AOS filing

[Sandy36 1]

Hi,

I'm begining to file the AOS for my Fiance and not sure where to begin. Do I have to file the I-130? Also do I need to include the financial support with the application? if so do I need to have certain amount of money on my account or is a salary of 45,000 income enough on my W2's? Please help...

[arya 22]

If you go here http://www.visajourney.com/content/adjustmentforms you can find all the forms you need to fill out and instructions. You don't need I130 if your fiance came on a K1 visa. Yes, you need Affidavit of Support filled out and 45000 a year should be enough.

[Nich-Nick 3,353]

Hi,

I'm begining to file the AOS for my Fiance and not sure where to begin. Do I have to file the I-130? Also do I need to include the financial support with the application? if so do I need to have certain amount of money on my account or is a salary of 45,000 income enough on my W2's? Please help...

Good tips to get your head around:

--AOS is like starting all over with a new process with a new name, etc. so get your K1 sorta out of your mind. It's over. Apply in your new name. Send things they ask for, even though you sent it for the visa process. "They" are not the same "they" that did your K1. They haven't seen your Affidavit of Support. They want a different one I-864 and if your salary is 125% of the poverty level, then that is sufficent and you don't have to even tell them how much money you have in the bank.

--K1s are not the majority when it comes to doing AOS. People are also doing AOS who have lived in the US for years. They are adjusting from student, work, all kinds of visas. So when you read something posted about AOS, make note of their timeline and if they are also a K1. Otherwise their process may be different. This forum is a melting pot from many, many visas. So the I-130 with AOS is for people who are already here for another reason, who marry a US citizen while here. Now they want a green card. They haven't done an I-129F for a foreign fiance or I-130 for a foreign spouse. So they have to start with a petition. You're past that with your I-129F petition approval. You go straight to the AOS form.

And here is a good place to start.

http://www.visajourn...content/k1k3aos

http://www.visajourn...m/content/k1aos

http://www.visajourn...content/k1k3ead

http://www.visajourney.com/content/ssn

[Sandy36 1]

Good tips to get your head around:

--AOS is like starting all over with a new process with a new name, etc. so get your K1 sorta out of your mind. It's over. Apply in your new name. Send things they ask for, even though you sent it for the visa process. "They" are not the same "they" that did your K1. They haven't seen your Affidavit of Support. They want a different one I-864 and if your salary is 125% of the poverty level, then that is sufficent and you don't have to even tell them how much money you have in the bank.

--K1s are not the majority when it comes to doing AOS. People are also doing AOS who have lived in the US for years. They are adjusting from student, work, all kinds of visas. So when you read something posted about AOS, make note of their timeline and if they are also a K1. Otherwise their process may be different. This forum is a melting pot from many, many visas. So the I-130 with AOS is for people who are already here for another reason, who marry a US citizen while here. Now they want a green card. They haven't done an I-129F for a foreign fiance or I-130 for a foreign spouse. So they have to start with a petition. You're past that with your I-129F petition approval. You go straight to the AOS form.

And here is a good place to start.

http://www.visajourn...content/k1k3aos

http://www.visajourn...m/content/k1aos

http://www.visajourn...content/k1k3ead

http://www.visajourney.com/content/ssn

Thank you so much for taking your time to respond with good details.

[Sandy36 1]

Thank you so much for taking your time to respond with good details.

Also, I'm the petioner filing the AOS for my fiance. Should I change my name now? or will it affect my maiden name on the K1 NOA approval document? I was affraid there might be a confusion if I changed my name and it doesn't match the name on the K1 visa. Please help!!!! I truly appreciate your answers.

[VanessaTony 3,567]

Also, I'm the petioner filing the AOS for my fiance. Should I change my name now? or will it affect my maiden name on the K1 NOA approval document? I was affraid there might be a confusion if I changed my name and it doesn't match the name on the K1 visa. Please help!!!! I truly appreciate your answers.

First it should be your HUSBAND now, not fiance.

YOU are not the petitioner. You WERE the petitioner for the K1 petition, then your fiance applied for the Visa himself with you as a sponsor. YOU are not filing ANYTHING for him now.

HE is the one applying to adjust HIS status. You are irrelevant to this process except to submit the I-864 for him, show proof of your co-mingling, and attend the interview (if there is one). You are simply his USC spouse.

As for changing your name. No it doesn't matter. Just like if the immigrant was female who's supporting documents will most likely be in her maiden name (but the AOS documents completed in married name), USCIS takes the marriage certificate as proof of name change. I personally haven't started changing my name yet... I will shortly be filing a name change with Australia but my AOS is complete. It didn't hurt the process at all.

In YOUR case, as you are filing the I-864, if you have changed your name to his, then complete the documents in your new LEGAL name. Just because you haven't had time to switch all the ID's over (and past tax returns etc will be in your maiden name of course) doesn't matter.

Good luck.

[Sandy36 1]

First it should be your HUSBAND now, not fiance.

YOU are not the petitioner. You WERE the petitioner for the K1 petition, then your fiance applied for the Visa himself with you as a sponsor. YOU are not filing ANYTHING for him now.

HE is the one applying to adjust HIS status. You are irrelevant to this process except to submit the I-864 for him, show proof of your co-mingling, and attend the interview (if there is one). You are simply his USC spouse.

As for changing your name. No it doesn't matter. Just like if the immigrant was female who's supporting documents will most likely be in her maiden name (but the AOS documents completed in married name), USCIS takes the marriage certificate as proof of name change. I personally haven't started changing my name yet... I will shortly be filing a name change with Australia but my AOS is complete. It didn't hurt the process at all.

In YOUR case, as you are filing the I-864, if you have changed your name to his, then complete the documents in your new LEGAL name. Just because you haven't had time to switch all the ID's over (and past tax returns etc will be in your maiden name of course) doesn't matter.

Good luck.

Very well said. Thank you...it all makes sense now:)I can't wait for this process to be over.