Adjusting From K1

[mpdeakin 0]

Quick question regarding the way in which the I-485 package should be compiled.

As the non-citizen applying for the AOS, should I be the one signing and filling out all the forms such as the cover letter, the I-485 itself, etc? As I understand it, since we already have a K1 my spouse only has to fill out one thing in this package and that's the I-864 sponsorship form. Is this correct? Do I need to provide anything else of my spouses'? (Some sites talk about including biographic information for my spouse, but I believe that's just when you have to file an I-130 as well?).

Just want to make sure everything's perfect. As it stands I've filled out everything myself including the cover letter with all MY contact information on (we have the same address anyway).

Also a quick run-through of our package before we send it tomorrow:

• Money order for $1070 made out to Department of Homeland Security
• e-Notification form G-1145
• I-485 cover letter, with nature of submission (Immediate Relative (Spouse) Family Based Adjustment of Status Application), list of contents and signed and dated by the non-citizen (me)
• I-485 form, signed and dated by non-citizen
• Copy of non-citizen passport
• Copy of K1 Visa
• Copy of NOA2
• Copy of electronic I-94
• Copy of non-citizen birth certificate
• Copy of certified marriage certificate
• G-325a filled out, dated and signed by non-citizen
• Two US spec. passport pictures, signed and dated with A# on the back
• DS-3025 medical information copy (I realize some people advise getting this information transcribed, but I am willing to take an RFE risk with this one as the site does say K1 medicals count for a year)
• I-864 filled out, signed and dated by spouse (sponsor) including tax transcripts (or explanation for missing transcripts), letter of employment, and two months of pay stubs
• I-864a filled out, signed and dated by mother-in-law (co-sponsor) including tax transcripts, letter of employment, two months of pay stubs, and a copy of her birth certificate to prove US citizenship
• I-765 employment authorization filled out, signed and dated by non-citizen

Clipped together, placed in an envelope sent to the address:

USCIS

PO Box 805887

Chicago, IL 60680-4120

Appreciate all the help and expertise you guys can offer. Thanks!

Edited September 9, 2013 by mpdeakin

[KayDeeCee 4,893]

The USC only needs to provide the I-864 and supporting documents. No biographical info or proof of citizenship with your AOS is needed. His citizenship was proven with the I-129F.

You need 2 passport photos for each form, so 6 total for the I-485, I-765 and I-131. There are also some other documents that need to be duplicated for the other forms. Check out this guide(ignore the old fee, the correct one is $1070 now)> http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

You should consider including the I-131 too. The fee for it is also waived and you never know if you might need to travel outside the US while waiting for your green card approval.

Also, is there some particular reason the joint sponsor is filling out an I-864A? It is usually best for the joint sponsor to fill out their own separate I-864, even if you reside with them and especially if neither one claims the other as a dependent on their taxes.

Edited September 9, 2013 by Jay-Kay

[klob 0]

Not completely right, Jay-Kay. A proof of US citizenship for the JOINT SPONSOR is NEEDED. A proof of US citizenship for the PETITIONER (= primary sponsor) is NOT NEEDED. (At least, if the joint sponsor files his own I-864.)

Edited September 10, 2013 by klob

[KayDeeCee 4,893]

Not completely right, Jay-Kay. A proof of US citizenship for the JOINT SPONSOR is NEEDED. A proof of US citizenship for the PETITIONER (= primary sponsor) is NOT NEEDED. (At least, if the joint sponsor files his own I-864.)

Did you read what the OP and I posted? I answered their question about what is needed from the USC spouse, NOT the joint sponsor. The OP already listed in their post that they were supplying the required proof of being a US citizen or LPR for the joint sponsor/household member. They did not need that info, nor did they ask about it. You are correcting nothing and the last part of what you wrote makes little sense. The USC petitioner is not required to supply proof of US citizenship whether or not there is a joint sponsor, or whether or not there is a household member supplying an I-864A. it is not required at all, as I already stated in my response to the OP.

Edited September 11, 2013 by Jay-Kay

[mpdeakin 0]

The USC only needs to provide the I-864 and supporting documents. No biographical info or proof of citizenship with your AOS is needed. His citizenship was proven with the I-129F.

You need 2 passport photos for each form, so 6 total for the I-485, I-765 and I-131. There are also some other documents that need to be duplicated for the other forms. Check out this guide(ignore the old fee, the correct one is $1070 now)> http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

You should consider including the I-131 too. The fee for it is also waived and you never know if you might need to travel outside the US while waiting for your green card approval.

Also, is there some particular reason the joint sponsor is filling out an I-864A? It is usually best for the joint sponsor to fill out their own separate I-864, even if you reside with them and especially if neither one claims the other as a dependent on their taxes.

Ah, so the EAD should be compiled as a complete package even thought it's included in the I-485? Thanks for letting me know.

I believe we both came to the conclusion that I should use the I-864A in an earlier thread regarding that. Here's the link if you don't recall (link).

Do you think I should revert back to using a completely separate I-864 then? I believe my wife was considered a dependent on her mom's taxes last year but won't be this year. The total combined income will be way over the poverty threshold regardless ($36,000 a year, compared to the poverty threshold of a 3 person household $19,530). Will it really make a difference at that point?

Also I'm under the impression my AOS won't take long enough to justify adding in the application for travel authorization. When I looked over the form, it looked like they expected whoever was applying to already have a valid reason to be applying for it.

Edited September 10, 2013 by mpdeakin

[KayDeeCee 4,893]

Ah, so the EAD should be compiled as a complete package even thought it's included in the I-485? Thanks for letting me know.

I believe we both came to the conclusion that I should use the I-864A in an earlier thread regarding that. Here's the link if you don't recall (link).

Do you think I should revert back to using a completely separate I-864 then? I believe my wife was considered a dependent on her mom's taxes last year but won't be this year. The total combined income will be way over the poverty threshold regardless ($36,000 a year, compared to the poverty threshold of a 3 person household $19,530). Will it really make a difference at that point?

Also I'm under the impression my AOS won't take long enough to justify adding in the application for travel authorization. When I looked over the form, it looked like they expected whoever was applying to already have a valid reason to be applying for it.

Ah yes, thanks for the link to refresh my memory. You are good with combining the incomes. No need to change it up now.

Yes, the I-485, I-765 and I-131 are all mailed together but are separate applications so need their own separate evidence.

Those adjusting from a K-1 that do not get an interview are having to wait longer. You just never know how many months it could take. If an emergency came up while you were still waiting for your green card, it would be very good to already have the AP. This has happened to some people and then they regretted not applying for the AP with their initial AOS filing,There is no need for an explanation of why you want the AP when filed with a pending I-485. And you can leave the date and length of your trip blank and then hand-write Unknown for those. You do not have to have a planned trip or any reason at all for applying for the AP. It will be granted because you are eligible and applied for it. You will most likely receive an EAD/AP combo card that is good for work and re-entering the US when traveling.

Edited September 11, 2013 by Jay-Kay