Some general advice on AOS needed

[uktousab2]

Hey everyone,

This forum has been a lot of help over the last few days/weeks, but i'd really appreciate a bit of help with our current filing.

Bit of background info, Recently married my SO, I entered on a b2 visa in September - we were engaged at that point but we had no intention to marry in the near future. In Feb we decided to marry and did so, we are now filing AOS paperwork.

My current stay expires mid March - We'll be sending off our paperwork all being well in the next few days. My question is should i leave before the stay expires? Really don't want to risk being banned from the US!

Also does anyone have a full check list of what we should send in (up to date as of January changes)

Thanks!

[rayb]

If your spouse is a U.S. citizen, your overstay of the B2 visa will not be an issue.

--Ray B

Hey everyone,

This forum has been a lot of help over the last few days/weeks, but i'd really appreciate a bit of help with our current filing.

Bit of background info, Recently married my SO, I entered on a b2 visa in September - we were engaged at that point but we had no intention to marry in the near future. In Feb we decided to marry and did so, we are now filing AOS paperwork.

My current stay expires mid March - We'll be sending off our paperwork all being well in the next few days. My question is should i leave before the stay expires? Really don't want to risk being banned from the US!

Also does anyone have a full check list of what we should send in (up to date as of January changes)

Thanks!

[newacct]

You should NOT leave the US until you have gotten an Advance Parole or green card.

[Adrian Gruber]

Hey everyone,

This forum has been a lot of help over the last few days/weeks, but i'd really appreciate a bit of help with our current filing.

Bit of background info, Recently married my SO, I entered on a b2 visa in September - we were engaged at that point but we had no intention to marry in the near future. In Feb we decided to marry and did so, we are now filing AOS paperwork.

My current stay expires mid March - We'll be sending off our paperwork all being well in the next few days. My question is should i leave before the stay expires? Really don't want to risk being banned from the US!

Also does anyone have a full check list of what we should send in (up to date as of January changes)

Thanks!

Here is a checklist for all the documents to be sent to USCIS, its boilerplate and my not apply for you specifically.
I-485 Checklist
Checklist of forms and supporting documents for I-485
Application to Register Permanent Residence or Adjust Status
 Form I-485 (type or print in black ink, answer all questions, use N/A or "none" when necessary, and don't forget to sign it!);
 Form I-485A, Supplement A, if filed under 245(i);
 Fee payment checks;
 Form G-325A, Biographic Information Sheet, for applicants between 14 and 79 years of age;
 Approval notice for I-140, Immigrant Petition for Alien Worker;
 Form I-693, Medical Examination, signed and sealed by a designated physician;
 Form G-28, if you have an attorney representing your case;
 Form I-765, Application for Employment Authorization (EAD), optional but recommended;
 Form I-131, Application for Travel Document (Advance Parole - AP), optional but recommended;
 Form I-864, Affidavit of Support, if applicable;
 Passport photos, 2"x2" full face color frontal view on a white or off-white background (although USCIS now uses your photos taken during fingerprint appointment);
 Birth certificate, or other records of your birth (for example, notarized birth documents for Chinese nationals);
 Passport pages with non-immigrant visas (some immigration lawyers ask for copies of all pages, just to be safe);
 Arrest and criminal history. Even if no charges were filed, or all charges were dismissed, or any conviction was vacated, sealed, expunged or otherwise removed from your record, they still need to be reported and accompanied with certified documents and court orders. Consult an immigration attorney if you are not sure whether a particular incident was considered an arrest;
 Form I-134, Affidavit of Support, if you file as a derivative, (this is different from I-864);
 Employment verification letter from sponsoring employer, on a company letterhead, stating your salary, position and the job is still available;
 Tax returns for the previous two years;
 W-2 forms for the previous two years;
 Recent pay stubs;
 Degree certificates;
 All previous EAD's including student practical training;
 All I-94 cards used to enter the US;
 All I-20 and I-797 forms, required by some law firms;
If I-485 is filed concurrently with I-140, add:
 Form I-140 or receipt of a pending I-140;
 A labor certification or request for a national interest waiver;
 Supporting cover letter from employer;
 Employment verification letters from previous jobs;
 Other evidence that you meet LC requirements;
 Evidence that the employer has the ability to pay the wage.
Note 1: This is not an exclusive list, rather it is for references only. Each case is unique, and each law firm may have different requirements.
Note 2: Unless specifically stated that original documents are required, legible photocopies should be used for all supporting documents.
Note 3: Any document containing foreign language shall be accompanied by a full English language translation which the translator has certified as complete and accurate. The translator must also certify he or she is competent to translate from the foreign language into English.

