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VanessaTony

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    VanessaTony got a reaction from YvetteS in AOS, EAD & AP from K1 - the Aussie way (doc list included)   
    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
  2. Like
    VanessaTony got a reaction from Naomi1984 in Husband admits during medical he smoked weed 4 years ago   
    Seriously? You're annoyed at him for telling the TRUTH instead of being just another person who lies? Yes, you will need to wait longer but you shouldn't be angry with him for telling the truth! He is SUPPOSED to tell the truth!
    Jesus. I know you're upset right now but you're being very nasty to him. I'm sure he's upset too, but you should be proud he is a trustworthy person.
    It WILL be okay. He isn't locked out of the country. You will still be together eventually. Focus on the positives.
  3. Like
    VanessaTony got a reaction from Mustita in List of Red flag to the USCIS   
    Doing all the paperwork is a red flag? No. I did all the paperwork (save for stuff I wasn't sure about). I am paperwork minded, my husband is not. I had a 5 minute K1 interview and approved for AOS without interview. I think most people assume the guys aren't really into the paperwork. Sexist? Possibly, but girls are typically more detail minded.
  4. Like
    VanessaTony got a reaction from Catherina in Legal status while waiting AOS   
    You make me laugh because I DO know what I'm talking about, ask the member that you quoted, that our opinions and advice vary occasionally is irrelevant.
    It is common knowledge that you can still be detained by ICE even with AOS pending, I'm not saying you SHOULD be but you CAN be. There have been more than one of these cases mentioned on VJ, given not all people with AOS pending are on VJ, you can extrapolate that number to a much greater one.
    One case I remember distinctly involved $15,000 bail and lawyer fees. The immigrant and his wife were on a bus interstate when it was stopped by ICE and they were (from memory) actually looking for someone in particular. He SHOWED his NOA1 (and passport) but the officer refused to accept it because he didn't know anything about it and the immigrant was detained in immigration jail.
    The wife paid the $15,000 bail to get him out before his court hearing. When the immigrant eventually went before an immigration judge, the judge threw the case out because the immigrant is allowed to remain while awaiting a decision on the AOS.
    I'm not saying that the officer was right, the issue is that like everything, not everyone KNOWS everything.
    As for status, there have been many many posts from more experienced members than myself (and Heat) about how "AOS pending" is not a legal status, it's not a legal term. You are "protected" but you aren't anything. Your status IS out-of-status because there is no legal term for "AOS pending, but you're protected from deportation. If you want to try and locate some legal document stating that your legal status is AOS pending I will HAPPILY eat my words. You CAN still be detained. You're not supposed to be, but you MIGHT which is why it's recommended (again in MANY posts) that you avoid borders etc until you have your GC.
  5. Like
    VanessaTony got a reaction from Marzena & Stephen in AOS, EAD & AP from K1 - the Aussie way (doc list included)   
    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
  6. Like
    VanessaTony got a reaction from MAYNYCFiler2017 in Advanced Parole AP/EAD COMBO Card Restrictions   
    1. Yes and no. If your I-485 is denied while out of the country, you are unlikely to be permitted entry. you will need someone checking your mail in case you get an RFE or interview letter. Honestly though, there really isn't a "rule" about how long you can stay out on AP, that's because it's really only for temporary or emergency type things. I certainly would NOT leave the country for several months on it, a couple of weeks, maybe, but not several months.
    2. There was no need to attach an explanation, per the instructions on sending it with I-485. So yes, doesn't matter where you go. It's only about entering the US.
    Some sites:
    - http://www.hooyou.com/advanceparole/faq.html
    - https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel
    You said your case is 9 months in, how are the other people in your filing month processing? Are you close to approval time or outside it? If outside I would start calling your senator/representative about it.
  7. Like
    VanessaTony got a reaction from Highlandlad82 in G-325A questions   
    Hope that helps
    G_325a___Places_of_Residence_attachment.pdf
  8. Like
    VanessaTony got a reaction from Mootak in Australian Beneficiaries - Packet 3 to Interview date   
    Okay guys, update!!
