I-485 question

[sigma20xx 0]

I was looking at the guide for the Adjustment of Status. I wanted to know if I could use copies of the existing G-325a and I-864 that were used to get my fiance K-1 Visa approved.

[Nik+Heather 121]

We printed and signed fresh copies. Besides, the information has changed - at the very least your new spouse has a new address: YOURS!!

Does Japan use the I-864 for the affidavit of support? Most embassies use the I-134, so I'd think you'd need a whole different form than what you used before. We used the same supporting evidence, and I added the most recent pay stub to show things had not changed.

[Golden_State 2]

I would take a look at the USCIS website and make sure the forms you submitted are the same as what's online. They make small changes to the forms and the old ones expire. I'm not sure if it actually makes a difference, but it would be really unfortunate to get an RFE for using an old form!

[marriedtomrg 141]

Agree with the first two posters. It's ok to copy and paste the information, but make sure you're using the latest USCIS version (you only need one G-325A for this application, not 4) and the information you're putting is consistent with what you put previously (the only obvious change is that you are now married and if you are female, that your old name appears on the space provided for Other Names Used).

Good luck with this leg of the journey! May want to hurry though...new fees kick in starting November 23rd. You want to get your applications in (for AOS + EAD + AP).

[sigma20xx 0]

We have a child. Do I have to fill out 2 separate forms? One for her and one for him? Her visa says K-1 and he accompanied her and his says k-2. Also, what do I put in the "current USCIS status" block? Is that for if she filed for a petition in the past or something?

[Nik+Heather 121]

We have a child. Do I have to fill out 2 separate forms? One for her and one for him? Her visa says K-1 and he accompanied her and his says k-2. Also, what do I put in the "current USCIS status" block? Is that for if she filed for a petition in the past or something?

Check out the example forms (link in the blue bar at the top of the page) it will help with things like "current USCIS status" Sorry I'm no good for K-2 answers. If you don't get any good answers here, you might start a new thread which has K-2 in the title to get the attention of some of the other posters who have gone through that process. In general, I would assume that each AOS application should have it's own supporting documentation, and that her son should have his own G325A - if it's not necessary then you have at least acted conservatively.

[marriedtomrg 141]

Current USCIS status for your wife is: "Entered U.S. on K1 visa" Your stepson's current USCIS status would be: "Entered U.S. on K2 visa" Then the related entries in Part 1 will show their visa numbers (printed in red on their K1 and K2 visas), A# (on the I-129F NOA2), their date of entry, and the validity date of the the I-94.

You only need to prepare a G-325A for the boy if he is 14 years old or older.

We have a child. Do I have to fill out 2 separate forms? One for her and one for him? Her visa says K-1 and he accompanied her and his says k-2. Also, what do I put in the "current USCIS status" block? Is that for if she filed for a petition in the past or something?

[sigma20xx 0]

Current USCIS status for your wife is: "Entered U.S. on K1 visa" Your stepson's current USCIS status would be: "Entered U.S. on K2 visa" Then the related entries in Part 1 will show their visa numbers (printed in red on their K1 and K2 visas), A# (on the I-129F NOA2), their date of entry, and the validity date of the the I-94.

You only need to prepare a G-325A for the boy if he is 14 years old or older.

Her son is only 7, so I'll just add him to her G-325a like last time. I also see an area on the AOS. I will be putting his information in Part 3. section B.

What is supposed to go in the "Nonimmigrant Visa Number" section? Do I put her personal passport number there that was issued to her in Japan or the red number on the K-1? Right now I have the Control number on the K-1 in that section.

[VanessaTony 3,567]

I was looking at the guide for the Adjustment of Status. I wanted to know if I could use copies of the existing G-325a and I-864 that were used to get my fiance K-1 Visa approved.

As other people have stated, no.

You will need a new G-325A because:

1. the form may have changed

2. Her name may have changed

3. Her address has changed

4. Her marital status has changed

5. Her employment status may have changed

The I-864 would need to be new because:

1. The form may have changed

2. The name of the person you're sponsoring may have changed

3. The address of the person you're sponsoring has changed

4. You should have her A number now (if you didn't already)

5. She might have a SSN now (if she didn't already but she doesn't NEED one)

6. The date of signing on the form will be old

So while you should be able to copy a lot of the information over, some of the information has changed. Using the same income information and the same tax forms however doesn't matter (as long as you're still employed there that is).

We have a child. Do I have to fill out 2 separate forms? One for her and one for him? Her visa says K-1 and he accompanied her and his says k-2. Also, what do I put in the "current USCIS status" block? Is that for if she filed for a petition in the past or something?

Current status is K1, or K2.

There are example forms that will help you and there is an AOS thread in my signature that should help somewhat as well (it doesn't discuss K2 though)

Edited October 12, 2010 by Vanessa&Tony

[marriedtomrg 141]

The non-immigrant visa number is the red number printed on the K1 and K2 visa.

There is no provision on the G-325A where you list your kids. You do that in the I-485 form. Your wife and your stepson should each have their own I-485 form, I-765 form and I-131 form. Your stepson needs an approved EAD or Green Card to apply for an SSN...which you will need when you file taxes next year.

Her son is only 7, so I'll just add him to her G-325a like last time. I also see an area on the AOS. I will be putting his information in Part 3. section B.

What is supposed to go in the "Nonimmigrant Visa Number" section? Do I put her personal passport number there that was issued to her in Japan or the red number on the K-1? Right now I have the Control number on the K-1 in that section.

[sigma20xx 0]

Thanks for the info all, nothing to it but to do it now. I have one last question. I've read in the guide that it could take some months before this AOS gets approved. Will they take that into consideration once my 90 days are up? They wouldn't do something while the paperwork is being processed right? Or do they get off your back after you've gotten married in the 90 day time limit. Because I don't see how all that paperwork could be processed in such a short time.

[Nik+Heather 121]

As an adjustment applicant, you are allowed to remain in the country until they adjudicate your request. The receipt notice is proof of your pending case with USCIS, and shows that you are under the color of the law while you wait for a response.

[sigma20xx 0]

I have a question about this part of the instructions.

11. Affidavit of Support/Employment Letter

Submit and affidavit of Support (Form I-864) if your Form I-485 is based on your entry as a fiance, a relative visa petition (Form I-130) filed by your relative, or an employment-based visa petition (Form I-140) related to a business that is five percent or more owned by your family.

Now, when I filed for the I-129F, I had to do one of these. Are they saying that they want another one from me or are they asking her to fill this affidavit out?

[Nik+Heather 121]

An I-864 has not yet been a requirement, and has not yet been adjudicated by USCIS. The consulates seem to ask for I-134s, which are similar, but different. Even if you did the I-864, it was checked by someone at the embassy (DOS), you'll need a new one updated at the time of AOS filing etc, for someone at USCIS to look at.

[Kathryn41 3,205]

Post asking a separate question has been split off and made into its own thread here: http://www.visajourney.com/forums/topic/283514-what-are-the-new-fees/ to avoid causing confusion and getting lost in this thread