Adjustment of Status I-485/Employment Authorization I-765/Travel Document I-131

[VisaParaUnSueno 9]

Is there a forum for either of these different processes after we get Married on VJ? Adjustment of status after the I-129F (K-1) & the Employment Authorization & Travel Document?

Can I get the links to these forums please if there is any to follow and start reading up on them...

Thank you fellow VJ'S!

[Pitaya 2,577]

~~Moved from K-1 Process to Family-Based AOS Process Forum~~

(organizer hat off)

You can start to become acquainted with the AOS process by reading the pinned threads at the top of Family-Based AOS process forum.

Good luck.

[Dave&Roza 748]

Is there a forum for either of these different processes after we get Married on VJ? Adjustment of status after the I-129F (K-1) & the Employment Authorization & Travel Document?

Can I get the links to these forums please if there is any to follow and start reading up on them...

Thank you fellow VJ'S!

Go up and click on the GUIDES and then you can select the AOS selection or you can click here.

Good luck,

Dave

[VisaParaUnSueno 9]

Go up and click on the GUIDES and then you can select the AOS selection or you can click here.

Good luck,

Dave

I was reading the USCIS Website on these forms and if I understood it correctly...0_o If we file all three together we just have to pay the one fee of $1007 as stated here correct? But if we file the I-765 and I-131 first before the I-485; then there is a fee that is paid separately?

Do you know what is the difference between the I-765 and I-140 is?

Filing Fee : $985. (Add $85 biometric fee for a total of $1070, where applicable. See the form instructions for payment details.) You must make your check payable to Department of Homeland Security. Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file. Thanks much! Good Luck to you too! Edited August 5, 2013 by VisaParaUnSueno

[VisaParaUnSueno 9]

Go up and click on the GUIDES and then you can select the AOS selection or you can click here.

Good luck,

Dave

Also sorry it didn't let me edit my last post.

If you don't mind me asking, how soon did you apply for these after you got Married. I don't want to run any risk and wait too long to do this especially since he will have 90 days with the K-1 only...

[Dave&Roza 748]

I was reading the USCIS Website on these forms and if I understood it correctly...0_o If we file all three together we just have to pay the one fee of $1007 as stated here correct? But if we file the I-765 and I-131 first before the I-485; then there is a fee that is paid separately?

Do you know what is the difference between the I-765 and I-140 is?

Filing Fee : $985. (Add $85 biometric fee for a total of $1070, where applicable. See the form instructions for payment details.) You must make your check payable to Department of Homeland Security. Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file. Thanks much! Good Luck to you too!

Once you enter on the K-1 visa it is no longer valid as it is a one entry visa. The I-94 is where your legal status is. You have until it expires to get married. You have no real time limit to file the I-485 for AOS. Yes , you can file the I-765 and I-131 before the I-485 but you are asking them to grant you AP and EAD based on the I-94 and they will expire when the I-94 expires and most likely you will not receive them before the I-94 expires--this is a complete waste of time and money. You should file the EAD and AP with the AOS and it costs $1070. If you happen to file the AOS and then decide to file the EAD and/or AP then you need to include the NOA1 so they know to waive the filing fee.

We filed for AOS with the EAD/AP about 2 months after getting married as we were searching for a house and then my Mother died and I had to deal with her estate. My wife's I-94 expired after we filed so there was no out of status time for us. Should you wait to file and the I-94 has been expired for more than 180 days, I would not bother filing for AP as you will be denied re-entry due to over stay days (this has been debated to death here on VJ). Our EAD/AP took 46 days and the GC took 86 days back in 2010 when things were moving a bit more quickly. Expect 2-3 months for the EAD/AP and about 5-6 months for the GC.

Good luck,

Dave

Edited August 5, 2013 by Dave&Roza

[VisaParaUnSueno 9]

Once you enter on the K-1 visa it is no longer valid as it is a one entry visa. The I-94 is where your legal status is. You have until it expires to get married. You have no real time limit to file the I-485 for AOS. Yes , you can file the I-765 and I-131 before the I-485 but you are asking them to grant you AP and EAD based on the I-94 and they will expire when the I-94 expires and most likely you will not receive them before the I-94 expires--this is a complete waste of time and money. You should file the EAD and AP with the AOS and it costs $1070. If you happen to file the AOS and then decide to file the EAD and/or AP then you need to include the NOA1 so they know to waive the filing fee.

We filed for AOS with the EAD/AP about 2 months after getting married as we were searching for a house and then my Mother died and I had to deal with her estate. My wife's I-94 expired after we filed so there was no out of status time for us. Should you wait to file and the I-94 has been expired for more than 180 days, I would not bother filing for AP as you will be denied re-entry due to over stay days (this has been debated to death here on VJ). Our EAD/AP took 46 days and the GC took 86 days back in 2010 when things were moving a bit more quickly. Expect 2-3 months for the EAD/AP and about 5-6 months for the GC.

Good luck,

Dave

Thank you so much for taking the time to reply. This helps a lot; so I guess what I was confused about was the 90 days. I thought we had 90 days to get Married and file the adjustment of status if not he would have to leave... 0_o So after your comment; the I-94 is something they will give my Fiance if his K-1 visa is approved and that I-94 is valid for 180 days...? This is the actual time frame we have to worry about & do the adjustment of status before then before it becomes a big problem... I hope I got this right...

Gracias!

