ready to go - AOS package

[WOG 15]

Hi All - sorry in advance for long post!

 

Fiancee comes over on the K1 from the UK next week and should be ready to send the AOS package (including right to work) shortly after our NYC courthouse wedding. Wanted to put together a summary of the package and some questions to get the groups feedback. For background our case is somewhat straightforward - no children, previous marriages, issues with support, etc. 

 

Any feedback or comments would be greatly appreciated

 

Including in my package to be sent to USCIS in Chicago:

1. G-1145

2. I-485 form + filing fees - $1,225

3. I-797 - assumption here is that this is in my fiancee's unopened package includes this? otherwise I only have the 797C showing receipt of the I-129F form

4. Copy of Marriage Certificate - understanding is that this does not need to certified?

5. Birth Certificate Copy (long form including parents names)

6. Copy of passport page w/ nonimmigrant visa

7. Copy of passport page w/ admission or parole stamp

8. 2 passport photos

9. Copy of Form I-94 this form i will pull directly from the CBP website - is it updated in real time (i.e. can i pull my fiancee's arrival info next day?)

10. I-864 form of support

11. I-765 - no fees needed if with I-485. to confirm - any way to expediate this? I believe there isn't

12. I-693 - currently not planning on including - can file later/possibly not needed as within one year and good on vaccinations

 

Questions

On I-485

• Part 1, Q15-21 – to confirm this information for K1 holders would be the time they entered the US on the K1 visa (i.e. the last time they arrived)
  • For 19. does the packet include a nonimmigrant visa number?
• Part 1, Q22 – to confirm you would select 22.a. for K1 individuals – I’ve written “K Visa Holder”
• Part 1, Q23a-c. – assuming this information is pulled from online after K1 holder has entered country
• Part 1, Q24. – as we have gone from engaged to married, I’ve put “K1 visa holder, now married” to reflect the current immigrant status – since I am assuming it has changed since her arrival on the K1?
• Part 2, Q3-4 – assumption here is that I will need to pull the information from the K1’s visa holder packet after she is in the country
• Part 3, Q1 – assumption here is that you would select no for a K1 visa holder (as their application for a K1 visa was not a permanent resident application)
• Part 5, Q10 – As a USA citizen, I would assume that I would select “No” here as I as the spouse am not applying (just my fiancée/now wife)

 

On I-765

• Q18 – I’ve written “K1 visa holder” – confirm accurate?
• Q19. – I’ve written in “K1 visa married applying for AOS and EAD” should I be putting something different here?

 

Thank you in advance to anyone who has a chance to take a look!

 

Thanks

 

J

[Alabamak1 688]

13 minutes ago, WOG said:

Hi All - sorry in advance for long post!

 

Fiancee comes over on the K1 from the UK next week and should be ready to send the AOS package (including right to work) shortly after our NYC courthouse wedding. Wanted to put together a summary of the package and some questions to get the groups feedback. For background our case is somewhat straightforward - no children, previous marriages, issues with support, etc. 

 

Any feedback or comments would be greatly appreciated

 

Including in my package to be sent to USCIS in Chicago:

1. G-1145

2. I-485 form + filing fees - $1,225

3. I-797 - assumption here is that this is in my fiancee's unopened package includes this? otherwise I only have the 797C showing receipt of the I-129F form

4. Copy of Marriage Certificate - understanding is that this does not need to certified?

5. Birth Certificate Copy (long form including parents names)

6. Copy of passport page w/ nonimmigrant visa

7. Copy of passport page w/ admission or parole stamp

8. 2 passport photos

9. Copy of Form I-94 this form i will pull directly from the CBP website - is it updated in real time (i.e. can i pull my fiancee's arrival info next day?)

10. I-864 form of support

11. I-765 - no fees needed if with I-485. to confirm - any way to expediate this? I believe there isn't

12. I-693 - currently not planning on including - can file later/possibly not needed as within one year and good on vaccinations

 

