Help with Adjustment of Status

[MancRed 44]

Hi All,

 

I'm looking to get a head start on the AOS process. If possible, can someone provide some use links to forums etc. (which steps do I need to take first)

 

Thanks in advance

[Becci391 339]

https://www.uscis.gov/greencard/adjustment-of-status

Edited April 9, 2019 by Becci391

[Crazy Cat 39,208]

https://www.visajourney.com/content/k1k3aos

[coltr 92]

I would check out the Adjustment of Status forums on here.

 

Look out for common mistakes, e.g. using the wrong line from the tax forms for total income from previous taxes in the I-864. It is line 22 (total income) from Form 1040 for years 2017 and prior, and line 6 from Form 1040 for 2018. Triple check everything. I have included my cover page as a template for you below for AOS from a K1. I just had my case progressed to Ready to be Scheduled for Interview, with no RFEs.

 

Note that you do not have to include a certified copy of your marriage certificate, as a photocopy is normally sufficient, but I have read claims of people being given RFIEs to produce it, so I decided to include a certified copy just to be on the safe side.

 

Quote

Dear Sir/Madam,

 

Please find enclosed the following documents in support of this Adjustment of Status application for ..., a citizen of the United Kingdom (the applicant), who married ..., a citizen of the United States, within 90 days of entry on a K1 Fiancé visa:

 

1. Form G-1450 Authorization for Credit Card Transactions authorizing a payment of $1225.

2. Form G-1145 E-Notification of Application/Petition Acceptance for I-485, I-765 and I-131 applications.

3. Form I-485 Application to Register Permanent Residence or Adjust Status, including the following supporting documents:

   1. Form I-485, signed and dated ....

   2. Two passport style photographs of the applicant, taken on ....

   3. Certified copy of marriage certificate.

   4. Electronic I-94 form for most recent entry of the applicant.

   5. Copy of the applicant’s foreign birth certificate.

   6. Copy of form I-797C Notice of Action – Approval notice for I-129F fiancé petition.

   7. Copy of form I-797C Notice of Action – Receipt notice for I-129F fiancé petition.

   8. DS-3025 U.S. Department of State Vaccination Document Worksheet.

   9. Copy of 221(g) request for evidence issued by the US Consulate in London for missing medical report at the time of the K1 interview. Medical report was later received and the visa issued.

   10. Copy of full passport including all passport pages, stamps, and visas.

4. Form I-765 Application for Employment Authorization, including the following supporting documents:

   1. Two passport style photographs of the applicant, taken on ....

 

5. Form I-131 Application for Travel Document, including the following supporting documents:

   1. Two passport style photographs of the applicant, taken on ....

6. Form I-864, Affidavit of Support from sponsor (...) includes:

   1. Letter describing the US sponsor’s income.

   2. Copy of the US sponsor’s biographic passport page.

   3. Employment verification letter.

   4. Last 6 months of pay stubs.

   5. Copy of latest IRS tax return, including W2s and 1099s, for tax year 2018.

 

Edited April 9, 2019 by coltr
Formatting

[MancRed 44]

5 minutes ago, coltr said:

I would check out the Adjustment of Status forums on here.

 

Look out for common mistakes, e.g. using the wrong line from the tax forms for total income from previous taxes in the I-864. It is line 22 (total income) from Form 1040 for years 2017 and prior, and line 6 from Form 1040 for 2018. Triple check everything. I have included my cover page as a template for you below for AOS from a K1. I just had my case progressed to Ready to be Scheduled for Interview, with no RFEs.

 

Note that you do not have to include a certified copy of your marriage certificate, as a photocopy is normally sufficient, but I have read claims of people being given RFIEs to produce it, so I decided to include a certified copy just to be on the safe side.

 

 

Amazing! Thanks for providing this info! 

 

If possible, can you share some links to the forums/topics I should look for?

 

Cheers

[JFH 12,189]

*~*~*non-country specific question moved from United Kingdom regional forum to “AOS from K visas”*~*~*

[coltr 92]

Start off reading the forms themselves and the instructions provided by USCIS. You will find conflicting information elsewhere, and USCIS is always the golden standard. Make sure you have the latest versions and do not download copies from elsewhere, as these will be returned to you. Try to complete the forms based on USCIS instructions first, then you will know the right questions to ask, without being biased by reading potentially outdated or incorrect information on here.

