Prepare to file I485

[Ramchan]

As the dates are expected to move fast for the next few months, lets prepare for the documents required to file 485.

The following is a generic list of documents required for applying for 485/AoS application:

Form I-485
Birth Certificate
Copy of Passport page with nonimmigrant visa
Color photographs as per new guidelines
Fingerprints ( USCIS will notify when and where to provide finger Print)
Fee : Non refundable Fee: $985( Effective Nov, 23, 2010) by check or money order
Form G-325A, Biographic Information (for those between the ages of 14 and 79 years)
Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.
Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available)
Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.
Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending)
Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case.

Please add if missing anything.

[soggadu]

very well listed...one request though...can you/some1 put a copy of affidavit for birth certificate? and how many do we need?

As the dates are expected to move fast for the next few months, lets prepare for the documents required to file 485.

The following is a generic list of documents required for applying for 485/AoS application:

Form I-485
Birth Certificate
Copy of Passport page with nonimmigrant visa
Color photographs as per new guidelines
Fingerprints ( USCIS will notify when and where to provide finger Print)
Fee : Non refundable Fee: $985( Effective Nov, 23, 2010) by check or money order
Form G-325A, Biographic Information (for those between the ages of 14 and 79 years)
Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.
Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available)
Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.
Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending)
Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case.

Please add if missing anything.

[venoo_d]

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[cbpds1]

she has to be in US at the time of filing.

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[superdesi2100]

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

she has to be in the US. You may want her to apply for H4 (if you are on H1b). Let her enter the US on H4 and then apply for AOS. That way she will get an EAD and AP... otherwise she will have to apply for an immigrant visa at a US Consulate in India.

[kolugc]

I might be wrong, but what I believe is you should here to apply for 485, so your wife should be here. If she got her passport back from Chennai embassy, why don't you sent her for H4 and get that stamped and get her here by Nov 1st - Nov 30th and then apply for 485 that way.

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[nishant2200]

I frankly on this want to say that contacting an immigration lawyer is best option.

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[qesehmk]

I think she can apply for AOS while you can opt for 485.

To file 485 she needs to be in US which means her H4 needs to come through.

Worst case is your 485 is approved and then she applies for hers based on your GC. But most likely things should be sorted out much before that.

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

I don't see any problem. H1 is dual intent so even if you are travelling on H1, its not a problem.

[mygctracker]

Q/Veni,

I have a silly question, I know the answer, but wanted to ask anyway... Do we have to mention our daughter's name (who is US citizen) in mine or my spouse's I-485 packet anywhere??? Are there any separate forms needed to fill?? Please clarify.

Thanks.

[qesehmk]

Unless they ask for... not required. I dont think i ever mentioned that in any of those forms.

Q/Veni,

I have a silly question, I know the answer, but wanted to ask anyway... Do we have to mention our daughter's name (who is US citizen) in mine or my spouse's I-485 packet anywhere??? Are there any separate forms needed to fill?? Please clarify.

Thanks.

[nishant2200]

Unless they ask for... not required. I dont think i ever mentioned that in any of those forms.

Guys, the I-485 form has on page 2 a section to fill out details about spouse and all children. I do believe you should fill it out over there.

[veni001]

Q/Veni,

I have a silly question, I know the answer, but wanted to ask anyway... Do we have to mention our daughter's name (who is US citizen) in mine or my spouse's I-485 packet anywhere??? Are there any separate forms needed to fill?? Please clarify.

Thanks.

mygctracker,
Yes, attorney included our child (USC) on both of our i485's. Applying with you should be checked "No"
No additional forms required.

[veni001]

As the dates are expected to move fast for the next few months, lets prepare for the documents required to file 485.

.........
Fee : Non refundable Fee: $985( Effective Nov, 23, 2010) by check or money order
..............

Including $85 for bio-metrics, Total fee will be $1070.00

[dummie_q]

Gurus

When filing I-485, it is mentioned that in order to file for the spouse's 485, we would need all prior H4 approvals. We have never received a separate H4 approval notice until now (two H1 transfers and one extension). Is there any way for us to get hold of prior H4 approvals? Is it still possible to file for I-485 without this just based on visa stamping and I-94?

