AOS packet

[gretchen_darren 67]

Finally working on AOS packet. Getting everything done. Here is the list I have:

(beneficiary=wife, AOS) (petitioner = Husband, US citizen)

Main forms:

Beneficiary:

I-485

G-1145

G-325a - beneficiary updated information

I-765

I-131

I-693 -- page 1 and vaccination page -- completed by recognized physician.

Petitioner:

I-864EZ

Supporting documents:

copy of beneficiary's birth certificate

Copy of beneficiary's visa passport page

certified marriage certificate

copy of I-94

copy of NOA2

certified divorce papers for petitioner

copy of previous year's tax forms including w-2 and 1099 for petitioner

Two 2"x2" passport photos for beneficiary

I-131 qualifying letter

Fee to enclose in filing: $1070

(secondary fee: billed when forms at NVC for I-864/I-864EZ domestic review: $88)

Anything missing? Any particular order?

[KayDeeCee 4,893]

Petitioner:

I-864EZ

(secondary fee: billed when forms at NVC for I-864/I-864EZ domestic review: $88)

You cannot use the I-864EZ if you did not file an I-130, and since this is from a K-1, you didn't. You need to use the I-864. There is no billing from NVC. You will send your I-864 with required tax and income proof evidence with the AOS package. Total cost is $1070.

http://www.visajourney.com/content/k1k3aos

Edited January 2, 2012 by Jay-Kay

[Penguin_ie 5,988]

*** Moving from K1 Progress Report to AOS from Family Visa forum *****

[gretchen_darren 67]

You cannot use the I-864EZ if you did not file an I-130, and since this is from a K-1, you didn't. You need to use the I-864. There is no billing from NVC. You will send your I-864 with required tax and income proof evidence with the AOS package. Total cost is $1070.

http://www.visajourney.com/content/k1k3aos

See page 3, first column of the form. I-129F filers CAN use I-864EZ.

a. I am the petitioner of the family member sponsored on this form.

Check "Yes" if you are the petitioner who is filing or who

has already filed Form I-130, Petition for Alien Relative;

Form I-129F, Petition for Alien Fiance(e); Form I-600,

Petition to Classify Orphan as an Immediate Relative; or

Form I-600A, Application for Advance Processing of

Orphan Petition.

b. I am using only my own earned or retirement income, which is

documented using IRS Form W-2.

Check "Yes" if you are using only your own earned or

retirement income that can be documented with an IRS

Form W-2. If you are self-employed, you must check

"No" to the question and you cannot use Form I-864EZ.

c. The sponsored immigrant is the only person immigrating based

on the underlying visa petition.

The term "immigrating with" in this statement means "on

the same visa petition". Thus, if the person you are

sponsoring is an immediate relative (spouse, child, or

certain parents of U.S. citizens), you can automatically

check "Yes" for this box because every immediate relative

has his or her own visa petition. If the person you are

sponsoring is a family-based preference immigrant, and

the family members listed on the same visa petition are

immigrating with or within 6 months of the sponsored

immigrant, you must check "No" for this box and you

cannot use Form I-864EZ.

Edited January 2, 2012 by gretchen_darren

[Rebecca Jo 1,962]

Darren, when one files and I-130, they also file the I-129F. You are reading the wrong part of the instructions.

You may use Form I-864EZ IF ALL the following conditions

apply:

1. You are the person who filed or is filing the Form I-130,

Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on

the Form I-130 petition;

3. The income you are using to qualify is based entirely on

your salary or pension and is shown on one or more Forms

W-2 provided by your employer(s) or former employer(s).

[gretchen_darren 67]

Darren, when one files and I-130, they also file the I-129F. You are reading the wrong part of the instructions.

You may use Form I-864EZ IF ALL the following conditions

apply:

1. You are the person who filed or is filing the Form I-130,

Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on

the Form I-130 petition;

3. The income you are using to qualify is based entirely on

your salary or pension and is shown on one or more Forms

W-2 provided by your employer(s) or former employer(s).

Read the WHOLE instructions.

I read the step-by-step instructions on pages 3-6.

A person who files an I-130 does not always file an I-129F. (the I-129F is filed separately AFTER the NOA1 on the I-130 by the petitioner.)

I checked the form many times in the instructions. It states if ALL statements are true you can file the form.

Are you considering a spouse as NOT an immediate relative now????? If you ONLY read page 1, you are correct. However, I also read the entire form instructions. the form excludes co-sponsors, multiple relative immigrants, not immediate relatives, H1B, and I-140 plus self-employed.

Page 3 specifically states: Check "Yes" if you are the petitioner who is filing or who has already filed Form I-130, Petition for Alien Relative;

Form I-129F, Petition for Alien Fiance(e); Form I-600,

Petition to Classify Orphan as an Immediate Relative; or

Form I-600A, Application for Advance Processing of

Orphan Petition.

It does not state I-130 AND I-129F. It just lists 4 forms. I-130, I-129F, N-600, N-600A.

[Rebecca Jo 1,962]

*shrugs*

Why ask a question if you already have all the answers?

Enjoy your RFE.

[paojack 41]

why do u want to pay extra and waste time getting a RFE?? Just send the RIGHT form, which is I-864 and your ONLY check of $1070 for AOS.

[KayDeeCee 4,893]

See page 3, first column of the form. I-129F filers CAN use I-864EZ.

Hmmm, the instructions seem to contradict themselves then.

Also, you need 6 passport photos, 2 for each application and a separate G-1145 for each application as well. They are all sent together but separately processed, each with its own case number and status updates. Treat each one separate and include the required documents for each, even if you already added a copy of something for another one of the applications. Organize and list them on your cover letter accordingly.

[Rebecca Jo 1,962]

Hmmm, the instructions seem to contradict themselves then.

No the instructions are not contradictory. How about this, right from page 2 of the instructions:

Only the U.S. citizen or lawful permanent resident who filed a

Form I-130 relative visa petition for a family member, may

complete this form.

[marlyn24 2]

Finally working on AOS packet. Getting everything done. Here is the list I have:

(beneficiary=wife, AOS) (petitioner = Husband, US citizen)

Main forms:

Beneficiary:

I-485

G-1145

G-325a - beneficiary updated information

I-765

I-131

I-693 -- page 1 and vaccination page -- completed by recognized physician.

Petitioner:

I-864EZ

Supporting documents:

copy of beneficiary's birth certificate

Copy of beneficiary's visa passport page

certified marriage certificate

copy of I-94

copy of NOA2

certified divorce papers for petitioner

copy of previous year's tax forms including w-2 and 1099 for petitioner

Two 2"x2" passport photos for beneficiary

I-131 qualifying letter

Fee to enclose in filing: $1070

(secondary fee: billed when forms at NVC for I-864/I-864EZ domestic review: $88)

Anything missing? Any particular order?

mine is 1-864 form and i didnt include divorced paper

[ceadsearc 516]

mine is 1-864 form and i didnt include divorced paper

I assume that is because neither you nor your spouse has been married before? Anyone who was married before MUST include their divorce certificate(s).

[Darnell 8,478]

certified marriage certificate - huh? I thought only a copy, a regular photocopy, was needed.

[Darnell 8,478]

(secondary fee: billed when forms at NVC for I-864/I-864EZ domestic review: $88) - this is not paid for any Adjustment of Status Case. Think about it a bit? NVC is not involved here.

----

certified divorce papers for petitioner Photocopy only, IIRC, but must show the seal or the stamp in the photocopy.

[Travis and Meghan 24]

certified marriage certificate - huh? I thought only a copy, a regular photocopy, was needed.

Yeah, only a copy of the marriage certificate is needed