this time, how will I know when to send it again, with the correct items and/or to the correct address? Will they cash the check? Will they send me a letter? Will they return any of the items?

Thanks again,
LawDude

p.s. as for the remaining items (Birth Cert and Green-Card copies), I will wait till I receive confirmation before I send it out)

1. Yes, affidavit of support is for 485, not 130. It is not necessary for now.
2. Check your I30 not 485, it should have an address as to where to send your package. Yes, stand alone 130 has a different address.
3. If they send back your package, you will receive all your paperwork with a letter explaining the rejection. You can find the correct filing address from the 130 instructions. They are pretty clear. You can file again as soon as you are ready to. If they accept the paperwork, they will cash the check. If they reject, they will not. You may be lucky that they process yr 130 and send you back 485 paperwork.
4. Check with this forum when unsure before you act. Chances are you will get invaluable feedback.

 

[LawDude]

1. Yes, affidavit of support is for 485, not 130. It is not necessary for now.

Got it, so I'll just have to send the I-864 Affidavit of Support again at a later time again, when/if applicable.

2. Check your I30 not 485, it should have an address as to where to send your package. Yes, stand alone 130 has a different address.

Yes, there were two addresses. Since I shouldn't have sent the I-864 now, does this qualify as standalone I-130? Or is a standalone I-130 one that includes only the 2 sheets of paper of the I-130?

3. If they send back your package, you will receive all your paperwork with a letter explaining the rejection. You can find the correct filing address from the 130 instructions. They are pretty clear. You can file again as soon as you are ready to. If they accept the paperwork, they will cash the check. If they reject, they will not. You may be lucky that they process yr 130 and send you back 485 paperwork.

Got it. I have digital copies of everything. Will simply print them out again and mail them again, just in case they don't send the material back (very likely).

4. Check with this forum when unsure before you act. Chances are you will get invaluable feedback.

Thanks, the responses have been EXTREMELY helpful so far, and I look forward to more responses on the above questions!

 

[jupiter07]

Yes, there were two addresses. Since I shouldn't have sent the I-864 now, does this qualify as standalone I-130? Or is a standalone I-130 one that includes only the 2 sheets of paper of the I-130?

Yes, yours is a stand alone 130, i.e. 130 without the 485 hence without 864. If your 130 instructions provide you with 2 options of addresses, then either will do.

 

[LawDude]

ok, I'll keep an eye out for the USPS Delivery Confirmation first, then wait for the confirmation from USCIS that they have either accepted/rejected the application.

I'll wait for that response before I can take any further action.

Thanks,
LawDude