Help! Questions on i-485, marriage based case.

[Cheryl1226]

Hi, I am currently filing the i-485 and I have several questions about the form. I appreciate any help and answer here from you.

Some background information about me:
I came in US in 2014 as a F-1 student. I am during my grace period since my school program was over on June 30th (the grace period is from July 1st to August 30th). I married to my husband (a USC) on June18th this year. Now I am applying for AOS.

Questions about i-485 form
1. Question Number 25:
Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?
I did not have any criminal things involved. But I got a traffic ticket in March 2018. The reason was because I did not totally stop (only slowed down the speed) when I turned right at an intersection while the light was red. I did not hit anything or make damage to anything. I paid the fee (around $500) and attended online traffic school to prevent the point on DMV. No record from DMV shows this. I got the ticket in California where I was living at. Now I am in Indiana.
Should I answer the question YES or NO? And if Yes, I guess I need attach all document to it including the receipt of the fee I paid and the record showing me attend the traffic school at Part 14 as additional information?
Also, should I answer Number 26 and Number 27 both No based on the case?
?-26. Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that
crime)?
?-27. Have you EVER pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?

2. Question on Employment outside US
Part 3 Item 19
Provide your most recent employment outside of the United States (if not already listed above).
I never worked outside US. Should I leave this blank? Or if so should I explain at Part 14 as additional information?

3. Should I use ?United States? or ?USA? or ?U.S.? for filling the information?
This applies to my information on all address in US.

4. Should I mail out original documents or the copy only?
Should I mail out the original documents of birth certificate and my I-20 or copies of those would be OK?


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Here are some questions about i-765. I also appreciate if you can help answer these:

I am currently filing I-765 with I-485 and have several questions about the form.

My Questions:
1. My EAD card for OPT got expired in February 2017. Now I am applying a EAD but based on marriage based AOS. For the first question on I-765 form, it asks about:
I am applying for:
??-Permission to accept employment.

??-Replacement (of lost employment authorization document).
??-Renewal of my permission to accept employment (attach a copy of your previous employment authorization document).
Which one should I select?

2. Question Number 20 on I-765. About the eligibility category, since I am filing it with I-485, so I suppose I should enter (c)(9)?
It shows as a three-digit blank: () () ()
So should I enter as (c) (9) () or () (c) (9) ? Or other kind of display?


Please answer below or message me directly. Thank you so much!

[hpx3000]

1. Question Number 25:
Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?
I did not have any criminal things involved. But I got a traffic ticket in March 2018.

USCIS says: "Unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine less than $500 and/or points on your driver's license." The answer appears to hinge on how much you exactly paid since it's pretty close to $500. Also, based on experiences people have had with IO, traffic stops are not cared for unless they are for DUI or something serious. You are recommended however, to bring it up yourself during the interview. I had a speeding ticket from about 10 years ago which I myself had forgotten about until I saw your post haha! Oh well.

2. Question on Employment outside US
Part 3 Item 19
Provide your most recent employment outside of the United States (if not already listed above).
I never worked outside US. Should I leave this blank? Or if so should I explain at Part 14 as additional information?

Yes, blank.

3. Should I use ?United States? or ?USA? or ?U.S.? for filling the information?
This applies to my information on all address in US.

Any among those will work just fine. But why are you writing "US" for US addresses? I do not think it's necessary.

4. Should I mail out original documents or the copy only?
Should I mail out the original documents of birth certificate and my I-20 or copies of those would be OK?

I made color photocopies and mailed those in. Keep originals with you in case you need reproduce copies again or need to show the original copies down the road.

1. My EAD card for OPT got expired in February 2017. Now I am applying a EAD but based on marriage based AOS. For the first question on I-765 form, it asks about:
I am applying for:
??-Permission to accept employment.

??-Replacement (of lost employment authorization document).
??-Renewal of my permission to accept employment (attach a copy of your previous employment authorization document).
Which one should I select?

Permission to accept employment as this EAD will be a new one and not the extension of the card during your OPT.

2. Question Number 20 on I-765. About the eligibility category, since I am filing it with I-485, so I suppose I should enter (c)(9)?
It shows as a three-digit blank: () () ()
So should I enter as (c) (9) () or () (c) (9) ? Or other kind of display?

I went with (c) (9) () but the latter should be fine too.

There are more experienced users in the forum so hopefully some of them can chime in as well. Good luck!

[UScitizenFilingforspouse]

There are more experienced users in the forum so hopefully some of them can chime in as well. Good luck![/QUOTE]

True, but all the answers to those questions are on the instructions.

[kaylip]

"Misdemeanor & Felony Traffic Offenses. Most traffic tickets are issued for traffic offenses called "infractions" -- including tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses."

So technically the answer would be NO.

I answered YES to Part 8 No. 15 because 6 years ago I was denied a non-immigrant visa back in my country because I had just started my job and had no ties. When I answered YES the officer asked me to explain & I did but he was marking the application and ticked off NO.

My advice, if you select YES explain what it is in the additional pages section and the officer will mark it off correctly. That's what I did. Just be honest to clear your conscience!
Good luck!

