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Filed: AOS (apr) Country: Canada
Timeline
Posted

We are in the US, in our home, and finally MARRIED! Now we need to file the AOS (form I-485) and the Employment Authorization (Form I-765).

Do we also need to file the Application for Travel (Form I-131)? If there is no travel planned, why would we need that?

ALSO do we need to file the Petition for Alien Relative - (form I-130)?

Thanks for your answers. This is all very confusing.

Richard and Sheila

Posted
We are in the US, in our home, and finally MARRIED! Now we need to file the AOS (form I-485) and the Employment Authorization (Form I-765).

Do we also need to file the Application for Travel (Form I-131)? If there is no travel planned, why would we need that?

ALSO do we need to file the Petition for Alien Relative - (form I-130)?

Thanks for your answers. This is all very confusing.

Richard and Sheila

Only reason for AP is so you have the ability to travel if emergency comes up before you receive green card. But, that said I am not familiar with the ability for someone from Canada being able to cross border and return without it, my fiancee is from Philippines and if she left country before green card arrived she WOULD NOT be able to reenter US with out AP.

Mailed n-400 : 4-3-14

USCIS Received : 4-4-14

NOA1 Sent : 4-8-14

Biometrics Appt Letter Sent : 4-14-14

Biometrics Appt : 5-5-14

usaflag.gifphilippinesflag.gif

Poverty Guidelines : http://www.uscis.gov/files/form/i-864p.pdf
VisaJourney Guides : http://www.visajourney.com/forums/index.ph...amp;page=guides
K1 Flowchart : http://www.visajourney.com/forums/index.ph...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
ROC Guide : http://www.visajourney.com/content/751guide

DSC04023-1.jpg0906091800.jpg93dc3e19-1345-4995-9126-121c2d709290.jpg

Posted

you do not to need to file for AP if you`re not planning on traveling BUT, the cost is included into the I-485 package, so you might as well apply for it, just in case. We didn`t though.

What forms and other items are required for Adjustment of Status on K-1?

In short though you will require the following forms:

1. Payment(s) as required by USCIS. Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead. >> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).

2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3. Form I-485: Petition for Alien Relative

4. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).

4a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **

6. Copy of the non US Citizen Spouses valid I-94 (front and back copies)

7. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)

8. A certified copy of your marriage certificate. (If filing for your spouse)

9. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

10. G-325A (all four pages) filled out,signed and dated

11. I-693, Medical Examination of Aliens Seeking Adjustment of Status. (If you already have this from your overseas Visa Interview submit a copy that medical check form; No fee is required in this case. If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your adjustment of status application.)

12. I-864, Affidavit of Support (see poverty limits here)

>> Include any additional required supporting documentation

13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

>> Include any additional required supporting documentation or photos.

14. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

>> Include any additional required supporting documentation.

Sometime in 11/2006 --- Met online

09/26/2008 --- Got married

04/03/2009 --- AOS package sent

07/13/2009 --- Interview in Detroit,MI. Approved!!!

07/25/2009 --- GC received! Total: 3 months 12 days from NOA1 to GC mailboxhappy.gif

05/17/2011 --- ROC package sent

05/25/2011 --- NOA1 received

06/27/2011 --- Biometrics

10/17/2011 --- Approved! confetti.gif

10/21/2011 --- Received Permanent GC

Posted
Thank you all for your responses. I am still confused as to the I-130. Any thoughts if this is needed?

No, you don`t. you just send a copy of NOA2 "Approval" for I-129F.

Sometime in 11/2006 --- Met online

09/26/2008 --- Got married

04/03/2009 --- AOS package sent

07/13/2009 --- Interview in Detroit,MI. Approved!!!

07/25/2009 --- GC received! Total: 3 months 12 days from NOA1 to GC mailboxhappy.gif

05/17/2011 --- ROC package sent

05/25/2011 --- NOA1 received

06/27/2011 --- Biometrics

10/17/2011 --- Approved! confetti.gif

10/21/2011 --- Received Permanent GC

 
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