FAQ Updates

[meauxna 15]

The FAQ needs to be checked on frequently to make sure it is up to date and useful to people.

http://www.visajourney.com/faq/k1k2visa-aos.html

FAQ Note- Beginning in mid 1999, K1 folks who submitted the AOS application packages IN PERSON at the Detroit and Dallas offices had adjustment interviews the same day, and were given the I-551 stamp in the passport. According to one newsgrouper, the USCIS (INS) adjudicator said it was being done as a test for AOS based on being a K1. (This also meant those lucky folks did not have to spend dollars on applications for work authorization and advance parole).

HOWEVER, a newsgroup poster received a copy of an USCIS (INS) letter regarding the Dallas office, wherein it was stated that K1/K2 walk-ins would no longer be accepted as of March 1, 2002. The applications would have to be mailed in, but they would be expedited. The letter further requests "To better assist us in expediting the applications, it would be helpful if the applications were mailed in with a pink cover sheet that clearly indicates the application as an I-485 Adjustment of Status K-1 Fiance(e)".

If you live in either of these cities please contact the local office to see what your options currently are!

I propose that this language is not necessary anymore. In its place, what about the following:

Important Note

If you live in the Dallas District Office area, you MAY CHOOSE to file your Adjustment of Status under a special program called DORA (Dallas Office Rapid Adjustment). You can read more about it here: http://www.uscis.gov/graphics/fieldoffices...ot_Overview.htm

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K1 visa expires.

Propose that this read:

"which is when the K-1 status expires, as indicated on the I-94."

6.2)...What forms and other items are required for Adjustment of Status?

Payment

Copy of US Citizens Passport

I-485 Application To Register Permanent Residence or Adjust Status

Copy of US Citizens Spouses Visa from passport

If the non-US Citizen Spouse is is a K3 Visa holder include a copy of the I-130 NOA2.

If the non-US Citizen Spouse is is a K1 Visa holder a copy of the I-129F NOA2.

A copy of form I-94, Nonimmigrant Arrival Departure Record (this was put in your passport when you arrived)

Copy of the non-US Citizen Spouses Birth Certificate and/or passport (translated if required)

A certified copy of your marriage certificate (translated if required)

If applicable, a copy of the US Citizens and/or non-US Citizen Spouses divorce documents

If applicable, a copy of a prior spouse's death certificate.

2 photos of the non-US Citizen Spouse - (see note) - like you have done before.

G-325A Biographic Information

I-693, Medical Examination of Aliens Seeking Adjustment of Status (or copy of I-693A form for K1/K2 Visa Holders)

I-864 Affidavit of Support

I-765 Application for Employment Authorization. You will apply as category ©(9), "adjustment applicant". (optional, but you cannot work without this)

I-131 Application For Travel Document (this is optional but is for traveling outside the US during the application period, known as "advance parole")(also see question 6.7)

A copy of the marriage certificate

A copy of your birth certificate. (bring an extra when you move, or two or three if you can). You need a translated copy if it is not in English.

Will anyone confirm this list? I see the following:

? Copy of US Citizens Spouses Visa from passport ? (is that supposed to be non-US?)

? Is the I-130 approval *required* for a K-3 to file AOS? Is this the same at every DO now? Is there one answer to this question ?

? Does more need to be said about the vacciniation suppliment that there are so many posts about ?

? marriage certificate is listed twice ?

? A copy of whose birth certificate. Isn't this listed twice as well ?

? Miscellaneous missing apostrophes ?

Before filing please read this. Applicants are required to mail applications to a national mailbox (not your local USCIS office). In rare districts such as Dallas (as of early 2005) your local office may allow local expedited processing of your Adjustment of Status where you walk the application in to the local office in person. Contact your local USCIS Office to find out if this applies to you before filing.

"This" is the old memo about switching over to the lockbox filing. Since that has rolled out completely, that language could be deleted (?). I propose deleting the entire above paragraph.

6.3)...So where do we send the Adjustment of Status application package?

A..In 99% of cases you will now follow the current filing procedures as described here and on the forms themselves. This policy requires that all I-485, I-765, and I-131 applicants mail these forms to the same national location (this was done to streamline the processing of these very common benefits). In some unique local USCIS offices however, you may still be able to either mail them to that local office or file these applications in person (ex: Dallas). Always check with your local office just to be sure.