[newacct]

1. Question Number 25:
Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?
I did not have any criminal things involved. But I got a traffic ticket in March 2018. The reason was because I did not totally stop (only slowed down the speed) when I turned right at an intersection while the light was red. I did not hit anything or make damage to anything. I paid the fee (around $500) and attended online traffic school to prevent the point on DMV. No record from DMV shows this. I got the ticket in California where I was living at. Now I am in Indiana.
Should I answer the question YES or NO? And if Yes, I guess I need attach all document to it including the receipt of the fee I paid and the record showing me attend the traffic school at Part 14 as additional information?

Answer Yes, because you were "cited". If it was below $500, you do not need to attach documentation about it.

Also, should I answer Number 26 and Number 27 both No based on the case?
?-26. Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that
crime)?
?-27. Have you EVER pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?

Those should be No.

2. Question on Employment outside US
Part 3 Item 19
Provide your most recent employment outside of the United States (if not already listed above).
I never worked outside US. Should I leave this blank? Or if so should I explain at Part 14 as additional information?

Put "none"

3. Should I use ?United States? or ?USA? or ?U.S.? for filling the information?
This applies to my information on all address in US.

Any of those should be fine

4. Should I mail out original documents or the copy only?
Should I mail out the original documents of birth certificate and my I-20 or copies of those would be OK?

Do not mail originals; you will not get them back.

[Cheryl1226]

Answer Yes, because you were "cited". If it was below $500, you do not need to attach documentation about it.


Those should be No.


Put "none"


Any of those should be fine


Do not mail originals; you will not get them back.

Thank you very much. This is really helpful. The fee was $490 so I guess I only need select "YES" to item 25 and explain details at part 14 additional information.

[Cheryl1226]

"Misdemeanor & Felony Traffic Offenses. Most traffic tickets are issued for traffic offenses called "infractions" -- including tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses."

So technically the answer would be NO.

I answered YES to Part 8 No. 15 because 6 years ago I was denied a non-immigrant visa back in my country because I had just started my job and had no ties. When I answered YES the officer asked me to explain & I did but he was marking the application and ticked off NO.

My advice, if you select YES explain what it is in the additional pages section and the officer will mark it off correctly. That's what I did. Just be honest to clear your conscience!
Good luck!

Thanks for your reply. I agree it is better to give the detailed information before they find those by their end. I will answer "YES" to item 25 and explain details at part 14.

[Cheryl1226]

USCIS says: "Unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine less than $500 and/or points on your driver's license." The answer appears to hinge on how much you exactly paid since it's pretty close to $500. Also, based on experiences people have had with IO, traffic stops are not cared for unless they are for DUI or something serious. You are recommended however, to bring it up yourself during the interview. I had a speeding ticket from about 10 years ago which I myself had forgotten about until I saw your post haha! Oh well.


Yes, blank.


Any among those will work just fine. But why are you writing "US" for US addresses? I do not think it's necessary.


I made color photocopies and mailed those in. Keep originals with you in case you need reproduce copies again or need to show the original copies down the road.


Permission to accept employment as this EAD will be a new one and not the extension of the card during your OPT.


I went with (c) (9) () but the latter should be fine too.

There are more experienced users in the forum so hopefully some of them can chime in as well. Good luck!

Thanks so much for your reply. It is really helpful.
That ticket fee is $490 so I guess I only need answer item 25 "YES" and explain details in part 14 for additional information but I don't need attache copy of my payment of the fee? (maybe I still attach it just in case).
That is a good idea to make color photocopies of everything.
This whole process and work are not easy for me since English is not my first language. So I do appreciate all the help from people like you.
Best

[Houston2016]

read instructions!

There are more experienced users in the forum so hopefully some of them can chime in as well. Good luck!
True, but all the answers to those questions are on the instructions.

Yes read instructions, if you don't understand them read them again but slowly!!!
regarding your questions
Do not send originals! only copies. Color or B/W doesn't matter.

Keep it simple.

Questions about i-485 form
1. - ***Been corrected on it and i'v deleted my suggestion.
2. Question on Employment outside US
Part 3 Item 19 Provide your most recent employment outside of the United States (if not already listed above).
...Should I leave this blank? - Blank
(I never worked outside US.)
3. Should I use ?United States? or ?USA? or ?U.S.? for filling the information?
This applies to my information on all address in US. - When place of birth - United States, when U.S. address you need only state.
4. Should I mail out original documents or the copy only? - again, absolutely not originals, only copies B/W or color doesn't matter.

My Questions I-765:
1. My EAD card for OPT got expired in February 2017. Now I am applying a EAD but based on marriage based AOS. For the first question - Permission to accept employment.

2. Question Number 20 - (c) (9) ()


Hope it helps.
There is examples you can googl, or u-tube tutorials on how to file AOS, very helpful. Again read instructions!

[Houston2016]

Why YES!!??

Thanks so much for your reply. It is really helpful.
That ticket fee is $490 so I guess I only need answer item 25 "YES" and explain details in part 14 ...

***Been corrected on it and i'v deleted my post

Looks like rules got stricter since new I-485 form in 2017.
My hubby had a speeding ticket, but judge dismissed it. Now i am thinking should we mention it on the Interview...

[newacct]

Have you EVER been arrested - NO, cited (to appear in a court of law)- NO, charged - NO, or detained - NO for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?

You had a traffic ticket, what you have paid, it less than $500, you don't see any record in your DMV.

Why you want to answer YES to this question!!!???

A traffic ticket is a traffic citation. It means you were "cited".