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**Adrian Gruber** · 08-02-2016, 09:26 PM

Originally posted by Jaslee View Post

Hi everyone,

I'm looking for help with my AOS application, I don't have money to pay for lawyers, so I'm doing the paperwork by myself and it's killing me as there are so many questions I don't know how to answer. So any kind of help would be highly appreciated.

I came here as J-1 3 years ago, then I changed visa to F-1 (I've never left USA since I came). Right now I'm still holding F1 but working with OPT. Recently I just got married to a US citizen, I'm going to submit I-485, I-130, I-765 and I-864 at the same time. My questions are:

I-485:
- Application type (Part 2): is A the correct one?
-Occupation : I'm F-1 but working with OPT, what should I put for the occupation? Should I really have to mention about working with OPT?
- What is the USCIS status expire? Is it the expire date on OPT form?

I-765
I'm applying for this because the school I'm going to is just a language school but they do give me a work permit, I pay the school fee every 3 months, so as soon as my application for AOS is in, I plan to drop from school.
- " I am applying for " : should I choose Permission to accept employment OR Renewal of my permission to accept employment?
- No. 11: I got the OPT from school, is it considered as applying for employment authorization from
USCIS?
- No. 16: what is my Eligibility Category in this case?

Thank you very much for your help.

Ok lets begin first with your wife filing a petition to establish that you are immediate family. This is the I-130 and if memory serves its $420 US?
Your wife must petition USCIS that you both are legally married and are living together and that you can prove it.
Remember these terms: Your wife is "THE PETITIONER"
You are the "BENEFICIARY"

You will need to gather the following documents for your I-130 petition and most of these overlap for your I-485

1. Payment as required by USCIS. Use a money order so you can track the payment. If a personal check is allowed, use that instead.
2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Form I-130: Petition for Alien Relative
4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
5. A copy of petitioner's proof of naturalization. (If applicable)
6. A copy of petitioner's proof of permanent residency. (If applicable)
7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)
8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)
9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)
10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
11. G-325A (all four pages) filled out by the US Citizen signed and dated
12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
13. G-325A (all four pages) filled out by the foreign spouse signed and dated
14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
15. Evidence of a bonafide marriage (see note below for what to include)
**** *1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union. ex. life insurance

You have the option to file your I-130 first and the time to process is 5 months.
Or you can file concurrently your I-130 and your I-485 together. The cost for the I-485 is $1020 (Please remember that you have an additional cost of the medical/vaccination report filled out by a qualified Civil Surgeon) So if you file concurrently budget appx. $2000+

""I-485:
- Application type (Part 2): is A the correct one?-----CORRECT
-Occupation : I'm F-1 but working with OPT, what should I put for the occupation? Should I really have to mention about working with OPT?------YES ____ if you are working tell them.
- What is the USCIS status expire? Is it the expire date on OPT form?""

Announcement

Pls help with form I-485 & 765 - F1 working with OPT but first came as J1.

Pls help with form I-485 & 765 - F1 working with OPT but first came as J1.

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Announcement

Pls help with form I-485 & 765 - F1 working with OPT but first came as J1.

Pls help with form I-485 & 765 - F1 working with OPT but first came as J1.

Comment

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