K1 Adjustment of Status Questions

[Koathaea 0]

Hello everyone! I hope this is the correct place to ask this. >_<

My name is Rin, and I am the US-born spouse of my husband, who is from Italy. We are filing for an AoS for him following the approved I-129f, K1 Visa, and marriage, and I just want to make absolutely sure we have everything — so feedback would be super appreciated to set my mind at ease! I also have a few quick questions if anyone knows:

- He arrived in June of last year (2015). We got married within the 90-day limit, on August 23rd. Seeing as how it is nearly November of 2016, he has overstayed. Will this affect anything? I didn't see a strict time limit or anything other than the one for getting married, but I know we probably shouldn't have waited this long to file.

- Do we need to (or should we) include wedding pictures, or should we save that for the interview?

- My father is the only sponsor since I, the US-born wife of the AoS applicant, am currently in college full-time and cannot work. Does my father need to include his birth certificate along with his Affidavit forms and supporting documents to prove he was born here? (We will be living with him until I graduate and find a career.)

Moving right into what we have in our packet:

✧ Money order for $1,070

✧ Form FC-029 (Important Document Information)

✧ Form G-1145 (e-Notification)

✧ Form I-485

✧ Husband's passport bio page and k1 visa stamp

✧ Copy of I-129F NOA2 page

✧ Husband's I-94 (two pages)

✧ Husband's birth certificate and official translation

✧ Certified marriage certificate

✧ G-325A for my husband

✧ G-325A for me (Is this necessary?)

✧ Two passport-style photographs of my husband

✧ Sealed I-693 medical packet. He had to get another exam since it had been over a year

✧ Affidavit of Support from my father. Includes the form, the appropriate bank information, his W-2/tax return, an employer statement, and recent pay stubs

Is that everything? Is there anything we forgot? Thank you so much in advance for any assistance or advice! ;w;

[Ash.1101 1,756]

First off, overstay is forgiven when married to a USC. They may ask about it at the interview if you have it, but it won't deny him. I've seen people on this forum AOS after being in the country out of status for more than 10 years.

Yes, you have to provide a copy of your dad's Birth Certificate or a Copy of his Passport showing he is either an LPR or USC. Same will go for you, needing a copy of your birth certificate and such. https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf Page 5 and 6, Item Number 11a-11c. Talks about providing proof of citizenship in the I-864 instructions.

You have to fill out a I-864 regardless if you make any money or not, just as with the K-1, you are the primary sponsor in this case since he is applying for AOS due to marriage to you.

If you have any tax returns or anything, you'll need to provide them. If you didn't file taxes for any of the three years the I-864 asks, just simply attach a seperate sheet of paper saying that for the years of 20XX, 20XX, 20XX, you were not legally required to file for taxes due to no income, or income under the reporting threshold.

No, you do not need a G-325 for you, just your husband. This is technically HIS application. The only things that will be about you will be that you're on the marriage certificate, and the I-864.

Are you not planning on him working or leaving the country? If you want him to be able to start working within 90 days, you'll want to file for EAD as well. And if he wants/needs to leave the country for any reason he'll need to apply for AP as well. Imo if you're in college, it would probably be beneficial that he at least has a job. If you do go ahead and add in the EAD or AP application, it won't change the cost of AOS, but you will need four more passport photo's, as each application needs two each.

I'm assuming that since he's been out of status for so long, his DL is no longer valid and he shouldn't be driving. If he wants to be able to drive, the quickest way is to apply for the EAD. He can get his driver's liscense with his EAD card instead of having to wait for the GC to come in. It would be good for a year, when he gets his GC he can get his DL extending for 2 years from the GC issuance date. (Some states give more time).

You also don't need the FC-029. It's obsolete.

You can front load it with pictures. Don't need to do too much though. I included pictures from the wedding and the time between my husband arriving to the wedding, along with a copy of our joint car insurance, and joint bank account in the packet. It's not a requirement to send any of these things in, if you get sent for an interview, they will be helpful to have though.


Check out the guide if you haven't already. http://www.visajourney.com/content/k1k3aos

Edited October 31, 2016 by Ash.1101

[agrabs 241]

Are you not planning on him working or leaving the country? If you want him to be able to start working within 90 days, you'll want to file for EAD as well. And if he wants/needs to leave the country for any reason he'll need to apply for AP as well. Imo if you're in college, it would probably be beneficial that he at least has a job. If you do go ahead and add in the EAD or AP application, it won't change the cost of AOS, but you will need four more passport photo's, as each application needs two each.

I'm assuming that since he's been out of status for so long, his DL is no longer valid and he shouldn't be driving. If he wants to be able to drive, the quickest way is to apply for the EAD. He can get his driver's liscense with his EAD card instead of having to wait for the GC to come in. It would be good for a year, when he gets his GC he can get his DL extending for 2 years from the GC issuance date. (Some states give more time).

Check out the guide if you haven't already. http://www.visajourney.com/content/k1k3aos

Yes! I would think you would want to file for the EAD/AP for him so he can work and get a driver's license. My husband was going crazy sitting around the house not being able to work for a couple of months while waiting on the EAD. I can't imagine if he wasn't able to work or drive for over a year. Even if you are not planning on traveling anytime soon apply for AP as you never know what can come up and it can take up to a year for the green card to get approved.

[Ash.1101 1,756]

Yes! I would think you would want to file for the EAD/AP for him so he can work and get a driver's license. My husband was going crazy sitting around the house not being able to work for a couple of months while waiting on the EAD. I can't imagine if he wasn't able to work or drive for over a year. Even if you are not planning on traveling anytime soon apply for AP as you never know what can come up and it can take up to a year for the green card to get approved.

Mine was all well, and the guys a gamer. He spends his free time watching youtube and playing video games, so you'd think he would have been fine being able to do a whole bunch of that, but nope, not having a job or being able to have that feeling of freedom really was affecting him. He has a job doing over night stocking, and he even says he'd rather be doing that than nothing.