Any help is much appreciated.

Thanks!

[chikitsak]

You need H 4 approval only if you have one. If you spouse is on H1 then those are the approvals you need.

Gurus

When filing I-485, it is mentioned that in order to file for the spouse's 485, we would need all prior H4 approvals. We have never received a separate H4 approval notice until now (two H1 transfers and one extension). Is there any way for us to get hold of prior H4 approvals? Is it still possible to file for I-485 without this just based on visa stamping and I-94?

Any help is much appreciated.

Thanks!

[dummie_q]

She has never been on H1 - always on H4. That being the case, would we need her H4 approvals in order to file for her 485 etc or will it be sufficient to have the latest I-94 at POE?

Thanks

[chikitsak]

there are 2 ways she can be on H4
1. She applied for and got a Visa stamped in Home country - In this case u need copy of Visa + I 94 from Passport as you will not have I 797
2. She had Status change or extension done here in the US - In this case you will have a I 797 and may also have a visa stamp in the passport and will need copies of both.

[madsimba]

Folks,

I have a question, I hope you can answer or redirect me to anyone who can. I'm preparing to file for my 485 (first time) in November. I will be adding my wife as a dependant. Her H1 recently expired and her employer had filed for an extension, but there was a 2 day difference between the expiry and new application. Is that going to be an valid status issue when filing for the 485? Any personal experience from you or your friends please? I'm assuming that the new appilcation receipt will be proof of valid stay.

Thank you much, in advance.

[dummie_q]

Thanks chikitsak!

[Sandeep2011]

Hi,

My employer is in the midst of major restructuring and immigration is not something that is on the top of the list during this reorg. As a result, although i have become current during Nov visa bulletin, there is no action taken by my company despite my repeated follow-ups to start 485 process. I have all the documents needed to file I-485 except for employment letter. If i get the employment letter from HR, can i go ahead and file I-485 on my own or do i have to go through a company appointed attorney? Also, by when do i need to file my application - do i have time till Nov 30th or do i need to file before December visa bulletin comes out?

Thanks.

[Pedro Gonzales]

Guys with out my fault and because of my employer's mistake back in 2009 , I was out of status for over 2 months . My employer withdrew my visa and didnt tell me . He told me 2 months after he did it and I rushed to apply for h4 since spouse on h1b and h4 got approved , got an h1 with a new employer and then about 1 year transferred h1 to my current MNC corporation. I have an M.S from a reputed university and about overall 3 h1b's and 2 h4s all approved. Now as my spouse primary is readying to file for 485 next month ( if current for Dec PD 07 Ind) , jitters running through thinking about those 2 months of out of status. I had already put this question to this forum earlier and Q was kind enough to answer. I'm fearful of any rfe since that year I did not have payroll run for few months and dont have pay stubs if proof is sought. Since that incident I have no t left the country or traveled outside . I confronted my ex employer and he said since I'm not the primary applicant I should be ok . Any thoughts from gurus ? Now I'm also wondering if in the form somewhere I should accept that I had been out of status or not .

I've been following Guru Nishant's advice and have been preparing my paperwork for my I485 submission and I haven't seen anything here that requires docs from my wife (i'm the primary) to prove that she's been in status throughout. Correct me if I'm wrong, anyone. Amongst the list of items my lawyer had asked me to keep ready, the most painful was all docs required (I90s, 94s, 797s, etc) to prove that I was in status all the way from when I first came here in 2003 (not for submission I believe, just to satisfy her and have it ready in case of an RFE), and when I asked if she needed this stuff for my wife too, she said she didn't. So, I think you should be fine unless something else in your history triggers an RFE. Still, I'd recommend a consultation with a good lawyer (if you don't already have one), to ask them about this. Amortize the $500 it would cost you over the rest of your life, and it's probably come out to less than $1 per month. Money well spent, I think.

[Pedro Gonzales]

Hi Guru's,

Do we need to have all the tax return copies when filing I-485 ? if so how many years copies do we need ?

