Tee and Megan

I think you should go and see a registered tax agent. You can get audit protection from them.

I am not a tax accountant. But...a K-1 visa is NOT a residency visa. It is a temporary visa and is only good IF you marry within 90 days of POE AND file AOS. Therefore, I think Exemption C is exactly the right thing for 2014 for your husband. While he is lawfully present in the US under the K-1, he is not a Legal Permanent Resident (LPR) for 2014 (as I understand the immigration law). If you wish to feel a little safer, you could file Married, Filing Separately (if it doesn't hurt you money-wise) for 2014.
Sukie in NY

Federal marketplace will accept NOA (797c receipt) for I-485 or NOA (797c receipt) for I-765 for qualification purposes if you do not apply for a tax credit ( manually say no tax credit sought or say married filing separately so you don't qualify for it).
You said husband arrived October 2014 on K-1. You said EAD last week in 2015. So with no green card in 2014, substantial presence test applies for 2014. Oct, Nov, Dec around 90 days + 2014(days) + (2013 days / 3) + (2012 days / 6) .. is it greater than 183 ? If not and no green card in 2014, then he is NON RESIDENT ALIEN in CY'2014. You could file Married Filing Separately. List spouse name in name section (USCIS will expect it there). For social of husband, write in NRA. (Note than this prevents electronic filing and NRA is normal procedure but not supported in efiling systems).
Alternatively, as was referred to above, you can elect to make him a resident for tax purposes. Be ready for what that entails as his worldwide 2014 income would then have to be disclosed on the return. For many, this is not worth it.
Remember that as far as exemptions go, all parties claimed as exemptions must have SSN.
Good luck.

They will still need to prove their marriage is legitimate and not just for the purposes of obtaining a greencard. So they will need ongoing proof of their relationship, such as pics, wedding cards, mailings to the same address, having each other on their auto and health insurance, etc. They will have an interview with a USCIS officer to verify this information before a greeencard is issued. It sounds like a lot, but it's really not. Follow the guide that has already been posted and they should be fine. The whole process usually takes 3 to 6 months from the day of filing.
Good Luck!

They would just get married in the US and then apply to adjust status to a permanent resident(green card). No visa needed. Visas are to enter the US. They are already in the US. This would be the guide to follow if they choose to marry and file for AOS > http://www.visajourney.com/content/i130guide2
~ Moved from K-1 Process to What Visa Do I Need ~

1. Yes to both questions.
2. He can not adjust from a F1 TO A K1, K1 is a visa to allow someone to enter the US and marry. If for whatever reason he wants to go the K1 route then it would be issued in India. Most people in this situation marry and adjust, but they certainly can go the K1 route

Yes I am, those don't tend to require any status

He doesn't need to have the F1 to study, but keep in mind, he will be charged international student tuition (the double of a regular resident student) and won't be able to receive loans or scholarships! Online courses aren't as expensive and they are the same price for resident and non resident students.

Hi,
He will need a status that allows him to go to school.
Adjusting status does not give him the status to attend school. He will need his green card to go to school. Without a green card, he is considered an international student and would need an F1 student visa.
Check with the university he wants to attend for their enrollment requirement.

For AOS the income requirement is a bar you must be able to get over. How far over is not important. If you have an interview, I would take along a letter from your current employer and recent pay stubs to show the IO if the question comes up. For our interview it was about answering the questions on the I-485 form--i.e. name, address, age, parent's names, where they live, SSN, etc. Nothing about income. Just document this life changing event on the I-751 removal of conditions (ROC) form.
Good luck,
Dave

Thanks vanmar820 and KayDeeCee!!
I would like to, but we only have four passport-size photos left! Well, we have more that look almost exactly the same as the others, but for some reason, when we tried to use them at the Embassy for our interview, they rejected them and took the ones we're using for the I-485 and the I-765. Can't figure out what they didn't like. Both sets are 2X2. I was nervous about using the other Embassy-rejected set for AP because I didn't want it to get rejected. Thoughts on that?
Thank you again, everyone!

Just leave those blank and then when you print out the form, hand-write 'Unknown' for those. Skip to part 7 from there(page 2) and check more than one trip, sign it and done. No reason needed, no explanation sheet, none of that. It is a really short form for adjustment applicants.
When you file for EAD and AP, you will receive a combo card that is good for both work and travel.

Send the photos you have. Some people only send 2 total for all 3 and never get an RFE. It is rare to get an RFE for passport photos, but not a big deal if you do get one. Just get more photos and send those in. You can even make 2 more copies of the 4 good ones you have. You can scan them and print them out yourself even > https://www.epassportphoto.com/

You're welcome! I sent in one certified copy of the marriage certificate.

I also agree with KayDeeCee. You should apply for AP just in case.