    I have now received Packet 3!! Woohoo! I have updated dates in my signature so that you know when and approximate time-frames etc. I still need to update my timeline but hopefully when you're reading this I already have The purpose for this update, is so that you Aussie's know what to expect, I hate being uninformed so I hope this helps
    So, I'm assuming because my fiance registered for "updates" on the USCIS website, or it could be because we always put email addresses on forms, but rather than wait for mail, we got our P3 via email yesterday to my fiance's email addy, and he forwarded it to me. I note though that nothing actually changed on the USCIS website. Must be an external thing. Anyway...
    The email went to my fiance which simply said "K1 - Packet 3" in the subject line. It was a very short, maybe 5 sentence email that had my Sydney reference number (neither Melbourne, Canberra or Perth embassy's process fiance Visa's. They go through Sydney) and my name for me to confirm was correct, and a document.
    The document was only 2 pages and included websites for more information, and a "do you want us to send you forms and updates via email" which I sign and mail back if I want, which I definitely do and will be mailing off tomorrow. I was thinking I would register/express everything I send, even a seemingly little form like this. I was told it's good practice.
    The most impt part to me, was finding out that I needed to fill in "Form DS-230 Part I" and send it back ASAP. Just basically almost a duplicate of the G325 form (the biographic data form) so if you still have that, piece of cake! I don't send it with any documents, like police check or anything, just the form so they can "process my case". I will probably include the email form, they didn't say NOT to.
    Once I have my medical results, my police check, my birth certificate etc, I mail them another form, DSL-1076 (the one with all the tick boxes) saying that I have all the information for my interview. I also need to include all the documents. The worst part of THIS is that I need my medical results to do this. Hopefully I can book that test ASAP (I'll tell you all once I've "made the calls" tomorrow roughly how long I need to wait). Turns out that I don't to be mailed medical forms, that they will have them at the doctors. I just need to remember my US passport size pics and my immunisation history.
    After I mail that off, I assume that I will be mailed my interview date. This is why I want the appointment ASAP... because I know that the medical appointment can take a while to book, and then the results take about another week to be returned. I've also been told that booking an appointment in Sydney can take a while, and, silly me, I already have a booked a flight (because of my wedding and all ) so at least when the interview is booked I'll know for sure how long to change my flight to.
    Websites: (links updated 11 March 2010)

    Info for P3 - http://canberra.usembassy.gov/fiance_niv_appl.html Medical examination info: http://canberra.usembassy.gov/med_exam_instructions.html List of the Panel Physicians: http://photos.state.gov/libraries/australi...stofdoctors.pdf or medical info here: http://canberra.usembassy.gov/medical-info.html Medical forms are only obtained from the Panel Physician. Police certificate: http://canberra.usembassy.gov/obtain_police_cert.html Forms required: (links updated 11 March 2010)
    Form DS-156 — Nonimmigrant Visa Application (2 copies) Form DS-156K — Nonimmigrant Fiancé(e) Visa Application (1 copy) Form DS-230 Part I— Application for Immigrant Visa and Alien Registration Form DSL-1076 — Applicant’s Statement of Readiness to be Interviewed Form I-134 — Affidavit of Support Note: Remember to PHOTOCOPY everything you send. I was warned that I might be asked at some stage to show them some of the information again. Plus, like the G325 and the DS-230, because they're pretty similar it makes life lots easier
    Hope this helps and good luck!
    **Edit -- This website changed so I edited to fix these links - 11 March 2010
  9. Like
    VanessaTony got a reaction from TiogaTiago in AOS, EAD & AP from K1 - the Aussie way (doc list included)   
    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
  10. Like
    VanessaTony got a reaction from Florence & Jos in AOS, EAD & AP from K1 - the Aussie way (doc list included)   
    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
  11. Like
    VanessaTony got a reaction from lostbutterfly in AOS Proof of Evidence   
    This person is completely WRONG and appears they are applying the rules for applying for K1 VISA to when AOSing from one... and they aren't the same. Actually those might be the I-130 rules while in the US, or maybe the K3 rules or something.. just because of the reference to wedding pics....
