Help needed

[dot.dash]

Hello everyone!

I am legally in US on F1 (student) status and I am preparing documents for the concurrent filing (latest forms, July 6th 2017) to adjust my status through marriage. As what I've read, these forms, documents and the filing fee will be included:

I-130/I-130A (Petition for Alien Relative), $535 fee
I-485 (Application to Register Permanent Residence or Adjust Status), $1140 fee + $85 biometric
I-864 (Affidavit of Support)
I-765 (Application for Employment Authorization)
and supporting documents, proofs

I want to double check if what I read is correct and I have some questions:
- Is $85 biometric fee can be paid at the biometric appointment day or it has to be included in the package?
- Can I send more documents as proofs after this first package? If yes, how can I do that? Should it be filed alone or with any form above?

[Walbrzyszanka21]

Hello everyone!

I am legally in US on F1 (student) status and I am preparing documents for the concurrent filing (latest forms, July 6th 2017) to adjust my status through marriage. As what I've read, these forms, documents and the filing fee will be included:

I-130/I-130A (Petition for Alien Relative), $535 fee
I-485 (Application to Register Permanent Residence or Adjust Status), $1140 fee + $85 biometric
I-864 (Affidavit of Support)
I-765 (Application for Employment Authorization)
and supporting documents, proofs

I want to double check if what I read is correct and I have some questions:
- Is $85 biometric fee can be paid at the biometric appointment day or it has to be included in the package?
- Can I send more documents as proofs after this first package? If yes, how can I do that? Should it be filed alone or with any form above?

Do not forget I-131 the Travel Document.

And if you are applying for I-765 at the same time, the biometrics fee has to be included otherwise they will send your applications back. My friend forgot and they sent it back.

Send as much evidence as you currently have. I do not think they would want to receive additional documents separate. I know that you do not want to receive RFE (Request for Evidence) but I think you should just send what you have right now and when your interview comes, you can bring the additional information.

[azblk]

And if you are applying for I-765 at the same time, the biometrics fee has to be included otherwise they will send your applications back.

Not correct. While most people send send the fee with their i-485 petition, it is not a requirement. Below are the USCIS instructions on biometrics:

"Biometric Services Fee. If you file this petition with USCIS, you do not need to include a biometric services fee at the
time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric
services appointment notice with instructions on how to submit the additional biometric services fee. If you file this
petition with an agency other than USCIS, please check with that agency to determine if and when you must submit a
biometric services fee."

[Walbrzyszanka21]

Not correct. While most people send send the fee with their i-485 petition, it is not a requirement. Below are the USCIS instructions on biometrics:

"Biometric Services Fee. If you file this petition with USCIS, you do not need to include a biometric services fee at the
time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric
services appointment notice with instructions on how to submit the additional biometric services fee. If you file this
petition with an agency other than USCIS, please check with that agency to determine if and when you must submit a
biometric services fee.""Biometric Services Fee. If you file this petition with USCIS, you do not need to include a biometric services fee at the time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional biometric services fee. If you file this petition with an agency other than USCIS, please check with that agency to determine if and when you must submit a biometric services fee."

Alright but then why was my friend's application returned? It said that she did not include the Biometric fee. So it can go both ways and it depends on who gets your application. I would just include it in the application packet, it is 5% of the entire cost. Trust me I know that the nearly $2k price on these forms is just argh.

[S_R_E]

https://www.uscis.gov/us-visa-and-immigration-forms/paying-uscis-fees

USCIS no longer accepts forms submitted without the correct biometric services fees. You must pay the applicable biometric services fees at the time you file your form. We will reject your form if we receive it without the correct biometric services fee, as specified in the form instructions.

[azblk]

https://www.uscis.gov/us-visa-and-im...ing-uscis-fees

USCIS no longer accepts forms submitted without the correct biometric services fees. You must pay the applicable biometric services fees at the time you file your form. We will reject your form if we receive it without the correct biometric services fee, as specified in the form instructions.

I guess something changed or they have contradicting instructions.

[dot.dash]

Do not forget I-131 the Travel Document.

And if you are applying for I-765 at the same time, the biometrics fee has to be included otherwise they will send your applications back. My friend forgot and they sent it back.

Send as much evidence as you currently have. I do not think they would want to receive additional documents separate. I know that you do not want to receive RFE (Request for Evidence) but I think you should just send what you have right now and when your interview comes, you can bring the additional information.

I thought of including I-131 too at first. But in Part 4 of I-131, they ask for Purpose of trip and in the instruction they said:

"You must complete Part 4. of the form indicating how your intended travel fits within 1 of the 3
purposes below. You must also provide evidence of your reason for travel outside of the United States
including the dates of travel and the expected duration outside the United States. If your advance parole
application is approved, the validity dates of your Advance Parole Document will be for the duration of the
documented need for travel. Below are examples of acceptable evidence:
Educational Purposes
(a) A letter from a school employee acting in an official capacity describing the purpose of the travel and
explaining why travel is required or beneficial; or
(b) A document showing enrollment in an educational program requiring travel.
Employment Purposes
A letter from your employer or a conference host describing the need for the travel.
Humanitarian Purposes
(a) A letter from your physician explaining the nature of your medical condition, the specific medical
treatment to be sought outside of the United States, and a brief explanation why travel outside the U.S. is
medically necessary; or
(b) Documentation of a family member’s serious illness or death."

I don't have any of those evidences. That's why I want to exclude I-131. Which of those purpose did you put in your I-131?