You should include what is required by each of the form's instructions. They are processed separately, so yes, they are separate form filings, but you mail them altogether.
I also strongly suggest you go ahead and send in the I-131. You never know how long it will take to get your green card, and sometimes things come up unexpectedly. I have seen too many posts here on here on VJ from people that did not file the I-131 and wished they had when they ended up needing it.
This is what you need for the I-765 and I-131. Neither one requires a copy of your marriage certificate, just the I-485. > http://www.visajourney.com/forums/topic/472439-evidence-for-756-and-131/?p=6723671

This link helped me out a lot when I filed AOS for my husband.
https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/mobilebasic?authkey=CNXN_oQH&pli=1
I got it from this post on VJ (as your read through the thread, that link comes up.)
http://www.visajourney.com/forums/topic/517167-aos-checklist/
Hope this helps you too!

Hi. Don't panic!
I treated the I-485 and the I-765 as two separate packets. But! You only need one G-1145. You send everything together.
The filing fee is still the same $1070
You will need 4 passport photos, since you are not filing for AP. It's 2 passport type photos for each application.
Good luck!
Edit: And to answer your last question in the first post... Yes! It's worth it!

Hi All
I have started this thread in this specific sub-forum because I will be using Australian colloquialisms (sayings) and spelling. I don't know whether being from Australia will make any difference,.. whether it be my documents don't need to be translated, or if our people fill in stuff differently (like the medical - explained below).
I started the thread itself though, because can't find any one central page that has ALL the documents for AOS, EAD and AP listed. This list relates to me and my case, but it is also the BASIC list because my case is simple, i.e. I don't have any kids or anything else remotely difficult to worry about. I didn't get any RFE's while doing K1 (here's my K1 thread: http://www.visajourney.com/forums/index.php?showtopic=206016 ), and I'm aiming for the same this time around too. I have read and re-read the instructions several times. I read every line, and not just stuff related to me, just in case it's got a little note (this actually happened on one form) that might affect me. This list is IN NO WAY a substitute for you also reading through the forms, but I hope that it helps you get an idea of when you should start sourcing things (like paperwork for the affidavit of support) and making sure you have everything you need before you get to your applying "deadline".
On that note, there is no "deadline" for applying for AOS, as long as you marry within 90 days of arriving on your K1 visa. However it is recommended that you apply before your I-94 expires as some people have experienced issues with ICE (not deportation, just hassles and on 2 occasions I've read about, being locked up until a judge tells the ICE person they were wrong and being forced to pay fees as well as immediate AOS), but just as many (if not more) have had no issues and applied for AOS years after their I-94 expires. My main reasons for applying ASAP is because I want to work and I personally don't like not being "sure" of my status. Also, if there is a period of 180 days between your I-94 and the date your AOS is processed, you MAY encounter a ban on trying to re-enter the US if you leave and try and use the AP document. For that reason, try and apply for AOS well before 180 days after your I-94 expires... just to be safe.
Also, there is currently only one fee payable, being $1,070.00 for the AOS, EAD & AP (updated 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD ). In July 2007 the fee for AOS changed and the rules altered so that if you send the EAD and AP at the same time as AOS (or while it's pending) the fee for EAD and AP are waived. Whether you apply for EAD and AP at the same time as AOS the fee remains the same and whether you think you need them or not, as the fee is waived, it's always better to have than not have, "just in case".
So here we go
Definition of terms:
I-94# - Is the admission/departure number on the I-94 card (full image here: http://www.visajourney.com/gallery/albums/...mmigration1.jpg )
A# number - Alien number - can sometimes be found on your visa under "annotation" starting with A0 then 8 digits. Also found on your NOA2 above the beneficiaries name (image here: http://www.visajourney.com/gallery/albums/...F-NOAs/NOA2.jpg )
AOS - Adjustment of Status - Applied for after entering the US on a K1 visa and marrying within 90 days. Changes status to "conditional permanent resident" and you will be sent a green card. This process takes around 90 days however it can take MUCH longer.
AP - Advanced Parole - Allows you to re-enter the USA while your AOS is pending. You are allowed to leave whenever you want, but doing so without the AP document (or green card) means you will not be able to re-enter. Leaving without it also results in your case being considered "abandoned".
CO - Consular Officer - In this thread related to the person actually processing my documents
EAD - Employment Authorisation Document - Allows you to work whilst the AOS is being processed, as long as you have a SSN of course. Once you received your GC your EAD is no longer needed
GC - Green card - short-form for green card so I don't have to keep typing it
IO - Interviewing Officer - The person who will interview me (if needed). Apparently not every case requires an interview. Lets see if I can be one of the few who don't need one
Non-Immigrant Visa Number - This is the RED number found on your visa (image here: http://www.visajourney.com/gallery/albums/...after_entry.jpg )
RFE - Request for further information - Received if something you mailed in is incomplete or missing. It doesn't cancel your case, just slows things down a fair bit, so doing everything to prevent getting one is your aim
First things first. VJ does have guides:
VJ AOS Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
VJ EAD Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead
And also example forms:
Example forms: http://www.visajourney.com/forums/index.ph...p;page=examples
The guides suggest doing a cover letter. Personally I'm doing a cover letter for each separate case (AOS, EAD and AP). I have read that the CO's don't tend to read the cover letters so really why bother, BUT I'm not doing it for them so much as for me. Filing so many documents means a lot of stuff to remember and I also think it looks neater and prettier. Also, while reading through the instructions I go through and fill in the cover letter with the attachments needed so I don't forget anything.
The USCIS has actually put together their OWN page of tips for putting together a package for mailing: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD I haven't decided if I'm going to hole punch yet or just bulldog clip as it seems that while it's appreciated it doesn't change anything so if I have a hole-punch available... maybe.
I ALWAYS go to the USCIS website to obtain forms: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD as this way you always make sure you have the most up-to-date form. Also, remember to check the filing location as it may have changed since the form was made. To do this, always make sure you go to the main form page (not the pdf, the place that links you the .pdf) such as this for AOS: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD and line four says "Where to file". In this case it tells you it depends on the category you are applying under, on other forms it might say "check the form" or "check the instructions".
As stated on each form, originals are only required when it specifically says "original" (like the forms with official signatures) otherwise copies are sufficient.
--AOS--
- G-1145 – Form for E-notification of Application/Petition Acceptance **See Note 1**
