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I'm filing for AOS. I just want to know what forms my

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I'm filing for AOS. I...
I'm filing for AOS. I just want to know what forms my husband (US citizen) and I need to fill out before we send them. We have different opinions and I don't want to mess up the filing process.
Also, I would like to know what else we need to send, like the number of pictures etc.
Submitted: 8 months ago.Category: Immigration Law
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11/21/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,808
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Customer reply replied 8 months ago
Thank you
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

These are the forms.

FORMS: I-130, I-485, I-864, I-130A, I-765 (work permit- optional), I-131 (travel advanced parole -optional), G-1145 (optional). Throughout the forms, remember you the US citizen PETITIONER and the alien is the BENEFICIARY. This will help in filling them out. You can find all forms here http://www.uscis.gov/forms

Read the I-864 carefully and make sure your income qualifies, if not you need a joint sponsor.

Together with the forms you will also send:

-Immigration medical exam for your spouse I-693

-2 passport style photos for you, 8 for your spouse (2 photos each for I-130, I-485, I-131, I-765)

-Checks or money orders $1225 and $535 ($1755 total) made to DEPARTMENT OF HOMELAND SECURITY

-Copy of Marriage Certificate

-Copy of Petitioner's US passport biographical page

-Copy of your passport biographical page

-Copy of your I-94 and last visa

-Copy of your birth certificate with certified translation if needed

- Copy of both person's divorce judgments or death certificates for previous marriages

- Petitioners last tax returns and W-2/1099

-If you need a joint sponsor then also an I-864 for your joint sponsor and your joint sponsor's last tax returns, W-2 and proof of US legal status.

-Documents proving that your marriage is bona fide. Examples: Joint children birth certificates Joint lease agreement, joint bank account, joint income tax filing, joint credit cards, joint bills, joint car insurance, joint health insurance, drivers license with same address, joint memberships, receipts of large purchases together, proof of trips together, many pictures together from wedding and other events alone and with family and friends. Last resort would be sworn affidavits from people that know both of you and are witnesses of the relationship and/or wedding.

Make a copy of your whole packet for yourself. Mail the original to:

USCIS

PO Box 805887

Chicago, IL###-##-####/p>

This is the address if you want to do Express mailing:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL###-##-####/p>

Once you file all these documents, you will receive a receipt notice in the mail for each of the applications in 2-3 weeks. After that in about 4 weeks your spouse will receive an appointment to have biometrics (fingerprints) taken at the local USCIS office. Your Spouse should then receive a work permit and travel permit (advanced parole) in about 3-4 months, if you sent those applications in also. Your spouse should not travel outside the US until receiving this travel permit or the whole process will be considered abandoned. If your spouse doesn't submit the I-131, travel permit, it's fine;spouse can travel once they receive the green card. They can get a driver's license once they have the work permit.

Your spouse will later receive an interview notice to attend the USCIS/immigration interview in about 4-5 months and then you must both attend the interview.

As far as documents related to the marriage, send in whatever you have by mail at the time that you apply but don't worry if you don't have too much. You can take updated documents to the interview such as updated/more bank statements, updated joint bills, updated lease if it's a new one, updated tax return if you have filed a new one by the time of interview, and an album with many pictures from different times in relationship.

To the interview you will also take the originals of all certificates (marriage, birth, divorce) and passport for both of you.

If all goes well,your spouse will be approved that day and will receive green card in about 2 weeks!

I know immigration issues like these sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with preparation or review of applications, I can send you an offer to exchange contact information so I may help you with these legal services for a reasonable fee. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind for whenever you'd like.

Good luck to you and I hope this answer has helped you!

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Customer reply replied 8 months ago
In this case, I'm the alien and my husband is the citizen, so just to be sure, I'm the one sending in 8 passport size photos right? And does my husband need to send in the G-325?
There was a part in the form I-485 that asked for my I-94 expiration date, but because I came here on an F-1 visa, it says d/s. Do I use the visa expiration date instead?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Yes you're the one sending 8 pictures.

No, G-325A is no longer needed, it's replaced with I-130A from you.

No, put d/s put send a copy of your F1 visa.

Hope that helps!

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Customer reply replied 8 months ago
Hi. Sorry to disturb you but the more I read through everything, the more I get confused.
Last time I spoke to an attorney, I explained to him that I could not continue with my studies because I was unable to pay, so I figured that took me out of status. I asked him what I should put down as my current status and he said F1 Overstay. I'm a little nervous because I think there's a difference between Overstay and OOS. Maybe he didn't hear me well enough.
If that's the case, it means I have violated the terms of my visa right? So on the new form I-485 page 10, part 8, item 17, asks if I have violated the terms and I said yes. Is it ok?
Lastly, I don't really understand the Immigration and Nationality Act that's in the form. Do I tick yes because I have violated the terms of my visa or is it only for people who were here before 2001?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

F1 overstay is fine.

Yes, you should answer yes to the question and simply explain that you couldn't continue paying for school.

Yes, you tick yes because you violated the visa.

Hope this clarifies and hope that you can kindly issue a good rating.

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Customer reply replied 7 months ago
it does. So that means I fill out the I-485 supplement as well right?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

No , not at all. You just have to fill out the last page of the I-485. PART 14 Additional Information.

Best of luck. Please kindly remember the rating.

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