 

I-864 https://www.uscis.gov/i-864

I-485 https://www.uscis.gov/i-485

I-765 https://www.uscis.gov/i-765

I-131 https://www.uscis.gov/i-131

G-1145 https://www.uscis.gov/g-1145

G-1450 https://www.uscis.gov/g-1450 (if paying by card, and filing at a lockbox location)

 

Work out where to file. For adjustment of status from a K1, this will be the Chicago lockbox. Make sure to send to the correct address, depending on whether you are sending by USPS or a courier:

https://www.uscis.gov/i-485-addresses

 

Calculate your filing fee. Make sure you pay the correct fee. For an individual on a K1 (no children) filing for AOS, work, and travel authorization all in one application with no other petitions, this should be $1225, but please use the fee calculator to confirm:

https://www.uscis.gov/feecalculator

 

These common mistakes are a useful resource:

https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864

 

Also, when providing evidence of income for the I-864, include either the US Citizen's/sponsor's full tax return for 2018 along with all W2s and 1099s, or full tax transcripts for at least the most recent tax year. Do not include a mixture of both, as this confuses the process and can result in an RFE. Also include the last 6 months of paystubs. USCIS usually want to see at least 6 months of income for the latest job, and not providing this is a common RFE.

 

Check out these forums and compare your packet against what others have prepared:

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

 

Assemble all of your forms in the same order as on your cover letter (use mine as a template), and clip each section together with binder clips.

 

 

[Loren Y 2,731]

And when your all done and at your wits end it should like nice and pretty like this.....

[MancRed 44]

16 minutes ago, coltr said:

Start off reading the forms themselves and the instructions provided by USCIS. You will find conflicting information elsewhere, and USCIS is always the golden standard. Make sure you have the latest versions and do not download copies from elsewhere, as these will be returned to you. Try to complete the forms based on USCIS instructions first, then you will know the right questions to ask, without being biased by reading potentially outdated or incorrect information on here.

 

I-864 https://www.uscis.gov/i-864

I-485 https://www.uscis.gov/i-485

I-765 https://www.uscis.gov/i-765

I-131 https://www.uscis.gov/i-131

G-1145 https://www.uscis.gov/g-1145

G-1450 https://www.uscis.gov/g-1450 (if paying by card, and filing at a lockbox location)

 

Work out where to file. For adjustment of status from a K1, this will be the Chicago lockbox. Make sure to send to the correct address, depending on whether you are sending by USPS or a courier:

https://www.uscis.gov/i-485-addresses

 

Calculate your filing fee. Make sure you pay the correct fee. For an individual on a K1 (no children) filing for AOS, work, and travel authorization all in one application with no other petitions, this should be $1225, but please use the fee calculator to confirm:

https://www.uscis.gov/feecalculator

 

These common mistakes are a useful resource:

https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864

 

Also, when providing evidence of income for the I-864, include either the US Citizen's/sponsor's full tax return for 2018 along with all W2s and 1099s, or full tax transcripts for at least the most recent tax year. Do not include a mixture of both, as this confuses the process and can result in an RFE. Also include the last 6 months of paystubs. USCIS usually want to see at least 6 months of income for the latest job, and not providing this is a common RFE.

 

Check out these forums and compare your packet against what others have prepared:

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

 

Assemble all of your forms in the same order as on your cover letter (use mine as a template), and clip each section together with binder clips.

 

 

Excellent..!!!

Thank you for this! I really appreciate your help! 

[coltr 92]

Good luck! Make sure to question everything. It took me a few attempts to get everything right.

