-teRe-

Approval letter and GC received today!
Hoping for fast approvals for all of you guys!

You can whine and complain and have your GC denied, or you can suck it up and pay less than $200 for a new medical. The US is not the Philippines. You won't be scammed into taking medicine you do not need (if your x-ray is in fact clear) or give you shots that aren't required (flu).

Really? how to enjoy married life when he's on deployment? EEK.

What's that? my post as illegitimate? hahaha...do you even know the definition of the word? For one thing to be considered illegitimate, there should be set of law/laws or rule/rules that allows or disallows/prohibits such thing, now from what accepted standards/rules/laws did you based yours that you considered my post as illegitimate?
You read the post of the Lady from PI, so you know what i said Re: looking down upon the woman. The fact that the the accused lady graduated from a good school in the Phils and that she doesn't know the FC is totally uncalled for. Whether one graduated or not, the possibility of committing a mistake is likely to happen to anyone.
Do you even know a thing about the FC of the Philippines for you to say that, you're statements are clearly without a doubt, merely based on opinions without legal basis at all. Obviously, you lack knowledge about the family law in the Philippines. I beg to disagree but the state cares about the legitimacy of the babies, otw, there should have been no family laws at all. I mentioned about the legitimacy not the population. Legitimacy is one thing, and population is another. The pivotal issue in this case is the "no-brainer" of the FC as regards the presumption of legitimacy of the child NOT the population that you are talking about. And suddenly you even want to address divorce? It would really help you if you find some time to understand the FC. Don't you think you need to address the issue squarely? Just a suggestion.
Now for you suggestion, don't you think you should address that to the Philippine congress? just a thought so your "opinions" will make a difference.

It's not a no-brainer law, every bill signed into law has been deliberated and studied upon carefully. The rationale behind the law is to protect the interest of the unborn/child, the law doesn't want the child to suffer the status of being an illegitimate child, as such is always frowned upon especially in Philippine setting, that's why the law creates this presumption that any baby born in a marriage is presumed to belong to that of the husband and the wife. The presumption is in favor of legitimacy not illegitimacy. This presumption, however is NEVER conclusive and irrebutable and may be overcome anytime by strong pieces of evidence to the contrary. And DNA evidence, contrary to what has been said here, is never irrelevant to Philippine courts disprove paternity. In fact, courts give high credence to DNA results to be conclusive as to paternity. There is no need to revise the family code as regards the matter, as i have said one can always disprove the alleged paternity. The absence of DNA Evidence at the time of the enactment of the Family code nothwithstanding, the presumption may be rebutted by other pieces of evidence which the family codes also provided for.
Let's not looked down upon the girl or the fact that she graduated in a good school in the Philippines yet committed the mistake. To err is human. Not every Filipina knows about all the 257 articles of the Family code, that's a hard thing to do. LOL! PEACE OUT!

What's that? my post as illegitimate? hahaha...do you even know the definition of the word? For one thing to be considered illegitimate, there should be set of law/laws or rule/rules that allows or disallows/prohibits such thing, now from what accepted standards/rules/laws did you based yours that you considered my post as illegitimate?
You read the post of the Lady from PI, so you know what i said Re: looking down upon the woman. The fact that the the accused lady graduated from a good school in the Phils and that she doesn't know the FC is totally uncalled for. Whether one graduated or not, the possibility of committing a mistake is likely to happen to anyone.
Do you even know a thing about the FC of the Philippines for you to say that, you're statements are clearly without a doubt, merely based on opinions without legal basis at all. Obviously, you lack knowledge about the family law in the Philippines. I beg to disagree but the state cares about the legitimacy of the babies, otw, there should have been no family laws at all. I mentioned about the legitimacy not the population. Legitimacy is one thing, and population is another. The pivotal issue in this case is the "no-brainer" of the FC as regards the presumption of legitimacy of the child NOT the population that you are talking about. And suddenly you even want to address divorce? It would really help you if you find some time to understand the FC. Don't you think you need to address the issue squarely? Just a suggestion.
Now for you suggestion, don't you think you should address that to the Philippine congress? just a thought so your "opinions" will make a difference.

It's not a no-brainer law, every bill signed into law has been deliberated and studied upon carefully. The rationale behind the law is to protect the interest of the unborn/child, the law doesn't want the child to suffer the status of being an illegitimate child, as such is always frowned upon especially in Philippine setting, that's why the law creates this presumption that any baby born in a marriage is presumed to belong to that of the husband and the wife. The presumption is in favor of legitimacy not illegitimacy. This presumption, however is NEVER conclusive and irrebutable and may be overcome anytime by strong pieces of evidence to the contrary. And DNA evidence, contrary to what has been said here, is never irrelevant to Philippine courts disprove paternity. In fact, courts give high credence to DNA results to be conclusive as to paternity. There is no need to revise the family code as regards the matter, as i have said one can always disprove the alleged paternity. The absence of DNA Evidence at the time of the enactment of the Family code nothwithstanding, the presumption may be rebutted by other pieces of evidence which the family codes also provided for.
Let's not looked down upon the girl or the fact that she graduated in a good school in the Philippines yet committed the mistake. To err is human. Not every Filipina knows about all the 257 articles of the Family code, that's a hard thing to do. LOL! PEACE OUT!

In the legal sense, NO. A fiance(e) visa means the alien enters as a fiance(e) NOT as a spouse

Hope you were not bitten and sucked by lady bedbugs from the bars in Olongapo!

