I previously files online an I-130, and I-130a. Now I'm going to file concurrently the I-485 and necessary other documents. When I send these to the USCIS lockbox and include the receipt that I filed the I-130a, should I send an additional copy of the I-130 and other evidence that I already filed?
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What does the instructions say?– littleadvAug 22, 2022 at 6:36
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@littleadv nothing: uscis.gov/sites/default/files/document/forms/i-485instr.pdf at least the i-485 instructions don't mention if you should resubmit the i-130 stuff you already sent.– Evan CarrollAug 22, 2022 at 6:41
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So why are you asking?– littleadvAug 22, 2022 at 6:42
1 Answer
For the I-485, you only include the documents listed as required in the I-485 instructions. Since you are filing I-485 separately from I-130, you need to include a copy of the I-130 receipt, because it is required by the I-485 instructions, What Evidence Must You Submit with Form I-485? #5. Documentation of Your Immigrant Category, which contains:
If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your petition is approved, you may submit your Form I-485 together with:
A. Your immigrant petition; or
B. A photocopy of Form I-797, Receipt Notice, for your immigrant petition.
A is for people who file I-130 an I-485 together. Since you filed I-130 first and I-485 later, you would include B, a copy of the I-130 receipt.
You do not need to include a copy of the actual I-130 form or any of the documents required by the I-130, unless they are also listed as required by the I-485 instructions.
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So it's better not to send things that have already been sent so long as they're not required. Basically, more isn't better here. Aug 22, 2022 at 17:13