 

A few more pointers:

• On the I-765 your eligibility category is (c)(9).
• On the I-131 your application type in Part 2 is 1d ("I am applying for an Advance Parole Document to allow me to return to the United States after temporary foreign travel.").
• On the I-131, estimate your travel dates. Request the document for more than one trip. You are not restricted to travel on the dates that you specify. You can just put "visiting family" or similar with a notional date some time in August. You will receive an AP document valid for multiple trips.
• Your Alien Registration Number (A-Number), which you are asked to include on all pages, is only present on your K1 NOA2 and you won't find it anywhere else.
• Your I-94, which you are required to include, is available electronically here https://i94.cbp.dhs.gov/I94 and can be printed off to serve as an official copy. Check that it is correct and shows your entry on a K-1.
• Request a Social Security Number at least 14 days before your 90 days on the K1 (shown on your I-94) is due to expire. If you do not, then you will have to wait for your EAD before you can get a Social Security Number. I received mine 2 weeks after applying. You will be asked to include it on your forms if you have received it. It is useful to have a social for opening bank accounts, building credit, setting up cell phone contracts, etc.
• File for Adjustment of Status before your I-94 expires, otherwise technically you are out of status. Your NOA-1 for your AOS will then be used to prove your status in the US, if ever required to do so.
• Obviously ensure you get married before the 90 days expires!

Edited April 9, 2019 by coltr
typo

[MancRed 44]

58 minutes ago, coltr said:

Good luck! Make sure to question everything. It took me a few attempts to get everything right.

 

A few more pointers:

• On the I-765 your eligibility category is (c)(9).
• On the I-131 your application type in Part 2 is 1d ("I am applying for an Advance Parole Document to allow me to return to the United States after temporary foreign travel.").
• On the I-131, estimate your travel dates. Request the document for more than one trip. You are not restricted to travel on the dates that you specify. You can just put "visiting family" or similar with a notional date some time in August. You will receive an AP document valid for multiple trips.
• Your Alien Registration Number (A-Number), which you are asked to include on all pages, is only present on your K1 NOA2 and you won't find it anywhere else.
• Your I-94, which you are required to include, is available electronically here https://i94.cbp.dhs.gov/I94 and can be printed off to serve as an official copy. Check that it is correct and shows your entry on a K-1.
• Request a Social Security Number at least 14 days before your 90 days on the K1 (shown on your I-94) is due to expire. If you do not, then you will have to wait for your EAD before you can get a Social Security Number. I received mine 2 weeks after applying. You will be asked to include it on your forms if you have received it. It is useful to have a social for opening bank accounts, building credit, setting up cell phone contracts, etc.
• File for Adjustment of Status before your I-94 expires, otherwise technically you are out of status. Your NOA-1 for your AOS will then be used to prove your status in the US, if ever required to do so.
• Obviously ensure you get married before the 90 days expires!

Perfect! 

Cheers for your help!

[AtlToBlr 64]

17 hours ago, MancRed said:

I'm looking to get a head start on the AOS process. If possible, can someone provide some use links to forums etc. (which steps do I need to take first)

 

Not with that display picture, no...

 

Just kidding. I know others have pointed you to the right direction. The only thing I would say is - take your time, be thorough and double & Triple check everything. 

Let us know if you have questions. Good luck with the process. 

 

And good luck with Barca today  

[treppenwitz 78]

18 hours ago, coltr said:

Your NOA-1 for your AOS will then be used to prove your status in the US, if ever required to do so.

AOS applicants don't have legal immigration status but "authorized stay" allowed by the US Attorney General.

Edited April 10, 2019 by treppenwitz

[MancRed 44]

10 hours ago, AtlToBlr said:

Not with that display picture, no...

 

Just kidding. I know others have pointed you to the right direction. The only thing I would say is - take your time, be thorough and double & Triple check everything. 

Let us know if you have questions. Good luck with the process. 

 

And good luck with Barca today  

Lmao Barca game was disappointing, best chance we’ve had to beat them in years! We blew it! ☹️

 

Thanks mate! Appreciate it! I will for sure be dropping you a msg in the future! 👍🏽👍🏽👍🏽

[AtlToBlr 64]

11 hours ago, MancRed said:

best chance we’ve had to beat them in years

Weirdly, I pick you guys as the lesser of the two evils so I was secretly rooting for you haha. 

 

11 hours ago, MancRed said:

Lmao Barca game was disappointing, best chance we’ve had to beat them in years! We blew it! ☹️

 

Thanks mate! Appreciate it! I will for sure be dropping you a msg in the future! 👍🏽👍🏽👍🏽

Anytime, feel free to message - I check visajourney regularly although its been a while since my wife has been done with AOS lol.