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Brittani

AOS through K1 (few questions I have on filling it out)

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I'm filling out the -485 application just for practice so we will be prepared when my fiance finally gets here next month and we get married and I have a couple of questions on a few things also if anyone could provide me some good links for filling this out I would appreciate so much....

 

1. Part 1. 20.a. 

Place of last arrival into the United States...I am assuming this will be his POE? I know it sounds like a dumb question but I just want to make absolute certain.

 

2. Part 1. 24. What is your current immigration status? What is someone's status in their eyes when entering the US on the K1 and has gotten married within the required 90 days? Again probably another dumb question but I need to make sure.

 

3. Part 2. 3. Receipt number of underlying petition (if any)? This talks about a principal applicant and a derivative applicant. To me this would be filled out for a child is a child was immigrating with my fiance. It's just him that will be applying for AOS so this wouldn't be applicable to us, right?

 

4. Part 3. 1. Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. embassy or U.S. Consulate abroad? This question I am genuinely confused about because he is applying for a nonimmigrant visa with immigrant intent (the K1) at the US embassy in London but I'm not sure if that's what this is asking for it says immigrant visa to obtain permanent residence? This is the one I really need answers to.

 

Also, should I put "N/A" or just leave stuff blank to what doesn't apply to him? I've seen conflicting answers.

 

I focused so much on our petition for the K1 that I felt confident in assembling it but this one I'm a little nervous about. It seems straight forward but like I said if you guys could provide me with some trusted resources that could educate me I would be so thankful.

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1. Yes

2. K-1 visa holder

3. You filed an i-129f petition for him. That one came with a receipt number.

4. No.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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13 minutes ago, Scandi said:

1. Yes

2. K-1 visa holder

3. You filed an i-129f petition for him. That one came with a receipt number.

4. No.

Ok question 3. that I asked about the underlying petition that makes sense so he's the "principal applicant"? or is that me and my information goes there? And he would be the "derivative applicant"? Just a little confused I haven't seen these terms yet.

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48 minutes ago, Brittani said:

Ok question 3. that I asked about the underlying petition that makes sense so he's the "principal applicant"? or is that me and my information goes there? And he would be the "derivative applicant"? Just a little confused I haven't seen these terms yet.

he is the principal aplicant

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Posted (edited)
2 hours ago, Brittani said:

Ok question 3. that I asked about the underlying petition that makes sense so he's the "principal applicant"? or is that me and my information goes there? And he would be the "derivative applicant"? Just a little confused I haven't seen these terms yet.

This is his application  to fill out and sign so he is the principal applicant. You are not applying for a greencard, work authorization, or advance parole so you answer about him when you fill this out for him. You may be referred to as petitioner, spouse, and/or sponsor (for I-864) in various forms. 

 

You had derivative right the first time....a child (K2) or on certain other visas might be a foreign couple where the husband got the visa, but his wife gets status derived from his visa type. Like maybe the vicar  from Grantchester and his wife decided to move to America. He gets a clergy visa and she gets to come along. 

 

Tip: You need to graduate on up to the AOS forum to ask these questions. They are not about K1 process. 

Forum: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-k1-and-k3-family-based-visas/

Edited by Wuozopo

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