K1 Visa and Adjustment of Status I-485

[ilovekhmer 0]

My fiance received his K1 Visa this month. He's arriving in the states next week. We will get married in 1/2 weeks time after he arrives. In the meantime I started to look into what forms are needed for his Adjustment of status (green card). Can some one please tell me beside these forms i-485, i-864, i-765, i-131 and G-1145, is G-325A also needed? Are other forms I didn't list needed.

Thank you all so very much for your help.

[cyanmavi 101]

Yes you do need it. And there are other documents needed as well. Advise him to bring his birth certificate with him from his home country.

Below is a list of everything I sent, and I had a fairly smooth process, got my green card a couple of weeks ago.

 

I-485 Application to Register Permanent Residence or Adjust Status

• Form G-1145 e-Notification of Application/Petition Acceptance

• Money Order in the amount of $1225 (Biometrics fee included) payable to U.S. Department of Homeland Security

• Form I-485 Application to Register Permanent Residence or Adjust Status

• Copy of passport biographical page

• Copy of passport pages with K-1 visa and entry stamp

• Copy of Electronic Form I-94

• Certified translation of Birth Certificate and copy of original Birth Certificate  

• Certified copy of Marriage Certificate

• Form G-325A, Biographic Information Sheet

• Two (2) Passport size photos

• Copy of DS-3025 Vaccination Supplement

• Copy of Form I-797 Notice of Action of I-129F approval

• Bona fide marriage and shared residence proof

I-864 Affidavit of Support Under Section 213A of the Act

• Form I-864 Affidavit of Support Under Section 213A of the Act
  • Copy of U.S. citizen birth certificate

  • Copy of U.S. citizen passport Biographic page

  • Copies of federal income tax return transcripts for the years 2016, 2015, and 2014

  • Copies of Letter of Employment and Commitment Letter

  • Copies of W-2 Wage and Tax Statements for the years 2016 and 2015

  • Copies of recent pay stubs (8 total) for the year 2017

I-765 Application for Employment Document

• Form G-1145 e-Notification of Application/Petition Acceptance

• Form I-765 Application for Employment Authorization

• Copy of passport biographical page

• Copy of passport pages with K-1 visa and entry stamp

• Copy of Electronic Form I-94

• Two (2) Passport size photos

• Copy of Certified Copy of Marriage Certificate

• Copy of old EAD card and mailing information on the back

I-131 Application for Travel Document

• Form G-1145 e-Notification of Application/Petition Acceptance

• Form I-131 Application for Travel Document, and Supplement part 7

• Copy of passport biographical page

• Copy of passport pages with K-1 visa and entry stamp

• Copy of Electronic Form I-94

• Two (2) Passport size photos

• Copy of Form I-797 Notice of Action of I-129F approval

• Copy of Certified Copy of Marriage Certificate

[geowrian 22,335]

G-325A is no longer needed.

 

Most of the documents for the I-131 and I-765 aren't necessary as well. It doesn't hurt to have them, but they aren't needed or reviewed.

I-765 checklist due to pending AOS: https://www.uscis.gov/system/files_force/files/form/m-1152.pdf

 

Only 1 G-1145 is needed...you will get an electronic notice with all 3 receipt numbers.

Edited October 19, 2017 by geowrian

[Ontarkie 13,915]

~~Moved to AOS Family K1/K3, from K1 P&P - As this is no longer a visa processing question but an AOS question~~

[Mr Geminian 691]

7 hours ago, ilovekhmer said:

My fiance received his K1 Visa this month. He's arriving in the states next week. We will get married in 1/2 weeks time after he arrives. In the meantime I started to look into what forms are needed for his Adjustment of status (green card). Can some one please tell me beside these forms i-485, i-864, i-765, i-131 and G-1145, is G-325A also needed? Are other forms I didn't list needed.

Thank you all so very much for your help.

First thing to do is apply for a marriage license. "There is a 3-day waiting period after issuance of the license before you can get married" states stateofflorida.com. You will have to wait about 2 weeks for the I-94 to be updated in the system and to be downloaded online. Apart from that, download forms only from USCIS website and not a third party website because forms are updated and applications gets rejected for sending in old versions of the forms. All the best  

[Avary 0]

I will put all forms in one big envelop, so if both i-485 and i-131 need a copy of my passport. Do i need to make 2 individual sets of copies or just 1 set for both forms?

[salu sou 12]

On 10/20/2017 at 1:49 AM, cyanmavi said:

Yes you do need it. And there are other documents needed as well. Advise him to bring his birth certificate with him from his home country.

Below is a list of everything I sent, and I had a fairly smooth process, got my green card a couple of weeks ago.

