Couple of Questions prior to AOS application

[Kristi&Luigi 157]

Hello again everyone, 

My husband and I got approved the k-1 visa last April. US Entry was May 2018 and we Married June 8, 2018 (8 for infinity yay 😊). 

We haven't applied for AOS yet since we were both overseas for the K1 process and I experienced major unemployment drawbacks after my return to the US. We literally couldn't afford the application process until just now. I read from previous VSJ posts that this is just fine and won't cause any problem, but the question and anxiety still remains. So while I have started to fill out the paperwork with my husband a few questions have popped up already and I have returned from my VSJ hiatus.

 

1. Does the delay in applying for AOS cause any troubles or difficulties with the AOS approval? Again I read that a lot of people do it but I want to hear from your experiences... 

2. I was just hired end of December and make well over the limit to sponsor my husband, since it is a new employment, do I need a co-sponsor? 

3. Based on K1 flow chart we should have applied for my husbands SSN. I didn't even know he was allowed to do that at this point? I'm confused. https://www.visajourney.com/content/k1flow

4. Application fee from downloaded instructions from USCIS website doesn't match application fee ON USCIS website. Which is it? 

5. K1 flow chart mentions "Complete I-693 per the K1/K3 AOS Guide. ", but I don't see this on the guide it is linking. Is this a required form too? https://www.visajourney.com/content/k1flow

 

Thank you and all help and suggestions is really appreciated. 

Edited January 7, 2019 by Kristi&Luigi

[K1visaHopeful 2,662]

4 minutes ago, Kristi&Luigi said:

Hello again everyone, 

My husband and I got approved the k-1 visa last April. US Entry was May 2018 and we Married June 8, 2018 (8 for infinity yay 😊). 

We haven't applied for AOS yet since we were both overseas for the K1 process and I experienced major unemployment drawbacks after my return to the US. We literally couldn't afford the application process until just now. I read from previous VSJ posts that this is just fine and won't cause any problem, but the question and anxiety still remains. So while I have started to fill out the paperwork with my husband a few questions have popped up already and I have returned from my VSJ hiatus.

 

1. Does the delay in applying for AOS cause any troubles or difficulties with the AOS approval? Again I read that a lot of people do it but I want to hear from your experiences... 

Not with the approval no, but the day the I94 expired so did the foreign spouse's status. It's not that big of a deal as you're married now but there is still the implication of being out of status in today's immigration uncertainty. At most, the foreigner would be required to apply for AOS immediately as requested by an immigration judge.

 

2. I was just hired end of December and make well over the limit to sponsor my husband, since it is a new employment, do I need a co-sponsor?  

You would have needed to file taxes for the last 3 years first off. You've done that correct? If your income (for the most recent year, at least) did not meet 125% of the FPGL's, then your next resource would be your current income. Because your job is so new it might not be worth much as you are supposed to provide your last 6 months worth of paystubs to back up your current income. A joint sponsor would be your best bet.

 

3. Based on K1 flow chart we should have applied for my husbands SSN. I didn't even know he was allowed to do that at this point? I'm confused. https://www.visajourney.com/content/k1flow 

Upon arrival a K1 Visa holder can apply for a SSN up until their I94 expires (well up until shortly before that). If you havent, you can apply on the I765 form and will be received when the EAD/AP is approved. 

 

4. Application fee from downloaded instructions from USCIS website doesn't match application fee ON USCIS website. Which is it? 

Sorry dont know what you mean. The current fee for K1's is:

I485- $1140 plus $85 biometrics fee ($1225 total)

I765- free if filled concurrently with I485

I131- free if filed concurrently with I485

How much did you think it was?

 

4 minutes ago, Kristi&Luigi said:

 

Thank you and all help and suggestions is really appreciated. 

 

[vivostu 17]

1 hour ago, K1visaHopeful said:

I485 - $1140 plus $85 biometrics fee ($1225 total)

I765- free if filled concurrently with I485

I131- free if filed concurrently with I485

Just adding that I-765 and I-131 are also free if filed after I-485 and AOS is still pending; in those cases a photocopy of the I-485 receipt notice is also sent.

[Cyberfx1024 7,978]

1 hour ago, Kristi&Luigi said:

Hello again everyone, 

My husband and I got approved the k-1 visa last April. US Entry was May 2018 and we Married June 8, 2018 (8 for infinity yay 😊). 

We haven't applied for AOS yet since we were both overseas for the K1 process and I experienced major unemployment drawbacks after my return to the US. We literally couldn't afford the application process until just now. I read from previous VSJ posts that this is just fine and won't cause any problem, but the question and anxiety still remains. So while I have started to fill out the paperwork with my husband a few questions have popped up already and I have returned from my VSJ hiatus.

 

1. Does the delay in applying for AOS cause any troubles or difficulties with the AOS approval? Again I read that a lot of people do it but I want to hear from your experiences... 

2. I was just hired end of December and make well over the limit to sponsor my husband, since it is a new employment, do I need a co-sponsor? 

