Required Documents with AOS (K-1 Visa)

[Keegan 2]

Few questions regarding the supporting documents i need to send in with the AOS

so far my checklist is..
 

1. Cover Letter
2. G-1450 ($1,440) AOS
3. G-1450 ($630) I-131
4. G-1450 ($260) I-765
5. G-1145
6. AOS packet
7. Medical Exam Results
8. 6 passport style photos of applicant
9. Applicant Birth certificate?
10. Copy of US citizen passport
11. I-797 NOA from K-1 Petition (i-129f)
12. Copy of K-1 Visa Page in Passport
13. Copy of Passport biographic page
14. Copy of I-94 Arrival Record
15. MARRIAGE CERTIFICATE
16. Form I-864

• Tax return for past 3 Years
• W-2
• Pay Stubs

16. Proof of Bonafide Marriage (joint accounts, photos, etc.)

 

Questions:

Does he need to provide a copy of his birth certificate? Or will the passport biographic page and K-1 Visa page suffice? In the photo attached, it says if BC is unavailable, you can submit evidence such as medical records, which we will be filing. We do not have a copy of his birth certificate from Costa Rica, but could obtain one if necessary even though it may delay the filing and we are technically already out of status..)

 

Any other suggestions, please comment! 

 

[MalloryCat 587]

if you are doing tax return transcripts (which is preferred), the W2 is irrelevant and you should not include it.

 

if he is out of status you need to file asap. start the process to obtain his BC now. 

submit what you have (passport, K1 Visa) and wait and see if you get an RFE for the birth certificate.

it happens at least you would have started the process to get it.

[Edward and Jaycel 1,368]

If you are able to obtain the birth certificate then you must get a certified copy, make a copy of that and submit it. Keep the certified copy to bring to the interview if you have one. That rule above is only if the birth certificate is unobtainable based on the Department of State reciprocity table:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Edited Monday at 08:16 PM by Edward and Jaycel

[TBoneTX 46,898]

Thread is moved from the K-1 Case Progress subforum to the "AOS from K Visas" main forum -- OP is at the latter phase.

[hplusj 450]

Below is our table of contents, where we break down payment, forms, and supporting documents by case, so the EAD and green card could be processed if separated.  The affidavit of support is also organized on its own, since evidence is centered on the USC and not the beneficiary.

 

Documents are also ordered based on the USCIS filing tips.

 

---

 

SECTION A : I-485, APPLICATION FOR PERMANENT RESIDENCE

 

PAYMENT

● I-485 Payment (two money orders, total $1440USD)

   ○ Money order payable to “US Department of Homeland Security”, total $1000USD

   ○ Money order payable to “US Department of Homeland Security”, total $440USD

 

FORMS

● Form G-1145, e-Notification of Petition/Application Acceptance

● Form I-485, Application to Register Permanent Residence

 

IDENTIFICATION 

● Copy of applicant’s passport bio page

● Copy of applicant’s stamped K1 visa page

● Copy of applicant’s birth certificate

● Copy of applicant’s police clearance record

● Bag containing 2(two) passport size photos of applicant

 

CONFIRMATIONS 

● Copy of form I-797c (NOA1) for I-129f

● Copy of both received I-797s (NOA2s) for I-129f

● Copy of valid I-94 travel record from entering US on K1

● Copy of applicant and spouse’s marriage certificate

● Copy of form DS-3025, vaccination documentation worksheet - 2 pages, single sided

 

SUPPLEMENTAL EVIDENCE 

● Supplemental photo evidence - 5 pages, numbered, documenting wedding, time with relatives, life after the honeymoon

● Supplemental document evidence - 1 page each

   ○ credit union account

   ○ Iowa state drivers instructional permit (Real ID)

   ○ Social Security conditional card

 

SECTION B : I-864, AFFIDAVIT OF SUPPORT FROM US CITIZEN SPOUSE

 

APPLICATION AND EVIDENCE

● Form I-864, Affidavit of Support

● Copy of sponsor’s US passport (maiden/birth name)

