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Kristi&Luigi

Couple of Questions prior to AOS application

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Posted (edited)

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 by Kristi&Luigi

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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. 

 

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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.

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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. 

 

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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. 

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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).

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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.

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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. 

 

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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! 

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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. 

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