Questions

On I-485

• Part 1, Q15-21 – to confirm this information for K1 holders would be the time they entered the US on the K1 visa (i.e. the last time they arrived)
  • For 19. does the packet include a nonimmigrant visa number?
• Part 1, Q22 – to confirm you would select 22.a. for K1 individuals – I’ve written “K Visa Holder”
• Part 1, Q23a-c. – assuming this information is pulled from online after K1 holder has entered country
• Part 1, Q24. – as we have gone from engaged to married, I’ve put “K1 visa holder, now married” to reflect the current immigrant status – since I am assuming it has changed since her arrival on the K1?
• Part 2, Q3-4 – assumption here is that I will need to pull the information from the K1’s visa holder packet after she is in the country
• Part 3, Q1 – assumption here is that you would select no for a K1 visa holder (as their application for a K1 visa was not a permanent resident application)
• Part 5, Q10 – As a USA citizen, I would assume that I would select “No” here as I as the spouse am not applying (just my fiancée/now wife)

 

On I-765

• Q18 – I’ve written “K1 visa holder” – confirm accurate?
• Q19. – I’ve written in “K1 visa married applying for AOS and EAD” should I be putting something different here?

 

Thank you in advance to anyone who has a chance to take a look!

 

Thanks

 

J

I-94 can be printed the next day. I suggest to get SS# before getting married and before changing your name if that is the case. Sorry couldn't tell who the beneficiary is. 

[WOG 15]

Thanks Alabamk - As a part of the form I-765, we will be applying for a SS number for my fiancee/soon to be wife. 

 

Is there a benefit to doing this before/separately? 

 

From a name change standpoint, we determined it best to leave our names exactly as is - just makes things easier. 

4 minutes ago, Alabamak1 said:

I-94 can be printed the next day. I suggest to get SS# before getting married and before changing your name if that is the case. Sorry couldn't tell who the beneficiary is. 

Thanks Alabamk - As a part of the form I-765, we will be applying for a SS number for my fiancee/soon to be wife. 

 

Is there a benefit to doing this before/separately? 

 

From a name change standpoint, we determined it best to leave our names exactly as is - just makes things easier. 

[FlashLG 152]

Hi, here are answers to your questions (in bold) based on my experience. I applied for AOS along with EAD and Advanced Parole in November. Received my EAD/AP card in the mail yesterday and my social today. I didn't realise that I could apply for SSN when I first arrived on the K1, so I applied for it with AOS. I regret not applying for my SSN when I arrived as I haven't able to open a bank account, get a driving licence or be put on my wife's health insurance without it. You can apply for a SSN up to 14 days (I believe) before your K1 visa expires and I would strongly urge you to do this, especially as the waiting times for EAD/AP from filing AOS is currently around 5-7 months, and  the SSN is only issued when they are approved.

 

Questions

On I-485

• Part 1, Q15-21 – to confirm this information for K1 holders would be the time they entered the US on the K1 visa (i.e. the last time they arrived) Yes
  • For 19. does the packet include a nonimmigrant visa number?  The nonimmigrant visa number is written on the visa in the K1 holders passport and should be entered here
• Part 1, Q22 – to confirm you would select 22.a. for K1 individuals – I’ve written “K Visa Holder” Yes, select 22.a. I wrote 'NONIMMIGRANT FIANCE VISA HOLDER' in the box
• Part 1, Q23a-c. – assuming this information is pulled from online after K1 holder has entered country Yes
• Part 1, Q24. – as we have gone from engaged to married, I’ve put “K1 visa holder, now married” to reflect the current immigrant status – since I am assuming it has changed since her arrival on the K1? I left this blank based on what I had read, as I don't believe the status has changed, even though you are now married
• Part 2, Q3-4 – assumption here is that I will need to pull the information from the K1’s visa holder packet after she is in the country I left blank based on what I had read. I don't think you need to fill it in as there is no underlying petition
• Part 3, Q1 – assumption here is that you would select no for a K1 visa holder (as their application for a K1 visa was not a permanent resident application) Correct, select 'No'
• Part 5, Q10 – As a USA citizen, I would assume that I would select “No” here as I as the spouse am not applying (just my fiancée/now wife) Correct, select 'No'

 

On I-765

• Q18 – I’ve written “K1 visa holder” – confirm accurate? Yes (I put 'K1 visa)
• Q19. – I’ve written in “K1 visa married applying for AOS and EAD” should I be putting something different here? I just put 'K1'

Edited June 13, 2018 by FlashLG
typo correction

[FlashLG 152]

Also, from your list it doesn't look like you are applying for Advanced Parole. I would suggest doing this anyway, even if your fiance isn't planning on travelling back to the UK any time soon. You never know in the future between submitting AOS and receiving the Green Card if the need might arise to urgently travel back to the UK, as this can be a long time (a year or more). It's better to have the option to do be able to do so and not need it, than to not have the option and need to travel, especially as the consequences of traveling outside the US without AP and before GC can be severe. 

