Applying for AOS in the USA

[Captain Ewok 1,857]

This general guides apply to people who are required to file for Adjustment of Status once they enter the US to maintain their legal status. This applies to certain non-immigrant visa holders with a K1, K3, and others. Once you file you will have several options available to track your case.

Review the following:

• Please read the Step-by-Step Guide to AOS
• What is Adjustment of Status?
• Please read the Step-by-Step Guide(s) on getting a Social Security Number and initial or a renewal EAD.

Here are two documents that describe your rights and responsibilities as a Legal US Permanent Resident:

• http://www.uscis.gov/files/article/B4.pdf
• http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1____

Helpful Tips:

Tip #1 (updated by member: Joanna&Bobby):

When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical, you need I-693.The instructions to form I-693 say: What if I am a K nonimmigrant visa holder and had a medical exam overseas?
If you were admitted as a:
A.K-1 fiancé(e), or K-2 child of a K-1 fiancé(e), or as a

B.K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S citizen

C.You received a medical examination prior to admission, then

a.You are not required to have another medical examination as long as your form I-485 Application to Register Permanent Residence or Adjust Status,is filed within one year of your overseas medical examination

b.You will, however, be required to complete Part 1,information about you,and submit the vaccination secton of Part 2 with your adjustment of status application. A designated civil surgeon must complete the vaccination section and Part 5 the Civil Surgeon’s Certification

Here's where it gets tricky! Some people have submitted a DS-3025 (obtained overseas at your medical documenting your vaccinations) with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination part. The following memo from the USCIS documents that this completed form will remain valid beyond one year when submitted with most Adjustment of Status applications.

http://www.uscis.gov/files/article/I693MedExt011106.pdf

The civil surgeon should give you an I-693 documenting the fact that your vaccinations are complete (either they were completed when you had your medical or you had them completed stateside). You should submit this with your AOS package.

Tip #2

Our interviewing officer gave us a list of documents needed to prove common residence, I thought it would be handy and maybe it can be pinned. I've typed it out verbatim.

TYPES OF DOCUMENTS NEEDED TO PROVE COMMON RESIDENCE

(The most important requirement of common residnce proof is that both names of husband and wife must be on these documents listed below, i.e. "joint accounts")

1. Home Contract copy; Rental copy; lease copy; or affidavit from person you are living with which explains the living arrangements.

2. Copies of utility bills; gas; light; electric; phone; cable; satellite

3. Joint bank accounts (must be in both names)

4. Credit/Debit Cards (under both names)

5. Insurances:
a. Auto Insurance
b. Life Insurance - submit copy of policy showing beneficiaries
c. Medical - submit copy of medical cards for each person

6. Photos;
a. When you were dating/courtship period (3 each)
b. Marriage photos (3 each)
c. Birthdays, anniversaries; Christmas; holidays; family gatherings, vacation trips; etc...... (3 each)

7. Babies - Bring copies of birth certificates

8. Major Purchases: New Car; Television; Refrigerator; stove; household appliances, etc.

9. Driver's License (both must have same address to be any good).

10. Military Identification

11. Submit a one page letter describing how you met; how long you dated; or how long your lived together before getting married.

(Note: Ensure you bring copies of these documents; not originals)

Tip #3 (from Meauxna)

In the mad visa chase, we often overlook the end goal, Permanent Resident status. This is what allows a non-USC to live, work and travel freely in/out of the US indefinitely. Many times, people don't know what their rights and responsibilities are as PRs, or what documents they'll hold to show that status.

I highly recommend the following links for the foreign AND US partners.

Now That You Are A Permanent Resident
Rules about what you can and can't do as a PR.
http://www.uscis.gov/files/article/B4.pdf

How Do I Remove the Conditions on Permanent Residence Based on Marriage?
If you've been married for less than 2 years when you become a PR.
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1____

Welcome to the United States:
A Guide for New Immigrants
OK, seems a bit hokey, especially since you've got a USC partner to show you the ropes, but take a look! There are things in there that I never even considered!
(removed from USCIS website)

Edited September 6, 2014 by Captain Ewok
update tips

[nodownguy 3]

Hello... it is with great happiness I am finally posting in this section... Miss Hue is now in America and is actually my Mrs. now!!!... We could'nt be happier....

My wife was told she had to schedule an appointment with a Dr. by Feb. 27th (she interviewed Jan. 24 and just arrived Feb 9th), but she was not told where or with whom or what for. She just received a little slip from the IOM, written in VN. Is this for an update on immunizations? We have not even sent the I-485 yet (waiting for certified copies of the marriage cert).

Thanks for any help you can give...

[loiuse 7]

Hi, i hope you guys could help me with this one... i received a notice from USCIS just yesterday about request for applicant to appear for initial interview on may 25, 2006. Is this the real interview for AOS approval or should i expect another interview date? And there are questions about what to bring, coz i've been here in the US for only about 3 months and we've been married for only 2 months and when it comes to joint account, utility bills and lease agreement it is in my husband's name. What we got so far is medical insurance from TRICARE,my military id card stating im a spouse of an active military personnel so i can get into the base. And i still havent got my EAD approval too. Here's our time line for our application process

2-02-2006 arrived in the US

2-21-2006 got married

3-16-2006 mailed the AOS and EAD to USCIS

3-17-2006 USCIS received the packets

3-21-2006 received NOA for AOS and EAD

3-24-2006 received NOA for biometrics and fingerprinting on april 7, 2006 for my AOS and EAD

4-07-2006 did my biometrics and fingerprinting

4-19-2006 NOA for request for applicant to appear for initial interview

... no news for my ead yet...