    Again, as a K1 AOS applicant you DO NOT NEED to submit anything like the PP wrote. Not to mention, the reference to owning your own home being good evidence is ludicrous. They don't care as long as you live together.
    Also it is important to remember that some countries have higher fraud rates and are looked at more closely both when applying for the Visa, and AOSing.
  12. Like
    VanessaTony got a reaction from anne52384 in How long to receive green card after biometrics   
    Your wife's AOS wasn't approved.. it is impossible to do biometrics AFTER approval. So basically I think you mean she did biometrics three weeks after her case was RECEIVED which means it's only been 3 weeks. AOS is taking 3-6 months at the moment. You need to fill in your timeline so we can better understand what stage you're at.
    Did you apply for AP? You could try applying for AP now and requesting an expedite, don't know your chances but as it's free it would certainly be something I'd try given you have 45 days... AP normally takes 2 months from filing but that's when filed with AOS... so who knows.. might be approved in time for the flight
    Just to reiterate here: http://www.visajourney.com/timeline/
  13. Like
    VanessaTony got a reaction from Hurry&Wait in Name change after getting married   
    I'm not from VN but here's info anyway...
    The clerk of courts is correct. Currently you wife has her choice of name. If she elects to change her name to her married name, she will need ID to reflect that change. Right now all her ID is in her maiden name, making her maiden name her name, unless she shows proof of the change.. make sense?
    So, for the SSA for instance, they know your wife as her maiden name, until she tells them (and proves to them) otherwise. Same with her VN passport. She is known as her maiden name until she changes it. She can show her marriage certificate as proof of name change but honestly I think that would get old... but if she doesn't travel on her passport often, it wouldn't matter too much.
    She can keep both names if she likes too. Some people keep their maiden name in their home country because the effort of changing it is too much... I personally found it annoying and am happy that now all of my stuff is my married name. I feel more.. married if that makes any sense... my name being my "identity" and all that (though when I call people I know is till use my maiden name.. they're still not quite used to it)
    **Edit - I see you haven't applied for AOS yet. She should decide which name she wants before she AOS's otherwise it' expensive to change her GC. She doesn't need to change her ID before then though. My passport was only just changed in October this year (AOS approved July 2010) and my SSN is STILL in my maiden name 'cause I haven't had the chance to get to the local office. Until my passport was changed only my GC and my bankcard were in my married name.. everything else was maiden... so sometimes I was a bit confused about which name to put on forms (like applications etc)...
  14. Like
    VanessaTony got a reaction from EM_Vandaveer in Entered with K1..CBP gives conflicting info   
    I would go to your closest POE and get the I-94 corrected. You're right that this is a CBP error.
  15. Like
    VanessaTony got a reaction from calixotj in AOS, EAD & AP from K1 - the Aussie way (doc list included)   
    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
  16. Like
    VanessaTony got a reaction from bigjailerman in I-765 , Question 16   
    actually "adjustment applicants" isn't specific to K1 visas but you're right it's C9
  17. Like
    VanessaTony got a reaction from QueenComley in AOS Interview, have we been denied?   
    I'm not sure you understand... if they don't like the answers, the case is denied and he will be given 30 days to leave the country or be placed in removal proceedings.
    This is serious. He may think the carpet/curtains/doona is a different colour to you (for example when I was asking tony about this years ago I said our doona/comforter was a tan/green. He said brown). You can try practicing questions but you won't have any idea what they'll ask.
    They CAN ask
    - When did you last have sex?
    - What birth control does she use?
    - What is her/his favourite position?
    - Where are the pots kept?
    - When does the trash get collected?
    - What side of the car do you fill on?
    And any manner of questions they think will trip you up. I've heard of people being asked 100 questions. I believe 5 wrong means a denial.
    This is VERY serious.
  18. Like
    VanessaTony got a reaction from wheresmykoala in AOS Proof of Evidence   
    I don't "suggest" I'm right, I know I'm right. As stated by Nich-Nick the case you are referring is EXTREMELY different to the OP. Please read the I-485 instructions and direct me to where it says evidence must be sent with the application. You won't find it because it's not NEEDED. Some people do it, but it's not needed for the PAPERWORK, it's needed at the INTERVIEW.