[Alabamak1 688]

20 minutes ago, WOG said:

Thanks Alabamk - As a part of the form I-765, we will be applying for a SS number for my fiancee/soon to be wife. 

 

Is there a benefit to doing this before/separately? 

 

From a name change standpoint, we determined it best to leave our names exactly as is - just makes things easier. 

Thanks Alabamk - As a part of the form I-765, we will be applying for a SS number for my fiancee/soon to be wife. 

 

Is there a benefit to doing this before/separately? 

 

From a name change standpoint, we determined it best to leave our names exactly as is - just makes things easier. 

Some SSA don't allow till you get your EAD if you changed your name after marriage. In your case that shouldn't matter since she wont change her name. We decided not to change her name and still applied for SS# before we send our AOS out.

[WOG 15]

10 minutes ago, FlashLG said:

Also, from your list it doesn't look like you are applying for Advanced Parole. I would suggest doing this anyway, even if your fiance isn't planning on travelling back to the UK any time soon. You never know in the future between submitting AOS and receiving the Green Card if the need might arise to urgently travel back to the UK, as this can be a long time (a year or more). It's better to have the option to do be able to do so and not need it, than to not have the option and need to travel, especially as the consequences of traveling outside the US without AP and before GC can be severe. 

This make sense - thank you so much - wasn't thinking of it this way. 

 

9 minutes ago, Alabamak1 said:

Some SSA don't allow till you get your EAD if you changed your name after marriage. In your case that shouldn't matter since she wont change her name. We decided not to change her name and still applied for SS# before we send our AOS out.

So can i apply for the SS now? Arrival in the US is on the 18th of June, Wedding on the 22nd? It appears you would not be able to as need to be in the country (only other option looks like through I-765 form)

 

Additionally - on the I-765 form, if applying separately, I'm assuming you would mark 10 as No? (and then accordingly skip question 11-13)?

 

I'm assuming the SSA would come quickly and benefits would include the items mentioned above - healthcare, bank accounts, etc?

 

Thank you both for the input and thoughts - incredibly valuable!!!

 

 

 

[Alabamak1 688]

44 minutes ago, WOG said:

This make sense - thank you so much - wasn't thinking of it this way. 

 

So can i apply for the SS now? Arrival in the US is on the 18th of June, Wedding on the 22nd? It appears you would not be able to as need to be in the country (only other option looks like through I-765 form)

 

Additionally - on the I-765 form, if applying separately, I'm assuming you would mark 10 as No? (and then accordingly skip question 11-13)?

 

I'm assuming the SSA would come quickly and benefits would include the items mentioned above - healthcare, bank accounts, etc?

 

Thank you both for the input and thoughts - incredibly valuable!!!

 

 

 

yes, under the k-1 rules, you can apply as soon after you do POE. You need I-94, birthcertificate and passport with k-1 visa. Translation if not in english. You could get manual verification, which is done electronically, but it will take couple of weeks to get SS#

Edited June 13, 2018 by Alabamak1

[RaptureSongbird 533]

Just to pop in with 3 points since everyone else has given great answers:

 

1.  If you do apply for the SSN, which I would also highly recommend, there is a spot on the I-485 to include the Social Security number of the petitioner.  You will need to wait for the Social Security card to arrive in the mail to know the number to include on the form and it will take a couple of weeks to arrive.  I don't think there will be an issue if you don't fill this in but just something to keep in mind.

2.  I know it sounds crazy but some members of these forums have received an RFIE/RFE for a translated copy of a UK birth certificate even though it is already in English.  I don't understand why it happens to some people and not others but if you want to avoid this potential delay/hiccup you might want to include a certified translation copy.

3.  Make sure to include any additional evidence that you might have to show proof of marriage/living together.  If you are leasing and can get your partner added to the lease before submitting AOS, include a copy of that.  Also some updated photos/photo of wedding day/etc.  You'll have the option to add additional paperwork at the time of your interview (joint bank account, additional photos, joint utility bills, proof of being on each other's insurance, 401k/life insurance beneficiary information, etc.) so make sure you start to get/save/collect that in the months between submission and interview.

[WOG 15]

I have one follow up to the great help i got from people here - is the I-797 i need to include simply the I-797C we received that showed approval of the i-129F and it went to NVC?

 

Slightly confused (and worried here).