[camifree 2]

Hello! Quick question here...

A friend of mine from Venezuela has been to the US for 2 years with a student visa (she goes to college here) but she got married 2 weeks ago with an American citizen. They asked me how I have been doing with my AOS. My case is very different since I arrived with a K-1 visa. So I don't know what to answer to her, and they don't have a clue about where to start. Which should be the first steps for them to take?

Thanks!!!

[Anu 0]

Hello friends,

I need help. I am a k1 visa holder and I just got married and need to know where to file my I 485 AOS. The forms say I can file at the local office. I live in Washington DC. The forms also mention the Chicago lockbox facility.

The visa journey webiste says I should not send them to the local office.

I found a local district office in Baltimore through the infopass option on the USCIS website. However, even afer calling them , I cannot say for sure if that is the office I should send my AOS to.

Please help!

where should I file if I live in DC? Is there a way to find the offices?

Thanks

Anu

[meauxna 15]

Hello friends,

I need help. I am a k1 visa holder and I just got married and need to know where to file my I 485 AOS. The forms say I can file at the local office. I live in Washington DC. The forms also mention the Chicago lockbox facility.

The visa journey webiste says I should not send them to the local office.

I found a local district office in Baltimore through the infopass option on the USCIS website. However, even afer calling them , I cannot say for sure if that is the office I should send my AOS to.

Please help!

where should I file if I live in DC? Is there a way to find the offices?

Thanks

Anu

Anu,

please see the online form instructions for correct fee and mailing information at uscis.gov

The forms are incorrect.

[Anu 0]

Thanks for your help! I checked the site and it lists an address in fairfax, virginia that services my area....thank you so much.

Anu

[meauxna 15]

Thanks for your help! I checked the site and it lists an address in fairfax, virginia that services my area....thank you so much.

Anu

Anu, please check again before you mail anything. These are the instructions for form I-485. Be careful about what else you need to submit with it:

http://www.uscis.gov/graphics/formsfee/forms/i-485.htm#fba

[lisakenn 1]

Hello! Quick question here...

A friend of mine from Venezuela has been to the US for 2 years with a student visa (she goes to college here) but she got married 2 weeks ago with an American citizen. They asked me how I have been doing with my AOS. My case is very different since I arrived with a K-1 visa. So I don't know what to answer to her, and they don't have a clue about where to start. Which should be the first steps for them to take?

Thanks!!!

I just finished applying for permanent residency by AOS after I came to the United States to visit and got married while here. The first thing my husband and I did was consult a lawyer, and because I was legally in the country (as I assume your friend is) but as a visitor in my case, he said that I could just adjust my status and not worry about applying via the k3 process. He instructed me to make sure that I did NOT leave the country for ANY reason, or I would be denied re entry before my petition was completed (unless I qualified for advanced parole, but he did not recommend applying for it unless for a life or death reason)

The AOS procedure is the same as the one the you went through, except she doesn't need to apply for a K3. Some say it takes less time to apply for the K3, but we filed our application on February 26, 2006 and I just completed my interview and was approved on June 6, 2006.

Now, I'm not sure if I got anywhere faster because I hired a lawyer to file the paperwork, but at least we didn't need to worry that paperwork would be incorrect. My lawyer was excellent, and the cost to have him to the paperwork was only 750.00, not including the filing fees of about 765.00

If your friend wants a free consulation with him, he will personally talk with them and not charge for the initial discussion, whether or not they hire his services.

If interested, his website is this....http://www.advancedimmigration.com/ He was very helpful, and answered all of our questions even though we hadn't made any decisions about hiring him. He also allows for a payment plan as well.

Hope this helps

[windchaser_4 0]

I didn't think that was legal, but the immigration system is so messed up maybe that's a loophole.

[aussiewench 9]

I didn't think that was legal, but the immigration system is so messed up maybe that's a loophole.

No not illegal but one must be otherwise eligible and have entered the US legally/been inspected and granted entry.

[Jun1 0]

Hi, guys

Would you please help me with some question regarding AOS based on marriage with USC

1. Do we need letter from petitioner's bank to send with AOS application?

2. Do we both need to fill out G0325A? If yes, so we need 4 pages for each of us?

Thank you so much

[Anu 0]

Hi there,

The petitioner does not need to fill out another G325A. You, as the k1 visa holder, fill out another one because your information has changed, and you probably have a social security number by now and and A -number as well.

You need all 4 pages of the G325A

you need all necessary financial information you can provide. Bank balance/statement, pay stubs, tax returns for 3 years. This supports your petitioner's affidavit.

[Jun1 0]

Hi there,

The petitioner does not need to fill out another G325A. You, as the k1 visa holder, fill out another one because your information has changed, and you probably have a social security number by now and and A -number as well.

You need all 4 pages of the G325A

you need all necessary financial information you can provide. Bank balance/statement, pay stubs, tax returns for 3 years. This supports your petitioner's affidavit.

Thank you for the information.

[Miss_USA 0]

Hi there,

I'm kind of confused. I got here on my K1 Visa. After my fiance and I are getting married we file for AOS. We live in Delaware, does that mean we have to send all papers to Chicago?? I hope I understood it right?

Do we have to send in a new bankletter with the forms or can we just use the one from the K1 process?

I hope someone can help me...

Thanks

Nina