● Copy of sponsor’s US birth certificate

● Another copy of sponsor and spouse’s marriage certificate (in case applications get separated)

● Sponsor’s employment verification letter

● Sponsor’s paystubs, all pay periods from last 6 months

● Sponsor’s 2023 IRS tax transcript

 

SECTION C : I-765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

 

PAYMENT

● Money order payable to “US Department of Homeland Security”, total $260USD

 

FORMS

● Form G-1145, e-Notification of Petition/Application Acceptance

● Form I-765, Application for Employment Authorization

 

IDENTIFICATION 

● Copy of applicant’s passport bio page

● Copy of applicant’s stamped K1 visa page

● Copy of applicant’s birth certificate

● Copy of applicant’s police clearance record

● Bag containing 2(two) passport size photos of applicant

 

CONFIRMATIONS 

● Copy of form I-797c (NOA1) for I-129f

● Copy of both received I-797s (NOA2s) for I-129f

● Copy of valid I-94 travel record from entering US on K1

● Copy of applicant and spouse’s marriage certificate

● Copy of form DS-3025, vaccination documentation worksheet - 2 pages, single sided

 

SUPPLEMENTAL EVIDENCE 

● Supplemental photo evidence - 5 pages, numbered, documenting wedding, time with relatives, life after the honeymoon

● Supplemental document evidence - 1 page each

   ○ credit union account

   ○ Iowa state drivers instructional permit (Real ID)

   ○ Social Security conditional card

 

---

 

We did not do advance parole but if we did, we'd echo with a section 4 similar to the I-765.  Keep in mind we are still awaiting a green card interview, but the EAD was cleared one month after submission in October.  Take from that what you will.  Best of luck!

Edited yesterday at 03:11 AM by hplusj

[Keegan 2]

21 hours ago, hplusj said:

Below is our table of contents, where we break down payment, forms, and supporting documents by case, so the EAD and green card could be processed if separated.  The affidavit of support is also organized on its own, since evidence is centered on the USC and not the beneficiary.

 

Documents are also ordered based on the USCIS filing tips.

 

---

 

SECTION A : I-485, APPLICATION FOR PERMANENT RESIDENCE

 

PAYMENT

● I-485 Payment (two money orders, total $1440USD)

   ○ Money order payable to “US Department of Homeland Security”, total $1000USD

   ○ Money order payable to “US Department of Homeland Security”, total $440USD

 

FORMS

● Form G-1145, e-Notification of Petition/Application Acceptance

● Form I-485, Application to Register Permanent Residence

 

IDENTIFICATION 

● Copy of applicant’s passport bio page

● Copy of applicant’s stamped K1 visa page

● Copy of applicant’s birth certificate

● Copy of applicant’s police clearance record

● Bag containing 2(two) passport size photos of applicant

 

CONFIRMATIONS 

● Copy of form I-797c (NOA1) for I-129f

● Copy of both received I-797s (NOA2s) for I-129f

● Copy of valid I-94 travel record from entering US on K1

● Copy of applicant and spouse’s marriage certificate

● Copy of form DS-3025, vaccination documentation worksheet - 2 pages, single sided

 

SUPPLEMENTAL EVIDENCE 

● Supplemental photo evidence - 5 pages, numbered, documenting wedding, time with relatives, life after the honeymoon

● Supplemental document evidence - 1 page each

   ○ credit union account

   ○ Iowa state drivers instructional permit (Real ID)

   ○ Social Security conditional card

 

SECTION B : I-864, AFFIDAVIT OF SUPPORT FROM US CITIZEN SPOUSE

 

APPLICATION AND EVIDENCE

● Form I-864, Affidavit of Support

● Copy of sponsor’s US passport (maiden/birth name)

● Copy of sponsor’s US birth certificate

● Another copy of sponsor and spouse’s marriage certificate (in case applications get separated)

● Sponsor’s employment verification letter

● Sponsor’s paystubs, all pay periods from last 6 months

● Sponsor’s 2023 IRS tax transcript

 

SECTION C : I-765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

 