No matter where you file your application, send it "return receipt". Once they receive the application(s) you will be sent an offical receipt. If you were lucky and could file locally then some small offices will not send you any kind of "official" receipt notification. It is much more common to get a form letter and a "cash register" receipt for the fees you have paid, and this could be up to 10 weeks after you send in the package. DON'T LOSE THESE RECEIPTS. In fact, the cash register receipt may well have your name printed on it. It is your proof that your I-485 has been filed. For the 99% of people who filed at the national address per the current filing requirements you will receive an official looking receipt for all your forms that you filed.

As a note: It is worth the effort to at least call and see if you can file these forms in person at your local USCIS office if at all possible. It can make a great difference in processing times for EAD and advance parole documents.

This seems like it could be re-written. Would someone who has done this please rewrite it in an understandable way? And to confirm, there is NO LOCAL FILING, right? Delete all references to the old 'cash register' receipts since no one gets them anymore? Spell it out clearly that all family based applications are sent to the Chicago lockbox, that EAD and AP are processed by the MSC and that I-485 will be processed at the District Office? Indicate that the timeline to watch is for your DO's I-485 date?

Items 6.7 & 6.10 indicate that local application for EAD and AP is still possible. Is this true?

6.10.1)...(newsgroup)..Correct me if I'm wrong (as I haven't gotten married yet), but don't you have to officially "change" your name at the Social Security office?

A..(newsgroup)..Yes, if you are taking a different name when you get married you will have to change your name at the social security office. Make sure you take a copy of your marriage license so they can see why you are changing you name. When I changed my name they asked for a copy of the marriage certificate as proof. (FAQ Note: You may be asked to show the original marriage certificate)

This section could be expanded greatly, and is a very frequently asked question. Suggest we ask mdyoung to contribute an FAQ-worthy reply.

6.11.1)...What should we do if we move before the interview happens?

A..First, the foreign spouse should notify the USCIS (INS) office (where the case is being handled) of the address change, using form AR-11 or by sending them a certified letter with the information, including your "A" number. You must also send this to the Kentuky USCIS office as listed on the AR-11 form.

Second, the US spouse (who is the sponsor for the I-864 affidavit) notifies USCIS (INS) of a "sponsors change of address" using form I-865 (or a certified letter) sent to the Service Center in which district you will be residing. (FAQ Note: The I-865 address change is not actually required prior to the Adjustment of Status being approved, as the I-864 is not enforceable until then.)

Proposed new text:

Changing address is a gamble; you should be prepared to follow up to make sure you recieve your notices from USCIS. The foreign spouse must complete AR-11 within 10 days of moving. This is to register your whereabouts, not change your mailing information.

Copies of AR-11 should be sent to any office where you have a pending case, District Office OR Service Center.

Call the 1-800# and verbally report your mailing address change.

Call 1-800 again 30 days later.

The USC sponsor must complete I-865 if they move.

FTR: I disagree about the above note about I-865, but am open to another answer.

Comment about Interview Notices: You may be scheduled for an interview date on the day you file, if you file in person. This date may be well into the future. Don't lose track of the date, as you probably will not receive a follow up notice.

Propose we delete this--no local filing anymore.

------------------

I think that is all for that page. Anyone can pick a page and start proposing corrections. The only 'rules' for the FAQ is that we get group consensus on our changes and make sure we have accurate info in there.

Are there any other Adjustment of Status FAQs that *should* be included?

Thanks for your help!

[Captain Ewok 1,857]

I have updated many of your suggestions. I am sure there are many more on other forms. I am very open to getting things changed so anyone can feel free to chime in!

[Anastasia 1]

I think there should be a section added for these people who's AOS gets denied for technical reasons, either abandonment of AOS (which never happened but people failed to appear for an interview or biometrics because they never received an appointment letter), or because of failure to submit all the evidence requested in a RFE. My AOS was denied like that and I had no idea what to do.

There are 2 options for such people: to refile, or to file a motion to reopen (mtr). Besides that it's always a good thing to go for an infopass appointment to clear things up, to contact a conressman, or to get a lawyer.

I myself chose to refile, but I'm sure there are people on this website who filed a motion to reopen and they could help with writing about it. I can help look up some information about it too.

[pax 0]

Changing address is a gamble; you should be prepared to follow up to make sure you recieve your notices from USCIS. The foreign spouse must complete AR-11 within 10 days of moving. This is to register your whereabouts, not change your mailing information.

Copies of AR-11 should be sent to any office where you have a pending case, District Office OR Service Center.

Call the 1-800# and verbally report your mailing address change.

Call 1-800 again 30 days later.

The USC sponsor must complete I-865 if they move.

You may want to confirm this with Reinhard, but when he moved and successfully did an address change with USCIS hiccup-free, he also contacted his *new* Congressional reps to introduce himself and to advise them of the change.