3. Based on K1 flow chart we should have applied for my husbands SSN. I didn't even know he was allowed to do that at this point? I'm confused. https://www.visajourney.com/content/k1flow

4. Application fee from downloaded instructions from USCIS website doesn't match application fee ON USCIS website. Which is it? 

5. K1 flow chart mentions "Complete I-693 per the K1/K3 AOS Guide. ", but I don't see this on the guide it is linking. Is this a required form too? https://www.visajourney.com/content/k1flow

 

Thank you and all help and suggestions is really appreciated. 

1. The delay in applying for AOS does not cause any troubles or difficulties at all so don't worry about that. We have had couples on here who successfully did AOS after coming on a K1 visa/marriage and not doing the AOS due to financial difficulties for years. 

2. When you submit the AOS paperwork I would submit all of your paycheck stubs to show you make more than enough. That should be enough for now. 

3. Yes, you should have applied for your then fiance's SSN as soon as he got here. But now you will once you file the EAD paperwork you can check the box for them to give him one. 

 

[Kristi&Luigi 157]

2 hours ago, K1visaHopeful said:

 

 

I thought it was $1140 as well. 

ps. I went to europe to apply for k1 straight out of college, never employed before or made any income in any way

 

1 hour ago, vivostu said:

Just adding that I-765 and I-131 are also free if filed after I-485 and AOS is still pending; in those cases a photocopy of the I-485 receipt notice is also sent.

thank you, and if filed together can i include all in one package? are there any instructions to doing this? Also do i fill out form G-1145 per each form? Like one for AOS one for EAD and one for AP? 

 

53 minutes ago, Cyberfx1024 said:

1. The delay in applying for AOS does not cause any troubles or difficulties at all so don't worry about that. We have had couples on here who successfully did AOS after coming on a K1 visa/marriage and not doing the AOS due to financial difficulties for years. 

2. When you submit the AOS paperwork I would submit all of your paycheck stubs to show you make more than enough. That should be enough for now. 

3. Yes, you should have applied for your then fiance's SSN as soon as he got here. But now you will once you file the EAD paperwork you can check the box for them to give him one. 

 

Thank you for your kind reply. So, I can submit as solo sponsor and send additional evidence 6 months down the line? I figured they haven't even touched my file at the 6 month mark anyway... I have my job offer letter and can also include that. 

 

Sorry for so many questions. 

[vivostu 17]

2 minutes ago, Kristi&Luigi said:

thank you, and if filed together can i include all in one package? are there any instructions to doing this? Also do i fill out form G-1145 per each form? Like one for AOS one for EAD and one for AP?

Yes, send it all together. And include 3 G-1145 (one for each form).

[Cyberfx1024 7,978]

4 minutes ago, Kristi&Luigi said:

Thank you for your kind reply. So, I can submit as solo sponsor and send additional evidence 6 months down the line? I figured they haven't even touched my file at the 6 month mark anyway... I have my job offer letter and can also include that. 

Sorry for so many questions. 

Not a problem at all. That's why I said submit all of your paystubs thus far and 6 months down the line when you have the interview you can submit even more evidence. You will be good so dw. The job offer letter with the pay stubs would be great.

[K1visaHopeful 2,662]

1 minute ago, Kristi&Luigi said:

I thought it was $1140 as well. 

ps. I went to europe to apply for k1 straight out of college, never employed before or made any income in any way

Its $1225, not $1140.

 

thank you, and if filed together can i include all in one package? are there any instructions to doing this?

On how to package it? Check out youtube.

 

Also do i fill out form G-1145 per each form? Like one for AOS one for EAD and one for AP? 

Yes. And seperate required documents for each form. Although they are packaged all together eventually they still require separate documents as they are processed separately at different service centers after they are submitted to Chicago.

 

Thank you for your kind reply. So, I can submit as solo sponsor and send additional evidence 6 months down the line? Yes but the alien cannot work or return to the US if they leave until you receive approval on the EAD and AP.

I figured they haven't even touched my file at the 6 month mark anyway... I have my job offer letter and can also include that. 

 

Sorry for so many questions. 

 

[Kristi&Luigi 157]

14 minutes ago, vivostu said:

Yes, send it all together. And include 3 G-1145 (one for each form).

tysm

 

13 minutes ago, Cyberfx1024 said:

Not a problem at all. That's why I said submit all of your paystubs thus far and 6 months down the line when you have the interview you can submit even more evidence. You will be good so dw. The job offer letter with the pay stubs would be great.

thank you again! 

 

11 minutes ago, K1visaHopeful said:

 

of course! we don't plan to travel until after AP approval. ty sir! 

[Cyberfx1024 7,978]

1 minute ago, Kristi&Luigi said:

of course! we don't plan to travel until after AP approval. ty sir! 

We always say that because believe it or not we do get those posts on here about people leaving without AP and how they can come back or how they can bring their spouse back. 