The IRS look back is 7 years, so you'd want to keep that many years of returns available in any case. I doubt that the USCIS could ask you to go back further, but I have not seen any concrete specs.

[rich895]

Hi Guys,

My PD got current on Dec 2011 bulletin. My wife is on H1B. She will be listed as dependent on my 485.

Her employer applied for her H1B extension. They received RFE recently from USCIS. RFE is more on the lines of Employment verification letter and so on (Consultant H1B). Her employer is working with the client in preparation for the RFE response.

While preparing the documents for my 485 filing, I sent the H1 extension receipt notice for my wife (dependent in my 485 case) to my lawyer. he happen to see the RFE state and freaked out. He asked abt RFE and asked if its been addressed. I conveyed that her employer is actively working on it. Still he insist on converting her to H4, to be on safer side, so that she is in valid status.

Is this necessary to convert to H4. I seriously doubt. If not needed, is there anything I need to make sure from my wife's H1B extension RFE, before or while applying my 485 on Dec 1'st or so.

Thanks.

[ontheedge]

Hi Guys,

My PD got current on Dec 2011 bulletin. My wife is on H1B. She will be listed as dependent on my 485.

Her employer applied for her H1B extension. They received RFE recently from USCIS. RFE is more on the lines of Employment verification letter and so on (Consultant H1B). Her employer is working with the client in preparation for the RFE response.

While preparing the documents for my 485 filing, I sent the H1 extension receipt notice for my wife (dependent in my 485 case) to my lawyer. he happen to see the RFE state and freaked out. He asked abt RFE and asked if its been addressed. I conveyed that her employer is actively working on it. Still he insist on converting her to H4, to be on safer side, so that she is in valid status.

Is this necessary to convert to H4. I seriously doubt. If not needed, is there anything I need to make sure from my wife's H1B extension RFE, before or while applying my 485 on Dec 1'st or so.

Thanks.

Would responding to RFE and coverting to PP be done at the same time? This way, she will have her approval before Dec 1 (or whenever you decide to mail the docs). But if something negative happens, I dont know what your lawyer will recommend.

[nishant2200]

A. Certified copy of your Marriage Certificate



B. Copies of the joint federal income tax returns filed for 2008

2009, and 2010, plus copies of any issued 1099 or W-2s;



C. Letter confirming your employment stating each position you

have and are performing at Atlas, the duties of your current

position, your current salary, and a statement that you will

be paid the requisite permanent resident salary as listed on

the certified PERM Department of Labor Form when permanent

residence is granted;



D. Copy of your Passport (biographic page and each and every

US visa stamp and each and every US admission entry stamp);



E. Same as item D for your wife;



F. Copy of your I-94 form (front and back);



G. Same as item G for your wife;



H. Copies of all issued US Immigration Work Permits, EAD Cards,

Notices of Action for H-1B and H-4 for you and your wife;



I. If you studied in the USA, copies of all I-20s and EAD cards;



J. Six(6) Passport Picture, passport style, color,

front view, sixe 2” by 2” for you;



K. Same as J above for your wife;



L. Termination decrees of prior marriages, if applicable



M. Completion of the questionnaires forwarded earlier;



N. INS Medical examination must be completed by an INS authorized

Physician – Attachments sent for you and your wife



O. Your Birth Certificate showing your name, date and place

of birth and the names of your parents



P. Your wife’s Birth Certificate (same as above)



Q. Your child’s Birth Certificate





R. Copies of any criminal or police record, if applicable;



S. Copies of your last 4 issued payroll check stubs;



T. Your wife’s Immigration filing fee to the US CIS is $1,070.00

Check payable to the Department of Homeland Security;



U. Payment to my office for your wife’s Green Card processing

for $850.00. Check payable to Alan R. Klein, Attorney at Law;



V. Your Immigration filing fee to the US CIS is $1,070.00.

Check payable to the Department of Homeland Security;



When ready please forward and or bring in so that I can prepare the requisite forms and documents for signature.