- Payment in the amount of $1,010.00 payable to U.S. Department of Homeland Security
- I-485 - Application to Register Permanent Residence or Adjust Status, signed & dated #####
- Copy of birth certificate
- Copy of K1 visa in passport
- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen
- Copy DS-3025 – Vaccination record (completed), dated ##### **See Note 2**
- G-325A - Biographic Information, including residence and employment attachments (1 copy as of July 2009)
- I-864 - Affidavit of Support Under Section 213A of the Act, completed by #####
o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for most recent tax year (or IRS tax transcript which I prefer)
o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for second most recent tax year (optional)**See Note 3**
o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for third most recent tax year (optional)**See Note 3**
o Letter from #####’s employer (optional)
o Pay stub(s) from the most recent six months for ##### (optional)
- Copy of I-797 - Notice of Action, Approval of K1 petition, dated ##### (front & back)
- Copy of Marriage certificate, dated ##### (front & back)
- Copy of I-94 – Arrival/Departure record (front & back)
The two items listed below are on the VJ AOS Guide, however NOWHERE on the forms, or their instructions is it mentioned that these items are required. These items only serve as additional information. You are required to bring your passport to the interview (if you have an interview) so perhaps by mailing this information you might not need to have one. Ultimately more info is better than less info (within reason of course) so it can't hurt. Personally I'll be including them in my parcel (in my attempt to avoid an interview ) but it makes sense that they're not needed as your Alien number is your identifier now (where with the K1 your passport number and then case number were).
- Photocopy of passport biographical details page
- Photocopy of USA entry stamp dated #####
Note 1: This form is now available that requests that you receive and email and text letting you know your application has been received http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD
Note 2: There is a huge point of contention on VJ regarding whether or not to send DS-3025 or if you will require form I-693 (immunisations only). The reason for this is, the paperwork clearly states that if you COMPLETED your immunisations PRIOR to your K1 interview in your home country (and thus your medical information is complete in the paperwork you handed in at POE (and subsequently forwarded on)) then only the copy of the DS-3025 is required. HOWEVER some people who assumed their info was complete and sent in the DS-3025 received an RFE requesting they submit a form I-693. Further information is mentioned on this VJ thread: http://www.visajourney.com/forums/index.php?showtopic=101202 So whether you go to the trouble of obtaining one so you don't risk and RFE and thus a slow-down is up to you. Personally I am in the process of calling Civil Surgeons (CS's) in my area to find our their fee. If the fee is reasonable we might do it just so we don't risk the RFE but at the same time i honestly think my form is fine and I have all immunisations filled in, either with dates or "not age appropriate". I'll let you know what I decide and then what the outcome is. Remember though every case is different, no matter how similar they might be.
Note 3: Tax information is only REQUIRED for the most recent tax year. Question 25 on the I-864 still requires that you indicate your earnings for the most recent tax years, whether you provide evidence of this income or not. There are two tick boxes in that question, where you can indicate whether you are only including the most recent tax year, or the three most recent. I personally prefer to send in IRS transcripts so that you are sure that you have not excluded any tax information and I also prefer to send in all three years of tax information just to "be safe". Information for obtaining the transcripts is located here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3614293 .
Here is a the Civil Surgeon "phone book" from the USCIS website: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV
Here is a VJ thread that lists good CS's and their prices: http://www.visajourney.com/forums/index.ph...231026&st=0
--EAD--
- G-1145 – Form for E-notification of Application/Petition Acceptance
- I-765 - Application for Employment Authorisation **See Note 1**
- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen
- Photocopy of passport biographical details page **See Note 2**
As we're applying together with the AOS then the following isn't REQUIRED, however if you choose to include it, it's up to you, like i said before, more info is better than less info
- Copy of I-94 – Arrival/Departure record (front & back)
- Copy of Marriage certificate (to show name change) **See Note 3**
Note 1: Being adjustment applicant's, we're under category c9. You will see there's also a category for K1 and K3 visas (a6) but this is for when you're not applying at the same time as the AOS.
Note 2: It actually says "If no prior EAD has been issued, you must submit a copy of a Federal Government-issued identity document such as a passport..." as well as some other examples but personally I think the passport is the easiest one.
Note 3: The next issue for me (being female, married and changing my name) is my passport is still in my maiden name. For that reason it seems to make sense to include a copy of my marriage licence. Although these things are included with the AOS application, they can always shred multiple copies
--AP--
- G-1145 – Form for E-notification of Application/Petition Acceptance
- I-131 - Application for Travel Document (Advanced Parole)
- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen
- Copy of K1 visa (to show present status)
- Photocopy of passport biographical details page **See Note 1**
As with the EAD, this isn't REQUIRED but I will probably include it because the AP form doesn't actually have a space for "prior name":
- Copy of Marriage certificate (to show name change)
Note 1: It actually says "copy of an official photo identification document showing your name, photo, and date of birth". Like with the EAD example, passport is easiest I think
General
An important thing to remember is if you change your address at ANY stage while you are an LPR (or their sponsor) you are required to change your address within 30 days of moving. There are penalties for not doing so. The USCIS has an online change of address service but you STILL need to actually post a form to them. Here's the site: https://egov.uscis.gov/crisgwi/go?action=coa . The reason for the paper form is so it's changed on the masterbase.
The current postal details for these forms (as of 3 Dec 09 ) is:
File at:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
For courier/express delivery:
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
I, like most, will be submitting my forms by express mail so I'll use the bottom address
PAYMENT
It's important when writing the cheque that you write:
"One Thousand Ten and 00/100" or it might be returned.
Here is the USCIS link outlining the cheque writing requirements: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD because if you're like me, it doesn't make sense to write it that way and I wouldn't have written it like that but their wish is our command
Hope some of you find this useful If I've forgotten something, or stuff doesn't make sense, please let me know
**Edited to add further definitions - 27 Feb 2010
**Address for filing changed and fixed on here - 10 March 2010
**Edited to add Biometrics review link here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3909156
**Edited to add - AOS approved 7 July 2010. Without RFE, Without interview. I simply followed the above guide and make sure my documents were completed properly.
**Edited to add - new AOS fees as of 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