PAYMENT

● Money order payable to “US Department of Homeland Security”, total $260USD

 

FORMS

● Form G-1145, e-Notification of Petition/Application Acceptance

● Form I-765, Application for Employment Authorization

 

IDENTIFICATION 

● Copy of applicant’s passport bio page

● Copy of applicant’s stamped K1 visa page

● Copy of applicant’s birth certificate

● Copy of applicant’s police clearance record

● Bag containing 2(two) passport size photos of applicant

 

CONFIRMATIONS 

● Copy of form I-797c (NOA1) for I-129f

● Copy of both received I-797s (NOA2s) for I-129f

● Copy of valid I-94 travel record from entering US on K1

● Copy of applicant and spouse’s marriage certificate

● Copy of form DS-3025, vaccination documentation worksheet - 2 pages, single sided

 

SUPPLEMENTAL EVIDENCE 

● Supplemental photo evidence - 5 pages, numbered, documenting wedding, time with relatives, life after the honeymoon

● Supplemental document evidence - 1 page each

   ○ credit union account

   ○ Iowa state drivers instructional permit (Real ID)

   ○ Social Security conditional card

 

---

 

We did not do advance parole but if we did, we'd echo with a section 4 similar to the I-765.  Keep in mind we are still awaiting a green card interview, but the EAD was cleared one month after submission in October.  Take from that what you will.  Best of luck!

can i ask why you did 2 money orders for the 1440 AOS fee? Also, how did you get your foreign fiance a drivers instructional permit/social security conditional card? 

[Edward and Jaycel 1,368]

15 minutes ago, Keegan said:

can i ask why you did 2 money orders for the 1440 AOS fee?

The maximum amount you can get on a money order is $1,000 so he had to do two to pay the full $1,440 fee

[hplusj 450]

1 hour ago, Keegan said:

can i ask why you did 2 money orders for the 1440 AOS fee? Also, how did you get your foreign fiance a drivers instructional permit/social security conditional card? 

As @Edward and Jaycel noted, money orders have a $1000 maximum. 

 

My now-husband was able to apply for a Social Security Card after entering the US on a K-1 fiance visa.  The Social Security Administration (SSA) recognizes a K-1 related I-94 travel record as a valid lawful entry record, and the best time to apply is about 1-2 weeks after entry into the US (though we went four days after his arrival, and had no problems locating him in the system).  The government's “SAVE” system needs to be up-to-date at your SSA visit otherwise you will be referred to filing manually with a form, which often gets caught in a bureaucratic quagmire and is best avoided.  You can always schedule another SSA visit if the I-94 isn't showing up.  The I-94 expires after 90 days of entry and SSA will refuse to accept the I-94 if it is scheduled to expire within 14 days.  So do it as early as possible.

What should you bring?
1) Completed SS-5 form
2) Passport (with the K-1 Visa page)
3) Copy of valid I-94 travel record
4) K1 NOA2 and copy of birth certificate as other valid forms of ID
5) Document RM 10211.530 that you printed out (link found here) in case you get pushback from the SSA agent.  A knowledgeable one will understand that a K1 entrant can receive a conditional social security card even before marriage or filing AOS, as they are a "legal alien ALLOWED to work".  Other agents are not so on the ball, and will need evidence from the SSA website that you qualify.  Ours was great, and this turned out not to be necessary.  But, better safe than sorry.

 

Ultimately I HIGHLY recommend getting a Social Security card right after entry into the United States, particularly if you have no intention of updating your last name with marriage.  It can be a little tricky if you are, but the Social Security card, even a conditional one, is your golden ticket that opens all kinds of doors.  In the time before we filed AOS, my husband was able to open his own bank accounts, get a secured credit card (great for building a new credit score ASAP), and even get his instructional permit.  He had to do behind the wheel again so we missed the cutoff for when we wanted to file his AOS; he had his Iowa driver's license a week later.  In six months, his credit score competed with mine and even though we're waiting for his green card interview, we have signed leases together, shared utilities, and comingled financial accounts: all invaluable evidence for the impending interview.

Edited 4 hours ago by hplusj