A smorgasbord of questions

[Cherieish 0]

My apologies and please bear with me on all the questions! I wish VJ would have examples of the AOS documents like they did for the I-129F. :/

1. Am I understanding correctly that if he entered on an approved I-129F, we got married, and now we're doing the AOS, we don't have to pay the fee for the Employment Authorization or Application for Travel? All we have to pay is the I-485 fee and the biometrics? Seems too good to be true.

2. On I-485, it asks what his current USCIS status is. What are they looking for here? "Approved"? "I-129F"? And since his fiancé visa will technically expire before we get a chance to file the AOS paperwork, what is his status now? What do we put for the USCIS status expiration date?

3. I-485 also asks in what status he entered. It gives examples like "student," "visitor," etc. What do we put? K-1 fiancé visa?

4. I'm not sure how to find his nonimmigrant visa number. On his passport, there are two numbers besides his A-number. A number stamped in red starting with C with 7 digits after, and a long printed number that starts with 2011########## (labelled "Control number").

5. The employment authorization form (I-765) wants to know "Manner of last entry (visitor, student, etc.)" and "Current immigration status (visitor, student, etc.)" It's similar question to my 2 and 3, sorry!

Any help is REALLY appreciated!!

[TBoneTX 43,390]

1. If the other two are applied for simultaneously with the AOS, there's no additional fee. Compile each as though they're three completely independent packages (which they are) that are simply going to be mailed together in the same envelope once each is compiled.

2. Per two immigration lawyers, "Applicant for Adjustment."

3. K-1 visa.

4. I can't help with this one off the top of my head, but someone will.

5. See #2 & #3!

[KayDeeCee 4,892]

My apologies and please bear with me on all the questions! I wish VJ would have examples of the AOS documents like they did for the I-129F. :/

1. Am I understanding correctly that if he entered on an approved I-129F, we got married, and now we're doing the AOS, we don't have to pay the fee for the Employment Authorization or Application for Travel? All we have to pay is the I-485 fee and the biometrics? Seems too good to be true.

2. On I-485, it asks what his current USCIS status is. What are they looking for here? "Approved"? "I-129F"? And since his fiancé visa will technically expire before we get a chance to file the AOS paperwork, what is his status now? What do we put for the USCIS status expiration date?

3. I-485 also asks in what status he entered. It gives examples like "student," "visitor," etc. What do we put? K-1 fiancé visa?

4. I'm not sure how to find his nonimmigrant visa number. On his passport, there are two numbers besides his A-number. A number stamped in red starting with C with 7 digits after, and a long printed number that starts with 2011########## (labelled "Control number").

5. The employment authorization form (I-765) wants to know "Manner of last entry (visitor, student, etc.)" and "Current immigration status (visitor, student, etc.)" It's similar question to my 2 and 3, sorry!

Any help is REALLY appreciated!!

There are example forms for AOS: http://www.visajourney.com/content/examples

1) It is true, the total fee is $1070. The fees for EAD and AP are waived when filing with the I-485

2) K-1 Visa Holder> See example form: http://www.visajourney.com/examples/INS-Form-I-485.pdf

3) Same answer as #2

4) The red number> Helpful FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html

5) See example form: http://www.visajourney.com/examples/INS-Form-I-765.pdf

[Cherieish 0]

Oh wow, I couldn't find examples when I looked earlier! Thank you both so much!

[Cherieish 0]

Related to #2, if his status is K-1 Visa Holder, is the expiration date the 90-days-after-he-enters one? Because although we married within that 90 days, we're not applying for his AOS within that timeframe. Does that change anything?

EDIT: Oh. I just read the answer to this in the FAQ, which is that I ought to apply for the AOS within that 90 days. Damn. Oookay, rushing to get this done then...

Edited December 8, 2011 by Cherieish

[VanessaTony 3,567]

Related to #2, if his status is K-1 Visa Holder, is the expiration date the 90-days-after-he-enters one? Because although we married within that 90 days, we're not applying for his AOS within that timeframe. Does that change anything?

EDIT: Oh. I just read the answer to this in the FAQ, which is that I ought to apply for the AOS within that 90 days. Damn. Oookay, rushing to get this done then...

No there is no requirement to file AOS in the 90 days. Please post a link to the FAQ where you saw this info so it can be corrected.

[Cherieish 0]

No there is no requirement to file AOS in the 90 days. Please post a link to the FAQ where you saw this info so it can be corrected.

The first question here strongly implies it: http://www.visajourney.com/faq/k1k2visa-aos.html

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

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices."

[VanessaTony 3,567]

The first question here strongly implies it: http://www.visajourney.com/faq/k1k2visa-aos.html

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

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices."

Ahh that one. Well it's true that filing before the I-94 expires protects status but there is also no requirement to file in that timeframe. I personally filed after 4 months for many reasons. Waiting does NOT affect your ability to AOS. It will not be denied for waiting. But if you file for AP you can only use it if there is less than 180 days between the i-94 expiring and the AOS NOA1 date.

[Cherieish 0]

Ahh that one. Well it's true that filing before the I-94 expires protects status but there is also no requirement to file in that timeframe. I personally filed after 4 months for many reasons. Waiting does NOT affect your ability to AOS. It will not be denied for waiting. But if you file for AP you can only use it if there is less than 180 days between the i-94 expiring and the AOS NOA1 date.

It would have been nice to wait until after I get my 2011 taxes finished, since I hardly made any money at all last year, but I suppose that my letter from employer/6 months of paycheck stubs will be sufficient to show that I currently meet the minimum income requirements. I busted by buns to get everything finished since I saw that this morning and now it's ready to mail tomorrow.

[VanessaTony 3,567]

It would have been nice to wait until after I get my 2011 taxes finished, since I hardly made any money at all last year, but I suppose that my letter from employer/6 months of paycheck stubs will be sufficient to show that I currently meet the minimum income requirements. I busted by buns to get everything finished since I saw that this morning and now it's ready to mail tomorrow.

Well actually seeing you mention that... There was a post recently where the person wouldn't earn the $18K in the time left in the year even though they HAD earnt enough so far it didn't count or something. If you file it now and it's not enough, you will have 86 days to reply to an RFE. I would assume that you'd get the RFE after the new year at which time I would file my taxes ASAP, then send the 2011 taxes and a letter from employer to prove income is sufficient. That make sense?

[Cherieish 0]

Well actually seeing you mention that... There was a post recently where the person wouldn't earn the $18K in the time left in the year even though they HAD earnt enough so far it didn't count or something. If you file it now and it's not enough, you will have 86 days to reply to an RFE. I would assume that you'd get the RFE after the new year at which time I would file my taxes ASAP, then send the 2011 taxes and a letter from employer to prove income is sufficient. That make sense?

I think so. Thanks!