[Walbrzyszanka21]

I thought of including I-131 too at first. But in Part 4 of I-131, they ask for Purpose of trip and in the instruction they said:

"You must complete Part 4. of the form indicating how your intended travel fits within 1 of the 3
purposes below. You must also provide evidence of your reason for travel outside of the United States
including the dates of travel and the expected duration outside the United States. If your advance parole
application is approved, the validity dates of your Advance Parole Document will be for the duration of the
documented need for travel. Below are examples of acceptable evidence:
Educational Purposes
(a) A letter from a school employee acting in an official capacity describing the purpose of the travel and
explaining why travel is required or beneficial; or
(b) A document showing enrollment in an educational program requiring travel.
Employment Purposes
A letter from your employer or a conference host describing the need for the travel.
Humanitarian Purposes
(a) A letter from your physician explaining the nature of your medical condition, the specific medical
treatment to be sought outside of the United States, and a brief explanation why travel outside the U.S. is
medically necessary; or
(b) Documentation of a family member’s serious illness or death."

I don't have any of those evidences. That's why I want to exclude I-131. Which of those purpose did you put in your I-131?

Well in my case I do not have an immediate need to travel overseas. If I have waited over 16 years, then I can wait another year or so. I did not fill that part out. In Part 7 I indicated that I want to use the Travel Document for more than one trip.

Not sure if that will come back to kick me in the behind but I honestly do not have any trips planned other than the ones that will happen after I get my GC which is Poland and Mexico. But I just want to get the travel document but there is no immediate need for it.

[dot.dash]

Well in my case I do not have an immediate need to travel overseas. If I have waited over 16 years, then I can wait another year or so. I did not fill that part out. In Part 7 I indicated that I want to use the Travel Document for more than one trip.

Not sure if that will come back to kick me in the behind but I honestly do not have any trips planned other than the ones that will happen after I get my GC which is Poland and Mexico. But I just want to get the travel document but there is no immediate need for it.

Ok. I'll follow what you did then ) Thanks a lot!

[Walbrzyszanka21]

Ok. I'll follow what you did then ) Thanks a lot!

I would still wait and see what others have to say. I just filed my stuff 6/2 and I only got done with biometrics so who knows if I am right or wrong. But best of luck!

[newacct]

I thought of including I-131 too at first. But in Part 4 of I-131, they ask for Purpose of trip and in the instruction they said:

"You must complete Part 4. of the form indicating how your intended travel fits within 1 of the 3
purposes below. You must also provide evidence of your reason for travel outside of the United States
including the dates of travel and the expected duration outside the United States. If your advance parole
application is approved, the validity dates of your Advance Parole Document will be for the duration of the
documented need for travel. Below are examples of acceptable evidence:
Educational Purposes
(a) A letter from a school employee acting in an official capacity describing the purpose of the travel and
explaining why travel is required or beneficial; or
(b) A document showing enrollment in an educational program requiring travel.
Employment Purposes
A letter from your employer or a conference host describing the need for the travel.
Humanitarian Purposes
(a) A letter from your physician explaining the nature of your medical condition, the specific medical
treatment to be sought outside of the United States, and a brief explanation why travel outside the U.S. is
medically necessary; or
(b) Documentation of a family member’s serious illness or death."

I don't have any of those evidences. That's why I want to exclude I-131. Which of those purpose did you put in your I-131?

No. You are filling out the form wrong. You should not even get to Part 4, because for non-DACA Advance Parole applicants, the form says to skip from Part 3 item 3 or 4 to Part 7.

As an AOS-based Advance Parole applicant, you do not need to provide any reason or explanation.

[Walbrzyszanka21]

No. You are filling out the form wrong. You should not even get to Part 4, because for non-DACA Advance Parole applicants, the form says to skip from Part 3 item 3 or 4 to Part 7.

As an AOS-based Advance Parole applicant, you do not need to provide any reason or explanation.

There we go! I knew there was some kind of instruction for that. Thank you!

[dot.dash]

No. You are filling out the form wrong. You should not even get to Part 4, because for non-DACA Advance Parole applicants, the form says to skip from Part 3 item 3 or 4 to Part 7.

As an AOS-based Advance Parole applicant, you do not need to provide any reason or explanation.

Ok. May be I missed it in the instruction due to lots of readings in a short time. Thank you so much

And another thing which is still unclear to me are some items in Part 2 and 4 of I-130 form. I am currently married (first time, and to the one who is sponsoring me) and my spouse had 1 previous marriage (which was ended). So she filled as the following:
- Part 2, item 16: How many times have you been married? -> 2
- Part 2, "Names of all your spouses", item 20.a,b,c -> my name, the current spouse
item 21: Date marriage ended -> N/A
item 22.a,b,c -> her previous spouse's name
- Part 4, "Names of beneficiary's spouses", item 21.a,b,c -> my wife's name, who is sponsoring me
item 22: Date marriage ended-> N/A

So, did she filled it correctly? And both of us are preparing the forms ourselves, there is no interpreter. Should I leave all the boxes in the interpreter's part blank or put N/A in all of it?

[newacct]

Ok. May be I missed it in the instruction due to lots of readings in a short time. Thank you so much

And another thing which is still unclear to me are some items in Part 2 and 4 of I-130 form. I am currently married (first time, and to the one who is sponsoring me) and my spouse had 1 previous marriage (which was ended). So she filled as the following:
- Part 2, item 16: How many times have you been married? -> 2
- Part 2, "Names of all your spouses", item 20.a,b,c -> my name, the current spouse
item 21: Date marriage ended -> N/A
item 22.a,b,c -> her previous spouse's name
- Part 4, "Names of beneficiary's spouses", item 21.a,b,c -> my wife's name, who is sponsoring me
item 22: Date marriage ended-> N/A

So, did she filled it correctly? And both of us are preparing the forms ourselves, there is no interpreter. Should I leave all the boxes in the interpreter's part blank or put N/A in all of it?

Sounds right