I do believe the I-865 must also be filed.

[Mr. Big Dog 10,747]

Changing address is a gamble; you should be prepared to follow up to make sure you recieve your notices from USCIS. The foreign spouse must complete AR-11 within 10 days of moving. This is to register your whereabouts, not change your mailing information.

Copies of AR-11 should be sent to any office where you have a pending case, District Office OR Service Center.

Call the 1-800# and verbally report your mailing address change.

Call 1-800 again 30 days later.

The USC sponsor must complete I-865 if they move.

You may want to confirm this with Reinhard, but when he moved and successfully did an address change with USCIS hiccup-free, he also contacted his *new* Congressional reps to introduce himself and to advise them of the change.

I do believe the I-865 must also be filed.

Relatively hiccup free.

Yes, I did contact the US Senator's office of the state we moved to and asked for help in getting the address change done. We also made an InfoPass appt at the new local DO to make sure that everything has been done correctly. All those things together (AR11 / I865 / 3 letters / US Senator / InfoPass) made for a relatively smooth address change. Way too much ####### for such a little detail, if you ask me. But we didn;'t want to take chances missing correspondence or even an interview or something like that.

[sjoefl01 1]

I can think of some things that should be inserted based on a long time reading here.

1. K visa folks need to know that the NOA2 is important. It costs $200 to replace and is needed for the AOS.

2. They also need to know that they will need their DS 3025 immunization records from the medical examination. It seems about 30% of the folks on the AOS forum do not have this record.

3. K2 / 4s will not get a SS number until the green card if they do not file for EAD. They can not drive or work, and it is difficult for them to have bank accounts and such without a SS#. There is more to the EAD than work.

4. Nothing needs to be notarized except the I 134 and I 864. Many people do not understand what the notary is all about. They are only certifying that they checked your identification against your signature.

5. Documents that need to be translated ( BC ) do not have to be from some sort of certified translator. If you can do it yourself it is not a problem. Just get it right.

6. The G325A must be a 50 year old form. It is based on carbon paper. It is 4 copies of the exact same thing but if you look closely at the bottom each copy goes to different destinations. Do not fill the first page and make 4 copies. The USCIS does not seem to have copy machines so you have to live in their world.

7. Never give anybody original documents except for the financial forms. They will keep everything you give them. I had to file for tax transcripts for the AOS because they kept all of my tax filings at the consulate.

[I'm Gone 60]

Items 6.7 & 6.10 indicate that local application for EAD and AP is still possible. Is this true?

6.10.1)...(newsgroup)..Correct me if I'm wrong (as I haven't gotten married yet), but don't you have to officially "change" your name at the Social Security office?

A..(newsgroup)..Yes, if you are taking a different name when you get married you will have to change your name at the social security office. Make sure you take a copy of your marriage license so they can see why you are changing you name. When I changed my name they asked for a copy of the marriage certificate as proof. (FAQ Note: You may be asked to show the original marriage certificate)

This section could be expanded greatly, and is a very frequently asked question. Suggest we ask mdyoung to contribute an FAQ-worthy reply.

OK since I have been recruited to assist.

If you intend to work and file taxes using your married name, you should submit an SSN application (Form SS-5) with the Social Security Administration to update your SSN record. You will need to submit at least your marriage certificate and I-94 along with passport to update your SSN record to reflect your married name and be issued a card in that name. However, if your marriage certificate does not show your age or date of birth you will need two additional idenity documents, one to establish the name currently shown on the SSN record and one with the married name. This will mean that you most likely will not be able to update your SSN record until you have been issued an EAD card or I-551 card showing your married name.

You can find more detailed information in section RM 00203.210 Changing Numident Data of SSA Program Operations Manual System (POMS).

Edited May 9, 2006 by mdyoung

[MichelleandCraig 1]

The only thing I can think to add(and too tired, I can look it up later if you wish for exact wording) is a change in the wording of, I believe, section 7 of the FAQs on lifting of conditions. I started a thread in that forum recently and D. Mermaid helped me out...it's somewhat confusing. I thought I 'knew' that Craig wouldn't lose his ability to work,etc if his green card expired after we filed(for example, if he didn't recieve the actual new card within those 90 days) but when I read that section of the FAQS, I wasn't sure ( nd I was only reading out of boredom and to be informed for the future..we don't have to file for over a year yet) . A paragraph near the end of that section reads as though you may lose your ability to work and/or travel during that time.(of lifting conditions) M.