Not being a Jerk but thank you maybe if you read the whole statement I did not say all, there are a few decent ones and yes i know government workers go threw the same process. Majority of my family works for the government as military, police, FBI, Caltrans, and even a district attorney. So if someone wants to deny my k1 visa request because they got there feelings hurt and can not understand the difference between some and all or even a majority or all then that is up to them and means they are not doing there job properly and abusing there powers as a government worker which is grounds for termination. I would never want anyone to lose a job over something stupid but I do not respond to threats very well either. So if you are one who got there feeling hurt. You should know over more then 70% of Americans feel the same. And you might be in the wrong business. If not i respect your opinion would not call you a jerk for it, after all it is your right as a American or American citizen to speak your mind. I guess unless you say something that is unpopular then it is not my right to speak my mind. Makes me wonder why I even served in the U.S. Army and fought in Desert Storm just to be told i can not have or voice my opinion. Have a nice day . Daniel

I personally don't think poorly of the workers but I do detest the system. Unfortunately even the best employees couldn't work well enough when spread so thin. That being said, nobody should sit back and be complacent when the VSC is at such a standstill. They need to take the necessary measures to ensure the petitions get done within processing times. Maybe opening another center, letting the local centers have branches dealing with the K-1's or hiring more adjudicators could be some primary steps at fixing the long wait. I hope nobody would "toss" the petition of anyone else to the bottom of the pile just for being upset with the system and how crazy it has become. I am a firm believer that for the most part people do their best with the systems they work under. Fix the system and the people working it will continue to do their best and be able to do their jobs more quickly and efficiently.

Well,obviously your frustration becomes rudeness then! Jim has contributed an enormous amount of good, useful information to this website FREE of charge and in his own FREE time. You are the one who is jumping on posts now! If you are not satisfied with the information here-look elsewhere! Sometimes mistakes are made. Like Jim said, we are not lawyers. Everybody contributes what they can to make this website what it is and if you are more informed on a certain matter-share it by all means, but in a non criticizing manner!

I think you're coming off as quite rude, kinu4real. Nobody's jumped on your post, people are simply asking for clarification on what happened in your case so that in the future, they can AVOID giving false or misleading information to people.

Wait a minute. People come here and ask for advice based on other peoples experience and knowledge. Just because something did, or did not happen to you, does not make that advice or experience invalid.
My wife and I went fully prepared for our AOS interview, a ton of documents and photos. We were confident because of what we had read and learned here. The fact that OUR interviewer didn't look at any of our documents and only asked one question is irrelevant. MOST people get asked for lots of relationship proof. Just because we weren't doesn't make the advice to be prepared irrelevant.
This is great forum and we should appreciate it. You want a lawyer's advice, hire one?

Nothing wrong with it -- it's the present perfect progressive tense, as opposed to the simple past tense. It all depends on whether or not the action is fully in the past or not.

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

RUN, and do not look back

I have been in your situation and yeah it does sucks, it's an arbitrary process with the uscis and sad cos we can't do anything about it, it's hard to have that enduring patience too during these times, but just help yourself, get busy with other things, try not to check your status too often, take a break from looking at the approvals here in vj so it won't disheartened you, i know it's hard but that's what you need to do, don't do the advice "withdraw the petition" it's totally nonsense, you'll get your approval too like me, right now the best thing to do is just PRAY, i won't even ask you to stay positive cos that's really a hard thing to do now, just pray, pray and pray, it really worked for me! good luck!

:thumbs: :thumbs:

lol the fortitude . get a clue he was just using an expression to show he.'s anxious . quit encouraging people to give up

We don't have many weapons against USCIS, but one of the better ones is Congressional contact. You can't use it until 5 months to the day, but you should use it on that day. While your Congress Member cannot force USCIS to do anything, Congressional contact is an administrative hassle for USCIS, so it does have an attack value to it.
We are the only group with this weapon. Haitian refugees, foreign workers, and other non-citizens do not have this weapon. And if enough of us use it to create a big enough hassle for USCIS, they will get the message that it is in their interests to process our petitions on time (i.e. no later than the 5 month mark).
Please do not get jostled by the people here who already completed their journey and forgot what it was like to endure this horrible wait. Advice like "just withdraw your petition" is about as useful as a cigarette machine in a lung cancer ward. Surely you came here for something better.

IMO, it depends on each individual's personality, intellect and resourcefulness. Whoever is better at organizing and going through details will more likely do most of the paperwork. It doesn't matter what the gender is, the nationality or whether he/she is the petitioner/beneficiary. Many FIlipinas are college/university-educated, hold postgraduate degrees, are professional workers, and are fluent in English (sometimes more so than the USC when it comes to grammar, spelling and composition). If the beneficiary happens to lack adequate English language skills and/or lacks reading comprehension and/or is unused to doing paperwork, then I agree that the USC petitioner should be helping out more.

On the contrary, I can fret about the 5 month mark for as long as i please, i have complete control over my feelings sorry to tell you and you CANNOT do anything about that as well. The agreed time is 5 months. Lucky for your "good" friend, he's got too much patience to wait for 10 mos. And you don't tell me to move to another country, i have a mind of my own and i'm not even asking for your suggestion in the first place and of course i know how the visa approval process is.

They don't care at all even if the petitioner is in the military unless there's a deployment, they just don't care at all and it's totally BS!