K1, marriage in the US, and AOS - questions

[a+j 77]

Hi, everyone! I have my K1 visa and I'm getting ready to leave to the US. My fiance and I are planning on getting married and apply for my AOS asap.

Just got done reading the instructions for AOS from a K1 on the USCIS website http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD and there are some points I'd appreciate help with:

1) "Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F)" --> does this mean only NOA2 or also the signed I-129F form my fiance sent to USCIS for our K1 petition?

2) When we fill out I-485, will we need to include evidence that our marriage is bonafide (like common residence, my name on his health insurance, joint credit card or accounts, etc)? My understanding is we won't have to submit them along with I-485, but rather have them ready for when we have our interview. Am I correct?

3) Will it be better to submit a regular or a certified copy of our marriage certificate?

4) Will it be better to submit a regular or an apostilled copy of my birth certificate? (I'd like to know this asap as I'm still in my home country and so I could have it apostilled before leaving to the US).

Thank you very much for your inputs!

[shekhelen 0]

Hi, everyone! I have my K1 visa and I'm getting ready to leave to the US. My fiance and I are planning on getting married and apply for my AOS asap.

Congrats!

Just got done reading the instructions for AOS from a K1 on the USCIS website http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD and there are some points I'd appreciate help with:

1) "Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F)" --> does this mean only NOA2 or also the signed I-129F form my fiance sent to USCIS for our K1 petition?

Yes, NOA2

2) When we fill out I-485, will we need to include evidence that our marriage is bonafide (like common residence, my name on his health insurance, joint credit card or accounts, etc)? My understanding is we won't have to submit them along with I-485, but rather have them ready for when we have our interview. Am I correct?

You are correct. Those evidence you mentioned is for interview stage.

3) Will it be better to submit a regular or a certified copy of our marriage certificate?

Certified copy. Also, suggested you to get a few certified copies.

4) Will it be better to submit a regular or an apostilled copy of my birth certificate? (I'd like to know this asap as I'm still in my home country and so I could have it apostilled before leaving to the US).

I submitted a photocopy version of my official birth certificate and pls remember to bring the original copy with you when you enter US

By the way, you can also apply the SSN after arrival at the US.

[dandk 72]

By the way, you can also apply the SSN after arrival at the US.

10 days after your arrival, you can apply for your SSN. You should also apply for State ID immediately. Many States won't issue you State ID if your i-94 is less than 60 days from expiration. Many banks need State ID to open or add you as joint account.

Edited December 31, 2012 by dandk

[VanessaTony 3,567]

1. Yes NOA2

2. Interview yes. IF you get one.

3. Regular photocopy of a certified copy is sufficient. Totally up to you which way you go.

4. No idea. I'm not sure if getting apostilled matters but if you want to I'm not sure it would matter if you did. Whatever you did for the K1 should be fine.

10 days after your arrival, you can apply for your SSN. You should also apply for State ID immediately. Many States won't issue you State ID if your i-94 is less than 60 days from expiration. Many banks need State ID to open or add you as joint account.

I don't know of any bank that requires State ID. Wells Fargo for example passport was sufficient for me. Reports on here say BOA only need passport as well. SSN on the other hand can be a pain so it's always good to get that ASAP.

Edited December 31, 2012 by Vanessa&Tony

[Kathryn41 3,205]

Hi, everyone! I have my K1 visa and I'm getting ready to leave to the US. My fiance and I are planning on getting married and apply for my AOS asap.

Congrats!

Just got done reading the instructions for AOS from a K1 on the USCIS website http://www.uscis.gov...000082ca60aRCRD and there are some points I'd appreciate help with:

2) When we fill out I-485, will we need to include evidence that our marriage is bonafide (like common residence, my name on his health insurance, joint credit card or accounts, etc)? My understanding is we won't have to submit them along with I-485, but rather have them ready for when we have our interview. Am I correct?

No. You need to submit the documentary evidence you have with the AOS petition. If you don't submit it, you haven't provided proof that the marriage is bonafide and you will receive an RFE for the documentation which will slow down the processing time. If your documentary evidence is strong enough (in quality and quantity) you may not even get an interview. They may have sufficient information on hand to approve you for a green card without an interview. So, send in everything you have with the AOS package.