[uktousab2]

Hey All, so we think we've prepared everything - Is there anything obvious missing from the below?

To whom it may concern

Please kindly find enclosed the form I-130 Petition for Alien Relative for my husband Thomas Richard Packer (United Kingdom citizen currently in the U.S as B-2 Visa holder) and supporting documents.

The contents are as follows:

Checks
$535 - I-130
$1,225 - I-485 + Biometric Services fee.
G-1145 - e-Notification/Petition Acceptance
I-130 - Petition For Alien Relative
G-325A - Biographic information (Wife)
I-130a - Supplemental Information (me)
I-485 - Application to register permanent residence or adjust status
G-325A - Biographic information (Me)
I-693 - Report of Medical Examination and Vaccination Record
I-864 - Affidavit of support under section 213a of the INA
I-94 - Arrival/Departure document
I-131 - Application for Travel Document
Suppliment - Supplement I-131, Part 7
I-765 - Application for employment Authorisation

Supplementary Documentation
Copy of Birth Certificate (Wife)
Copy Of Passport (Wife)
Copy of Marriage Certificate
2 Identical Passport Photos (Wife)
Release of Leaseholder Addendum, Proving joint apartment lease
Evidence of joint car insurance
Evidence of joint medical insurance
8 Identical Passport Photos (Me)
Copy of Passport (Me)
Copy of current B2-Visitor visa (Me)
8 Noted photographs showing relationship
Evidence of employment (Wife)
Most Recent Tax return (wife)

Thank you for your consideration of the above petition. Please do not hesitate to contact us if you have any questions regarding this petition.

[westEdge]

RE: Some general advice on AOS needed

Tips: 30-60-90 day rule. Many attorneys may tell you not to file immigrant applications within 60 days of arrival as a non-immigrant.

[newacct]

Hey All, so we think we've prepared everything - Is there anything obvious missing from the below?

To whom it may concern

Please kindly find enclosed the form I-130 Petition for Alien Relative for my husband Thomas Richard Packer (United Kingdom citizen currently in the U.S as B-2 Visa holder) and supporting documents.

The contents are as follows:

Checks
$535 - I-130
$1,225 - I-485 + Biometric Services fee.
G-1145 - e-Notification/Petition Acceptance
I-130 - Petition For Alien Relative
G-325A - Biographic information (Wife)
I-130a - Supplemental Information (me)
I-485 - Application to register permanent residence or adjust status
G-325A - Biographic information (Me)
I-693 - Report of Medical Examination and Vaccination Record
I-864 - Affidavit of support under section 213a of the INA
I-94 - Arrival/Departure document
I-131 - Application for Travel Document
Suppliment - Supplement I-131, Part 7
I-765 - Application for employment Authorisation

Supplementary Documentation
Copy of Birth Certificate (Wife)
Copy Of Passport (Wife)
Copy of Marriage Certificate
2 Identical Passport Photos (Wife)
Release of Leaseholder Addendum, Proving joint apartment lease
Evidence of joint car insurance
Evidence of joint medical insurance
8 Identical Passport Photos (Me)
Copy of Passport (Me)
Copy of current B2-Visitor visa (Me)
8 Noted photographs showing relationship
Evidence of employment (Wife)
Most Recent Tax return (wife)

Thank you for your consideration of the above petition. Please do not hesitate to contact us if you have any questions regarding this petition.

It seems like you are using the new I-130 form as you have I-130A; in that case, you do not need either G-325A for you or for the petitioner for I-130. (A G-325A for you is still needed for I-485.)

You don't need a supplement for I-131.

You need your birth certificate for I-485.