Last updated 01/24/2020
Default Settings and Form Versions Used
Our software will produce a cover letter, checklists and completed government forms with customized attachment pages to effortlessly file your marriage-based adjustment of status case.
USCIS has started to accept the I-130 online, but still does not accept the I-485, I-864, I-765 or I-131 online. We prefer paper mailing for several reasons. All forms can be filed together and supporting documents, including photos, etc., are easily bound with the forms – giving USCIS a better review experience and users an easier package to review prior to submission
FORM VERSIONS AND CONFUSING EXPIRATION DATES
When USCIS publishes a new version of the form, it will continue to accept an old version of the form for a period of time to permit software companies like ours to integrate the never version.
Our site will always produce forms that are acceptable to USCIS as of the date of download – whether a new form or expiring form. The form versions used by our software will be listed below – with corresponding USCIS last date of acceptance, if any. We generally take only a couple of days to introduce a new form. You can download your case again (subject to the 8 merge limitation) if the newest version of the form is desired.
It should be noted that USCIS forms contain a OMB NO. and expiration date on the top of the form. That expiration date can expire with USCIS still continuing to accept the form. Sometimes, no new version of the form is produced by USCIS. This can be very confusing to our users. However, the USCIS last date of acceptance (if any) for any particular form version is what matters. The form version date is printed on the bottom of the forms.
A NOTE ON BARCODES AND WHY WE DO NOT USE THEM
USCIS will process forms with or without a barcode at the bottom of the page. USCIS has fluctuated between using barcodes on forms and then removing them. As a result, at one point our software had barcoding technology. However, we removed it because in our experience, it makes no difference whether a barcode is used or not. Furthermore, we want users to be able to make changes to the PDF forms after download without conflicting information in the barcodes.
FORMS PRODUCED BY LEGALRESIDENT.COM
Forms currently produced by our Site include the (I-130, and I -130A – current version 02/13/19), the green card application (I-485 – old version 12/13/17 with no date of last acceptance), the affidavit of support (I-1864 – current version 03/06/18), the temporary work permit application (I-765 – current version 05/31/18), and the temporary travel permit application (I-131 – current version 04/24/19).
Our system uses attorney approved presets to streamline the form generating process for the majority of individuals. PDF forms are editable after download for the minority.
GENERAL DEFAULT SETTINGS FOR ALL FORMS
- The petitioner/sponsor is a US citizen on all forms as this software program is only intended to be used by US citizens filing for spouses.
- English ability is presumed for both the US citizen and immigrant spouse because they are expected to complete their own forms online together. Interpreter and preparer information is left out for the same reason.
- USCIS online account numbers are not populated as we presume most individual will not have one at this point and they are not required.
- There is no space for more than three simultaneous current employers for the immigrant spouse. It is assumed that most immigrants are not currently working four or more simultaneous jobs.
FORM I -130 DEFAULT SETTINGS
- Page 4 of I-130; Since the petitioner is a US citizen, no information is populated regarding permanent resident status.
- Page 5 of I-130; The address where the immigrant intends to live in United States is the same as the immigrant’s current physical address. Our software is only meant to be used by immigrants currently living in the United States.
- Page 5 of I-130; No foreign address for the immigrant is provided as the immigrant is living in the United States.
- Page 8 of I-130; Users are prompted to select a local USCIS Field Office for adjudication of the adjustment of status case. Our software is not meant to be used for consular processing.
FORM I – 485 DEFAULT SETTINGS
- Page 2 of I-485; Alternate and/or safe mailing address is not populated because VAWA, U visa and T visa cases are not handled.
- Page 2 of I-485; Default of inspection at port of entry is used as most will not have been paroled, and cases without inspection or parole are not contemplated.
- Page 2 of I-485; “Same as above, if any” is used to refer to class of entry.
- Page 3 of I-485; Immediate relative category is presumed as our software only handles adjustment of status cases for “immediate relatives” of US citizens.
- Page 3 of I-485; It is presumed that this is not an adjustment under INA section 245(i) as our software only handles cases for “immediate relatives” of US citizens who have entered the US with inspection pursuant to a non-disqualifying visa.
- Page 4 of I-485; “Principle” and “derivative” information is not populated as there are no principals or derivatives of adjustment of status cases for “immediate relatives” of US citizens.
- Page 7-8 of I-485; The box if checked “no” for current spouse and children (if any) when asked if “applying with you” because there are no principals or derivatives of adjustment of status cases for “immediate relatives” of US citizens. This is the correct answer even if multiple cases are filed simultaneously.
- Page 9 of I-485; There is space for only six group memberships to list. Most do not list any group memberships, so we decided to cap our system limit at six. Additional attachment pages and group memberships will need to be created manually by users with more than six group memberships.
FORM I-864 DEFAULT SETTINGS
- Page 2 of I-864; Immigrant spouse is only immigrant sponsored. Even if the petitioner will sponsor others, they should not be listed here.
- Page 5 of I-864; Indicates US citizen sponsor has filed taxes for the last three tax years (a prerequisite for using our program). Last three tax years generated automatically every new tax day.
- Page 5 of I-864; Opts for including copies of the last three tax returns with submission.
- Page 5-6 of I-864; Assets are not utilized. Prequalified users of our software should not need additional support in the form of assets, and in our experience, listing assets here frequently causes Requests for Evidence from USCIS due to the precise nature of what USCIS considered proof of assets.
FORM I -765 DEFAULT SETTINGS
- Page 1 of I-765; Initial permission to accept employment is selected. This is the appropriate answer even for most individuals who have received a prior work authorization document from USCIS, since as the instructions from USCIS indicate renewal should only be selected if the underlying category of the work authorization request is the same. Most all users will not be renewing a (c)(9) employment authorization documents.
- Page 2 of I-765; The appropriate category of (c)(9) is selected for an adjustment of status based work authorization request.
FORM I-131 DEFAULT SETTINGS
- Page 1 of I -131; The “physical address” of the immigrant is populated with the mailing address of the immigrant.
- Page 2 of I -131; Requested document type is an “advance parole” document.
- Page 2 of I -131; Date of intended departure is four months post merge presuming that USCIS will give no weight to the date listed here if a future date at time of filing.
- Page 2 of I -131; Presumed immigrant is not in exclusion, deportation, removal, or rescission proceedings.
- Page 2 of I -131; Presumed immigrant has never been issued a reentry permit or Refugee Travel Document.
- Page 3 of I -131; Requesting that advance parole document be sent to immigrant’s mailing address.
- Page 3 of I -131; Purpose of proposed travel is vague. “I am requesting an advance parole document in the event that I need to travel while my adjustment of status application is pending.”
- Page 3 of I -131; List of countries the immigrant intends to visit is unknown.
- Page 4 of I-131; More than one future trip outside of the United States is presumed.