[Kristi&Luigi 157]

On 1/6/2019 at 7:13 PM, Cyberfx1024 said:

We always say that because believe it or not we do get those posts on here about people leaving without AP and how they can come back or how they can bring their spouse back. 

I trust and understand you! I've seen a couple of them myself! 😁 I think I understand the process pretty well, just get confused easily on some of the most simple things just because I overthink this whole process, then to find out it was more basic then I thought

[Kristi&Luigi 157]

I have a few more AOS questions so I thought I'd ask here instead of creating a new post because I would feel like I'm spamming. so... 

 

Form Questions: 

Part 1.

           What does this number look like (how many digits etc) and where in the passport/K1 visa is it located? I can't seem to find it... 

 

Part 1. 

for 24. My husband came on a K1 and we married in June of last year. Has his immigration status changed?

for 25. Now, on my husbands I94 they included his middle name as part of his first name (ex: luigi middlenamehere) on the field for his first name. So how should I answer 25.a. b. and c.

        25.a. "lastnamehere"

        25.b. luigi "middlenamehere"

        25.c. "leave blank" 

Is this the right format? I'm confused becase it states "exactly as in i94" but on our i94 there is no area for middle name and instead they put both on first name, however this contradicts with how we put his name everywhere else. Please advice. 

 

Part 2. 

Would this be our i129f receipt number? Also what is the priority date? 

I saw on the VJ example of this form that this section was left empty. 

 

Part 7. 

My husband has naturally Brown hair but has bleached it blonde for the last 5 years or so. Do we put brown or blonde? 

 

Part 8. 

My husband went to the dentist for a tooth infection and all charges were fully paid by us. Would I put yes here or no? It wasn't "emergency" just a dental surgeon. 

 

Sorry for so many questions and if they sound bizarre but Sometimes even the simplest questions have complicated answers on these forms... I just want to make sure i don't have "false" information in our application. 

[C90 376]

6 hours ago, Kristi&Luigi said:

I have a few more AOS questions so I thought I'd ask here instead of creating a new post because I would feel like I'm spamming. so... 

 

Form Questions: 

Part 1.

           What does this number look like (how many digits etc) and where in the passport/K1 visa is it located? I can't seem to find it... It's on the K1. https://www.quora.com/How-do-I-find-my-Nonimmigrant-Visa-Number <-- Example

 

Part 1. 

for 24. My husband came on a K1 and we married in June of last year. Has his immigration status changed? No

for 25. Now, on my husbands I94 they included his middle name as part of his first name (ex: luigi middlenamehere) on the field for his first name. So how should I answer 25.a. b. and c.

        25.a. "lastnamehere"

        25.b. luigi "middlenamehere"

        25.c. "leave blank" 

Is this the right format? I'm confused becase it states "exactly as in i94" but on our i94 there is no area for middle name and instead they put both on first name, however this contradicts with how we put his name everywhere else. Please advice. Like it says, you have to provide it EXACTLY as it appears on his I-94. My maiden name is 3 separate words (very common in Europe) and they spelled it as one word. I just put it down as on my I-94, since that are the requirements.

 

Part 2. 

Would this be our i129f receipt number? Yes Also what is the priority date? Priority date would be found on your NOA1 from your I-129F. If there's none just fill out the receipt date. We did that and we didn't get an RFE for that. I'm sure they'll correct it on the interview if that's not the way to do it.

I saw on the VJ example of this form that this section was left empty. 

 

Part 7. 

My husband has naturally Brown hair but has bleached it blonde for the last 5 years or so. Do we put brown or blonde? Blond

 

Part 8. 

My husband went to the dentist for a tooth infection and all charges were fully paid by us. Would I put yes here or no? It wasn't "emergency" just a dental surgeon. It would only be yes if you used government assistance to pay for any medical need. Make sure it's only asking about the immigrant. Some questions are considered for the both of you (its been a while since I filed so I don't remember this question lol)

 

Sorry for so many questions and if they sound bizarre but Sometimes even the simplest questions have complicated answers on these forms... I just want to make sure i don't have "false" information in our application. 

 

[Kristi&Luigi 157]

6 hours ago, C90 said:

 

You are awesome! These answers are so helpful!!! Thank you! 

[Kristi&Luigi 157]

Hey guys so after reading all the instructions to aos and i864 I think I am finally ready to file!!! Here is a list of required docs I compiled while reading the instructions for the two forms. Please let me know if you see something missing or give me the A OK  I would really appreciate it. 

 

-payment
-cover letter 
-g-1145
-form i-485
-I-797 approval receipt
-2x passport style photos 
-passport bio page (copy) 
-birth certificate (copy) 
-birth cert translation
-passport entry stamp (copy) 
-k-1 visa (copy) 
-i94 (e-copy)
-marriage cert (copy) 
-affidavit of support
    -copy of bio page of passport
    -employment letter
    -pay stubs of previous 6 months
    -letter explaining why no tax returns