Edited August 5, 2013 by VisaParaUnSueno

[Nich-Nick 3,353]

Thank you so much for taking the time to reply. This helps a lot; so I guess what I was confused about was the 90 days. I thought we had 90 days to get Married and file the adjustment of status if not he would have to leave... 0_o So after your comment; the I-94 is something they will give my Fiance if his K-1 visa is approved and that I-94 is valid for 180 days...? This is the actual time frame we have to worry about & do the adjustment of status before then before it becomes a big problem... I hope I got this right...

Gracias!

You are admitted for 90 days. The I-94 is a document that tells when your 90 days are over. It has the date on it. You must marry within 90 days. The law does not say you must file adjustment within 90 days. Some people wait a year or more. but your admission paper (I-94) is expired after 90 days. What do you have to show you are legal in the US? Nothing. So if you wait a year to file, you can't work or get a driver license or leave the US and come back because your K1 visa is over after one entry. Kind of a sad life really. We filed for AOS/EAD/AP about 9 days after entering the US. Married on Day 6.

[forgottenamnesty 0]

Thank you so much for taking the time to reply. This helps a lot; so I guess what I was confused about was the 90 days. I thought we had 90 days to get Married and file the adjustment of status if not he would have to leave... 0_o So after your comment; the I-94 is something they will give my Fiance if his K-1 visa is approved and that I-94 is valid for 180 days...? This is the actual time frame we have to worry about & do the adjustment of status before then before it becomes a big problem... I hope I got this right...

Gracias!

Hihi!

Thought I would throw my 2cents in here. When your fiancé(e) finally has the K-1 approved and enters the U.S. you two should wait about 2 weeks and then head to the nearest Social Security Administration to get their SSN. They say to wait 2 weeks so that your fiancé(e)'s case file has time to reach your local CIS office and be inputted into the computer system. So, getting the SSN as soon as you can will help out greatly for things like getting a driver's license and opening a bank account/joining your account.

My next piece of advice is look into getting your marriage license ASAP. My husband and I were completely in the dark with the fact that our state requires an interview that has to be scheduled a month in advance before we could receive our marriage license. Thank heavens that lady we spoke with fast tracked everything for us and we were able to interview the next day after talking to her. Once we were married we had to wait a week before we could pick up a certified copy of our marriage certificate. I went the extra mile and paid extra to have a few more certified copies to keep in our file.

You really should get married and file for AOS/EAD/AP as soon as you can after your fiancé(e) arrives. My hubby and I had a very intimate ceremony. We are lucky enough to have a friend who could officiate a nice little outdoor wedding this year and now we're planning a reception for our friends and family for our first anniversary next year. It was the most stress free way to be able to focus on the wedding and the paperwork within the 90 days.

I entered the U.S. April 6 this year which gave us until July 3 to have everything done and sent to the Chicago Lockbox by. Two weeks later filed for SSN. It took another 2 weeks to come in the mail. Our wedding was May 17. I had a local Dr. notarize my immigration physical June 8 and sent away all of the forms plus info needed for AOS/EAD/AP June 11. Everything arrived in Chicago by June 14 and we could breathe easy for a bit.

Time goes by faster than you think. Stay organized. Stay patient. It's a long process but it's worth it in the end to finally have your special person by your side!

Best of luck!!!

[VisaParaUnSueno 9]

Hihi!

Thought I would throw my 2cents in here. When your fiancé(e) finally has the K-1 approved and enters the U.S. you two should wait about 2 weeks and then head to the nearest Social Security Administration to get their SSN. They say to wait 2 weeks so that your fiancé(e)'s case file has time to reach your local CIS office and be inputted into the computer system. So, getting the SSN as soon as you can will help out greatly for things like getting a driver's license and opening a bank account/joining your account.

My next piece of advice is look into getting your marriage license ASAP. My husband and I were completely in the dark with the fact that our state requires an interview that has to be scheduled a month in advance before we could receive our marriage license. Thank heavens that lady we spoke with fast tracked everything for us and we were able to interview the next day after talking to her. Once we were married we had to wait a week before we could pick up a certified copy of our marriage certificate. I went the extra mile and paid extra to have a few more certified copies to keep in our file.

You really should get married and file for AOS/EAD/AP as soon as you can after your fiancé(e) arrives. My hubby and I had a very intimate ceremony. We are lucky enough to have a friend who could officiate a nice little outdoor wedding this year and now we're planning a reception for our friends and family for our first anniversary next year. It was the most stress free way to be able to focus on the wedding and the paperwork within the 90 days.

I entered the U.S. April 6 this year which gave us until July 3 to have everything done and sent to the Chicago Lockbox by. Two weeks later filed for SSN. It took another 2 weeks to come in the mail. Our wedding was May 17. I had a local Dr. notarize my immigration physical June 8 and sent away all of the forms plus info needed for AOS/EAD/AP June 11. Everything arrived in Chicago by June 14 and we could breathe easy for a bit.

Time goes by faster than you think. Stay organized. Stay patient. It's a long process but it's worth it in the end to finally have your special person by your side!

Best of luck!!!

Thank you so much for this information!

Our Visa Got approved and he will be traveling in Dec or Jan 2014. So he will need a S.S. # before we can get our marriage license? And the only way he can get a drivers license is with a S.S. # / I.D. What type of Identification will he need for marriage license?

He got his birth certificate translated to English in the UK... I wonder if he will have to get it translated in the U.S. or it is fine with the UK translation. He will have a copy of his Visa of course; not sure what other info is required to get this marriage license.

I-864 Question: Do you know when we file for adjustment of status do they require the affidavit of support application right away (along with I-485 (AOS) or that is after the 2 year provisional period?

Appreciate and feedback.

Thank you again

Edited October 24, 2013 by VisaParaUnSueno