  19. Like
    VanessaTony got a reaction from wheresmykoala in G-325A Attachment Help!   
    If nothing fits in the form then just write "--See Attachment--" in the top box and do the attachment.
    Example of my residence one: http://www.visajourney.com/forums/topic/236661-g-325a-questions/page__view__findpost__p__3626180. My Employer one was landscape orientation to fit more info. Make sure you put your Alien number (if known) on the document, or your birthday or some other identifier in-case you have a common name and the docs are separated.
    You are better off writing the words/letters. It erases any chance of misunderstanding.
    Separate pages for each question.
  20. Like
    VanessaTony reacted to milimelo in B1/B2 Visa - Australia - Criminal history - Few ties   
    Hi there!
    Please look over the VWP/ESTA questions really good before your brother decides to apply for a tourist visa. I'd give the ESTA a go first before setting up visa interview.
    Good luck!
  21. Like
    VanessaTony reacted to Mollie09 in B1/B2 Visa - Australia - Criminal history - Few ties   
    You can still try ESTA and disclose the record as appropriate and see what happens. If he is denied and applied for a visa, you're right, his ties don't look great, but at the same time Australia is pretty low-fraud so he has that going for him
  22. Like
    VanessaTony reacted to KierenHby in B1/B2 Visa - Australia - Criminal history - Few ties   
    ESTA might be worth a shot if the incident was 4 years back and was not a jailable offense. If he goes for a B2, those letters are unlikely to be looked at. He carries the official police report that details the charges against him and the resolution to the interview. Good luck!
  23. Like
    VanessaTony reacted to Boiler in B1/B2 Visa - Australia - Criminal history - Few ties   
    Does not sound like a CIMT? Assuming it is not ESTA all the way.
  24. Like
    VanessaTony got a reaction from Unidentified in Miscarriage/spontaneous abortion from the past can affect interview??   
    No they're really not. The problem is the incorrect use of the English language.
    http://www.merriam-webster.com/medical/abortion
    The full term in relation to someone electing to end a pregnancy is "voluntary abortion". The OP had a "spontaneous abortion" which is the correct medical terminology for a miscarriage.
  25. Like
    VanessaTony got a reaction from trublubu2 in Divorce before AOS?   
    1. As he entered on a K1 there is a chance he will be approved without interview. That's taking a while. If there's an interview and you attend saying "we're filing for a divorce once he has his GC" it doesn't' matter how much evidence you have of your relationship, they're going to think you're just helping him fraudulently get a GC. It just doesn't sound good.
    2. You are locked into the I-864 until any of the conditions listed on the form occur. this does not mean that you need to pay him, or are liable for his debts, but you MIGHT be sued by the US government to repay any means-tested benefits he uses... and to be honest, with Obamacare making healthcare mandatory, we've got no idea what sort of eligibility changes may occur. I would say it increases the risks of him using those benefits because he "has to".
    3. Usually 30 days after denial I believe.
    4. Well outside of the I-864 no. If you interview it will look like you both lied in the interview and planned to divorce all along. Might make his ROC harder... might might might.
    Personally I wouldn't do it. He can go leave the US, buy/rent another house, get another job (or see if he can get his old one back). It's not ideal but you would be protecting yourself. You don't need to write a letter with your I-864 withdrawal but you can if you like, stating that it's only because of the incompatibility. I have to ask why "being happy" means YOU sacrifice your financial security just so that HE gets to stay here. Why can't "everyone be happy" mean he returns to his home country, you continue on with your life. Why does he have to gain and you lose?
    I've seen enough things occur on these boards over the years that the idea of letting theI-864 get locked in and being on the hook financially when you know your relationship isn't viable... is terrifying to me.
    p.s. I am the immigrant. I would have gone home had the relationship failed. I would STILL return to Australia, even this long in. That's because I'm not here for the GC. I can make my way back home perfectly fine. Yes I gave up possession, work etc, but I can get those back.
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