Edited May 9, 2006 by MichelleandCraig

[kaydee457 13]

I can think of some things that should be inserted based on a long time reading here.

1. K visa folks need to know that the NOA2 is important. It costs $200 to replace and is needed for the AOS.

True....

2. They also need to know that they will need their DS 3025 immunization records from the medical examination. It seems about 30% of the folks on the AOS forum do not have this record.

see below.....

My experience says otherwise. I/we did not need the DS-3025 and when we asked for them we were subsequently refused copies in Ethiopia. She was told by the CS she didn't need anything other than the sealed envelope.

We successfully completed AOS without the DS-3025 (copy) or the submittal of I-693.

I can only conclude that she was given all her vaccinations in-country and the I-693 was unneccessary as we were not RFE'd for one.

I think the FAQ should cover these circumstances. There are many in the same situation and the conventional advice given in these forums is that for K applicants the form (I-693) is mandatory and that they have one of two choices: take all the vaccinations again, or take a titer test to submit a I-693, whether they need follow up vaccinations or not, assuming they don't have copies of the DS-3025 to reference.

The form is not mandatory simply because it makes no sense to "supplement" an already complete vaccination record.

My advice on this matter is this: always ask for copies of the DS-3025 at time of exam. Always ask for copies of vaccinations at time of exam.

If you are refused this information, or told you don't need them then I believe you can assume you're "good to go" and require no follow-ups.

It makes no sense to be any other way.

Edited May 9, 2006 by kaydee457

[rebeccajo 14]

I think the FAQ should cover these circumstances. There are many in the same situation and the conventional advice given in these forums is that for K applicants the form (I-693) is mandatory and that they have one of two choices: take all the vaccinations again, or take a titer test to submit a I-693, whether they need follow up vaccinations or not, assuming they don't have copies of the DS-3025 to reference.

The conventional advice is NOT to take all the vaccines again.

A titre test is only mentioned for trying to prove that vaccines have been given.

It should be noted that on the newer version Appointment Notice being issued by USCIS, the I-693 is mentioned as one thing to bring to the interview. That probably startles some K applicants who had their medical within the last year. They often overlook the phrase the follows this request - "if not already submitted".

I believe the vaccines and whether or not the I-693A (not the I-693) is needed should be addressed in the FAQ. But how we can come to a concensus on this issue is beyond me.

[rebeccajo 14]

Regarding concurrent filings for AP and EAD, I thought there used to be 'checklists' on VJ for the supporting documentation. I can no longer find them.

Are they there and I'm just blind?

If they aren't, should they be?

[eau_xplain 2]

6.2)...What forms and other items are required for Adjustment of Status?

Payment

Copy of US Citizens Passport

I-485 Application To Register Permanent Residence or Adjust Status

Copy of US Citizens Spouses Visa from passport

If the non-US Citizen Spouse is is a K3 Visa holder include a copy of the I-130 NOA2.

There are more and more VJers who are adjusting from a non-K visa. Perhaps we should add a note indicating that for non-K visa holder (B, F, H, J, VWP, etc), the I-130 form needs to be submitted with the required evidence and fee.

[meauxna 15]

Great suggestions all!

This thread is for the one FAQ page I posted.

While the information is great, I was hoping that you all would post your replies in a Question + Answer format. The VJ fairy will have a lot of writing to do when she gets home.

I myself don't know the answers to some of these questions (like the vax/medical thingie). Someone has to write a coherent answer and post it here for review.

I'll have more time to check back on this in a couple of days.

m

[MichelleandCraig 1]

6) ..Why is filing 90 days before the expiration of my 2 year green card so important?

A..You file within the allowed 90 day window so that you comply with law and preserve your PR status. Filiing at the earliest moment helps you do this, and allows enough time for the Notice 797C to get to the PR. The NOA + expired Green Card are their only evidence of status.

When your two-year green card expires you no longer have status as a permanent resident, you are not authorized to work, and technically, you are deportable. You must allow yourself and the USCIS (INS) the maximum amount of time to get the petition approved.

This is the portion, above, in section 7 of the FAQS that I was referring to in my earlier posts. Subsequent entries later in this section are easily understood, but this particular wording confused me, for one. Additional wording could be added after the first sentence of the 2nd paragraph...something along the lines of: deportable; however, when the PR receives his/her NOA 797C, this, along with the expired Green Card will serve as proof of a one-year extension of work and travel authorization.

Something along those lines anyway...it just reassures that one will not lose these benefits while the unconditional Green Card is being processed. M.

[MichelleandCraig 1]

Sorry...just realized you only wanted section six... M.