AOS Paperwork process

[tpalen 0]

Hello all,

 

This is my first post. I recently married my wife from Argentina here in Oklahoma City where I'm from. We will be going through the Adjustment of Status process to secure her residency. I have 2 questions:

1. Reading the guide to AOS on this site leads me to believe that we should send all of our documentation in one big packet to USCIS. However, when I read the I-485 (both the form and instructions) I'm lead to believe that we must first submit my I-130 (and I-130a + g-1145) and have that approved before we send the I-485 (+864/765/131). Which should we do [I-130 + I-485 -OR- I-130 then I-485]?

 

2. In the application for I-130 they want bonafide proofs of the marriage. Given she does not have a SSN, our hands are somewhat tied regarding joint accounts, and we're currently staying in my house which I own, so there's no possibility of showing a lease. I could potentially add her to the water bill, a car that I own outright, and maybe a few other things. Will that be sufficient or do I need to start looking into 3rd party affidavits? If so, how many should I submit? [To be sure, once she secures Employment Authorization/SSN we'll be able to open joint accounts, and will probably be co-leasing a property by the end of the year, so when it comes time for the interview at the end of the AOS process, I suspect the bonafides to be in much more secure condition].

 

I apologize for asking questions that I'm sure have been answered 1,000 times, but it's a lot of information to sift through on the forums.

[T_McCann 10]

Did your wife originally enter the USA on a K1 visa?

[tpalen 0]

She did not.

She entered on a B2 visa last couple days of December. We went on a cruise together with some friends in early January. When we got back from the cruise, I proposed to her and we have lived happily ever after since :-) .

 

[T_McCann 10]

If you are a US citizen, you can file I-130, I-485, I-131, I-765 concurrently (altogether).

 

follow the AOS forum on this site  

[khristine0509 2]

11 minutes ago, tpalen said:

Hello all,

 

This is my first post. I recently married my wife from Argentina here in Oklahoma City where I'm from. We will be going through the Adjustment of Status process to secure her residency. I have 2 questions:

1. Reading the guide to AOS on this site leads me to believe that we should send all of our documentation in one big packet to USCIS. However, when I read the I-485 (both the form and instructions) I'm lead to believe that we must first submit my I-130 (and I-130a + g-1145) and have that approved before we send the I-485 (+864/765/131). Which should we do [I-130 + I-485 -OR- I-130 then I-485]?

 

2. In the application for I-130 they want bonafide proofs of the marriage. Given she does not have a SSN, our hands are somewhat tied regarding joint accounts, and we're currently staying in my house which I own, so there's no possibility of showing a lease. I could potentially add her to the water bill, a car that I own outright, and maybe a few other things. Will that be sufficient or do I need to start looking into 3rd party affidavits? If so, how many should I submit? [To be sure, once she secures Employment Authorization/SSN we'll be able to open joint accounts, and will probably be co-leasing a property by the end of the year, so when it comes time for the interview at the end of the AOS process, I suspect the bonafides to be in much more secure condition].

 

I apologize for asking questions that I'm sure have been answered 1,000 times, but it's a lot of information to sift through on the forums.

 

Hi,

 

You can check this link http://www.visajourney.com/content/k1k3aos . I followed the instructions to submit my AOS.

 

My paper arrangement in sequence was paycheck, cover letter ,

1. ) I-485 ( attached with copy of passport  and K1-visa, photo copy of approval of I-129F, I-94 which you can access online, Birth Certificate and marriage certificate )

2.) G-325A form  ( with 2x2 passport photos , Attach the bag to a sheet of paper and place behind the G-325a.)

3.) I-693 Medical examination ( referring to medical examination results before packet 4 received during preparation of visa )

4.) I-864 form affidavit of support (petitioner of K1-visa) ( attached with Income tax return - 3 years )

5.) I-765 form (EAD) and 2 x 2 pictures

 

I did not fill up the I-131, because am not going to travel outside the US. Right now am just waiting for the interview schedule date from them. Oh , when I get my SSN the name they used is before I get married even though I got marriage certificate. Well , I can change it once I got my GC.

 

Hope it helps , Good luck

[T_McCann 10]

Just now, khristine0509 said:

 

Hi,

 

You can check this link http://www.visajourney.com/content/k1k3aos . I followed the instructions to submit my AOS.

 

My paper arrangement in sequence was paycheck, cover letter ,

1. ) I-485 ( attached with copy of passport  and K1-visa, photo copy of approval of I-129F, I-94 which you can access online, Birth Certificate and marriage certificate )

2.) G-325A form  ( with 2x2 passport photos , Attach the bag to a sheet of paper and place behind the G-325a.)

3.) I-693 Medical examination ( referring to medical examination results before packet 4 received during preparation of visa )

4.) I-864 form affidavit of support (petitioner of K1-visa) ( attached with Income tax return - 3 years )

5.) I-765 form (EAD) and 2 x 2 pictures

 

I did not fill up the I-131, because am not going to travel outside the US. Right now am just waiting for the interview schedule date from them. Oh , when I get my SSN the name they used is before I get married even though I got marriage certificate. Well , I can change it once I got my GC.

 

Hope it helps , Good luck

OPs wife entered on B2 with non immigrant intent.

[tpalen 0]

3 minutes ago, T_McCann said:

If you are a US citizen, you can file I-130, I-485, I-131, I-765 concurrently (altogether).

 

follow the AOS forum on this site  

I'll definitely follow the guide in as far as it makes sense, but it's the following language that gives me pause to continue forward:

 

Form I-485, Part 2-a.: "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.) "

 

Form I-485 instructions: "Who May File Form I-485?

1. Based on an immigrant petition

   You may apply to adjust your status if:

         A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or           . . ."

I know many of the forms changed to start 2017 (for example, the guide still says to include the G-325A which are no longer applicable as you are now supposed to fill out an I-130a) so that's part of the reason I'm asking these questions, even though this site is incredibly thorough and comprehensive in these matters.

[T_McCann 10]

Spouses of US citizens are considered 'Immediate Relatives and you will be given a visa number immediately (if approved). Part 2a is the correct category I believe. 

 

I originally came to the USA on an exchange program where I met my partner, we were going to do an AOS but I wanted to head back to Australia, spend a bit more time with my family and I only had 12 weeks of University left so we ended up doing K1.

 

Im sure one of the Admin or moderators will pop this in a specific AOS forum for you :-)