4) Will it be better to submit a regular or an apostilled copy of my birth certificate? (I'd like to know this asap as I'm still in my home country and so I could have it apostilled before leaving to the US).

Apostilled isn't necessary, but it won't hurt to have one available. You do need to provide an English translation of your birth certificate that is properly certified by the translator as being a true translation if it is not in English. Submit the translation (keep a photocopy for yourself) along with the copy of your birth certificate. If you have an interview you can bring the original birth certificate with you then, but don't submit the original with the petition.

[bigdog 376]

Good Luck.

[VanessaTony 3,567]

Kathryn you are incorrect. AOS from a K1 DOES NOT require proof of relationship with the packet. The I-130 does and as the OP is a K1, and will marry in the 90 days and file under 2 years from marriage (presumably seeing they haven't even left their country yet) they will not be submitting an I-130.

The OP will be arriving on a K1. They get married, they file I-485. As a newly married couple they will not have a lot of evidence by the time they file. They collect it for an interview (if they get one) then collect it for ROC when that time comes.

Again, no evidence of relationship is required to be sent with the I-485.

Edited December 31, 2012 by Vanessa&Tony

[KayDeeCee 4,891]

Kathryn you are incorrect. AOS from a K1 DOES NOT require proof of relationship with the packet. The I-130 does and as the OP is a K1, and will marry in the 90 days and file under 2 years from marriage (presumably seeing they haven't even left their country yet) they will not be submitting an I-130.

The OP will be arriving on a K1. They get married, they file I-485. As a newly married couple they will not have a lot of evidence by the time they file. They collect it for an interview (if they get one) then collect it for ROC when that time comes.

Again, no evidence of relationship is required to be sent with the I-485.

If you are adjusting status from a K-1, the only evidence of marriage you need with the I-485 is a copy of your certified marriage certificate. The other evidence of co-mingling finances and all that would be brought to the interview, if you even have one.

[Kathryn41 3,205]

Then it has changed significantly from when I AOSed from a K-1 9 years ago. While they did not require the same degree of evidence as someone obtaining a CR-1, they did require that evidence in addition to the marriage certificate be submitted with the I-485 petition. I remember members who were adjusting at the same time I was receiving RFE's requesting additional evidence. Of course, I was also approved without an interview - although it took 23 months to do so.

Edited January 1, 2013 by Kathryn41

[Kathryn41 3,205]

hmm, have just re-read the instructions and form. I clearly remember a statement when I filled out the AOS that said where it listed the K-1 requirements to 'attach any additional documents that prove the validity of your marriage' - or words to that effect. I know we worried about it because we didn't have a lot and waited until we got copies of joint bank statements and joint credit card statements in to include in with the I-485. That was also around the time when they stopped interviewing K-1s almost completely. I don't know of any other K-1s who filed around the time I did who had an interview, yet I am reading about more interviews for K-1 AOS' these days. Interesting.

[VanessaTony 3,567]

hmm, have just re-read the instructions and form. I clearly remember a statement when I filled out the AOS that said where it listed the K-1 requirements to 'attach any additional documents that prove the validity of your marriage' - or words to that effect. I know we worried about it because we didn't have a lot and waited until we got copies of joint bank statements and joint credit card statements in to include in with the I-485. That was also around the time when they stopped interviewing K-1s almost completely. I don't know of any other K-1s who filed around the time I did who had an interview, yet I am reading about more interviews for K-1 AOS' these days. Interesting.

I didn't interview for AOS or ROC. I didn't present ANY relationship evidence for the K1 either outside of the whole "meeting in person" thing. I took it to the K1 interivew, they just didn't want to see any of it.

[a+j 77]

Thank you thank you! This has been very useful. Happy new year to everyone!

[dandk 72]

I don't know of any bank that requires State ID. Wells Fargo for example passport was sufficient for me. Reports on here say BOA only need passport as well. SSN on the other hand can be a pain so it's always good to get that ASAP.

First City Credit Union won't let us open a new joint account because of my wife did not have CA ID. They won't accept her passport as well her SSN (has the wording Valid For Work Only With DHS Authorization). I also cannot add my wife into my existing checking and saving accounts at HSBC. We ended up opening joint account at East West Bank, which indeed accepted her passport for ID.