VJ has this: http://www.visajourney.com/content/examples with example forms.
They don't have cover letters for the AOS process but I amended to suit my circumstances/needs.
I have attached examples but these aren't perfect yet, just for ideas.
Cover Letter _AOS_ for VJ.pdf
Cover Letter _AP_ for VJ.pdf
Cover Letter _EAD_ for VJ.pdf
**Edited to update with current AOS address for K1

Good luck at interview. It seems as if are prepared. Try to get a good nights sleep before the interview. Let us know the results and what questions are asked.

Tee & Megan wish you guys get successful with your interview.
I feel nervous too even me and my fiance we'll have interview for few more months

I'm hoping to do the same. If she gets her Visa the following friday after the interview then i will buy a ticket that day for her... doesnt matter the cost. if she has to wait a week, that's fine, but it will suck i cant fly with her. it's ok but would make me a bit sad i didnt get to hold her hand on the plane since its also her first experience on one and might be a little scary. whatever happens im sure we will work it all out.

Hi all!
My fiance and I just wanted to thank everyone on VisaJourney for the help and support throughout this tricky, stressful process. Last Friday we received our interview date from the U.S. Embassy in Phnom Penh. October 6th!!!!! Goodness it seems so far away. I guess the Embassy is a bit backed up. Is anyone else's date this far away?
At any rate, this morning I just booked my ticket so I can be there for his interview. We've been saving like crazy to make this happen, and we definitely couldn't have gotten this far without everyone on this amazing site. So, thank you all so much. Still sending prayers and blessings to all our Journeys. 108 days to find out if ours will finally be (sort of) over.
Love and Peace
Megan and Tee

Woohoo! My fiancé's visa was approved! The consul said it was his simplest case of the day. I really don't know what I would have done without all the help I got from VisaJourney. Thank you all! My fiancé will be traveling to the US with me on 19 July.
Good luck to everyone and thank you again!