Simple AOS questions

[johnnyv 20]

When I applied for the K-1, I (US citizen) was the petitioner, and my fiance, was the beneficiary. In the case of filing for AOS, is she the petitioner, or beneficiary?

If I'm using a co-sponsor, do I need two I-864's? Also, I'm only using a co-sponsor (mother) because I'm currently on temp status at my job and will be hired full time at the beginning of the year. Should I include a co-sponsor if I make well over the income level in this case?

I have my w-2's to submit, current employment letter, and lots of paystubs. Is that enough? They're originals but I planned on making copies.

If I don't include the I-131, after everything is approved, is she able to travel and see her family again?

Edited December 23, 2014 by johnnyv

[johnnyv 20]

Bump

[NancyNguyen 1,657]

1. AOS she is applicant.

2. 2 I-864s. If you can prove you meet the requirement (pay check, employer letter, W2s...) you don't need to include your mom.

3. Send everything in copies, except main forms and affidavits...

4. Yes she travels anytime she wants with GC. I-131 is for emergency mostly.

Good luck.

[KayDeeCee 4,893]

The person applying for AOS is the adjustment applicant. The USC would be the petitioner/sponsor and only need to provide the I-864 with supporting documents.

If you use a joint sponsor, then they would need to fill out their own separate I-864, provide their supporting documents plus proof of being a USC or LPR. You can file with the joint sponsor's documentation, or file with just yours and wait and see if you get an RFE stating you don't meet the requirements, then you could send in the joint sponsor's paperwork.

The I-131 allows you to travel while waiting for your green card approval. It is not just for emergency travel. I strongly suggest you go ahead and send in the I-131. You never know how long it will take to get your green card, and sometimes things come up unexpectedly. I have seen too many posts here on here on VJ from people that did not file the I-131 and wished they had when they ended up needing/wanting it.

Once the green card is approved, the EAD/AP will no longer be needed.

Edited December 24, 2014 by KayDeeCee

[johnnyv 20]

Okay. Thank you both for answering these questions!

[Pinkrlion 2,724]

I would apply for I-131, you never know how long it will take for GC to be approved. We traveled with it outside of the country twice before GC got approved, and we had no issues.