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Xyooj509 Contributor

Xyooj509   9

Posted
Filed: K-1 Visa Country: Laos
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Posted

Hi everyone,

 

I'm a little confused about the AOS packages. Some people say i need the I-485, I-864, I-797 and I-131.  Some other people say I need the I-130, I-693 and spousal forms? Can you guys please help out with what forms i need and what documents needed with each?

 

My wife is already here in the US on the k-1 visa. We got her SS Card a few weeks after she arrived. The SS card has her maiden name.  We just got married a month ago. I plan to get her name change on the SS card but I want to send the package in before the I-94 expires which is in a week. 

 

Any help is very appreciated. Thanks in advance.. 

 

 

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DaveAndAnastasia Experienced

DaveAndAnastasia   2,078

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Filed: Citizen (apr) Country: Russia
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Posted

Your wife is adjusting status from a K-1.

 

So

she is required to file the I-485 (application for permanent residence aka 'green card')

as part of the supporting documentation, you (and any co-sponsors) file an I-864 (affidavit of support)

 

it's strongly recommended to file an I-131 (application for advance Parole, which lets your wife return to the US from travel outside the US while waiting for her green card) and an I-765 (application for employment authorization, which lets your wife work while waiting for her green card); these don't cost extra at this time, and for some field offices (including Seattle) processing times for the I-485 can be very long.

 

An I-130 is not required to adjust status from a K-1.

 

If it has been less than a year since your wife's medical exam for the K-1, and all of her vaccinations were marked as complete at that time, you do not need to file an I-693.

In any case, you don't need to file it with your AOS application, you can (and should) wait to bring it with your interview, because it expires eventually and as per above, processing times for AOS can be long and you don't want to have to redo the medical exam.

 

You likely will not be able to change the name on your wife's Social Security card until your wife gets her employment authorization document or her green card; the Social Security Administration usually won't do name changes for immigrants with just a marriage certificate. 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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