 

I-485 Application to Register Permanent Residence or Adjust Status

 

• Form G-1145 e-Notification of Application/Petition Acceptance

   

• Money Order in the amount of $1225 (Biometrics fee included) payable to U.S. Department of Homeland Security

   

• Form I-485 Application to Register Permanent Residence or Adjust Status

   

• Copy of passport biographical page

   

• Copy of passport pages with K-1 visa and entry stamp

   

• Copy of Electronic Form I-94

   

• Certified translation of Birth Certificate and copy of original Birth Certificate  

   

• Certified copy of Marriage Certificate

   

• Form G-325A, Biographic Information Sheet

   

• Two (2) Passport size photos

   

• Copy of DS-3025 Vaccination Supplement

   

• Copy of Form I-797 Notice of Action of I-129F approval

   

• Bona fide marriage and shared residence proof

   

I-864 Affidavit of Support Under Section 213A of the Act

 

• Form I-864 Affidavit of Support Under Section 213A of the Act

   

  • Copy of U.S. citizen birth certificate

     

  • Copy of U.S. citizen passport Biographic page

     

  • Copies of federal income tax return transcripts for the years 2016, 2015, and 2014

     

  • Copies of Letter of Employment and Commitment Letter

     

  • Copies of W-2 Wage and Tax Statements for the years 2016 and 2015

     

  • Copies of recent pay stubs (8 total) for the year 2017

     

I-765 Application for Employment Document

 

• Form G-1145 e-Notification of Application/Petition Acceptance

   

• Form I-765 Application for Employment Authorization

   

• Copy of passport biographical page

   

• Copy of passport pages with K-1 visa and entry stamp

   

• Copy of Electronic Form I-94

   

• Two (2) Passport size photos

   

• Copy of Certified Copy of Marriage Certificate

   

• Copy of old EAD card and mailing information on the back

   

I-131 Application for Travel Document

 

• Form G-1145 e-Notification of Application/Petition Acceptance

   

• Form I-131 Application for Travel Document, and Supplement part 7

   

• Copy of passport biographical page

   

• Copy of passport pages with K-1 visa and entry stamp

   

• Copy of Electronic Form I-94

   

• Two (2) Passport size photos

   

• Copy of Form I-797 Notice of Action of I-129F approval

   

• Copy of Certified Copy of Marriage Certificate

   

Can you please tell me how long its take to get green card after submitting these documents entering on k-1 visa  

[SkruDe 311]

2 hours ago, salu sou said:

Can you please tell me how long its take to get green card after submitting these documents entering on k-1 visa  

For you, in Dallas Texas, the average time is 8 months till your greencard interview after you send you paperwork.

[salu sou 12]

2 hours ago, SkruDe said:

For you, in Dallas Texas, the average time is 8 months till your greencard interview after you send you paperwork.

On the time of entry they gonna give me 90 days to file my case and during that 8 months how would i stay legal in united states ?

[SkruDe 311]

Just now, salu sou said:

On the time of entry they gonna give me 90 days to file my case and during that 8 months how would i stay legal in united states ?

You get 90 days to marry, then file AOS.

 

Once you file your AOS and get your NOA1, you gain status as "PENDING".  You will be legal while your AOS Status is Pending.  And your proof will be your AOS NOA1.

[salu sou 12]

30 minutes ago, SkruDe said:

You get 90 days to marry, then file AOS.

 

Once you file your AOS and get your NOA1, you gain status as "PENDING".  You will be legal while your AOS Status is Pending.  And your proof will be your AOS NOA1.

Thank you 

[TatiyPablo 32]

On 10/19/2017 at 4:49 PM, cyanmavi said:

Yes you do need it. And there are other documents needed as well. Advise him to bring his birth certificate with him from his home country.

Below is a list of everything I sent, and I had a fairly smooth process, got my green card a couple of weeks ago.

 

I-485 Application to Register Permanent Residence or Adjust Status

 

• Form G-1145 e-Notification of Application/Petition Acceptance

   

• Money Order in the amount of $1225 (Biometrics fee included) payable to U.S. Department of Homeland Security

   

• Form I-485 Application to Register Permanent Residence or Adjust Status

   

• Copy of passport biographical page

   

• Copy of passport pages with K-1 visa and entry stamp

   

• Copy of Electronic Form I-94

   

• Certified translation of Birth Certificate and copy of original Birth Certificate  

   

• Certified copy of Marriage Certificate

   

• Form G-325A, Biographic Information Sheet

   

• Two (2) Passport size photos

   

• Copy of DS-3025 Vaccination Supplement

   

• Copy of Form I-797 Notice of Action of I-129F approval

   

• Bona fide marriage and shared residence proof

   

I-864 Affidavit of Support Under Section 213A of the Act

 

• Form I-864 Affidavit of Support Under Section 213A of the Act

   

  • Copy of U.S. citizen birth certificate

     

  • Copy of U.S. citizen passport Biographic page

     

  • Copies of federal income tax return transcripts for the years 2016, 2015, and 2014

     

  • Copies of Letter of Employment and Commitment Letter

     

  • Copies of W-2 Wage and Tax Statements for the years 2016 and 2015

     

  • Copies of recent pay stubs (8 total) for the year 2017

     

I-765 Application for Employment Document

 

• Form G-1145 e-Notification of Application/Petition Acceptance

   

• Form I-765 Application for Employment Authorization

   

• Copy of passport biographical page

   

• Copy of passport pages with K-1 visa and entry stamp

   

• Copy of Electronic Form I-94

   

• Two (2) Passport size photos

   

• Copy of Certified Copy of Marriage Certificate

   

• Copy of old EAD card and mailing information on the back

   

I-131 Application for Travel Document

 

• Form G-1145 e-Notification of Application/Petition Acceptance

   

• Form I-131 Application for Travel Document, and Supplement part 7

   

• Copy of passport biographical page

   

• Copy of passport pages with K-1 visa and entry stamp

   

• Copy of Electronic Form I-94

   

• Two (2) Passport size photos

   

• Copy of Form I-797 Notice of Action of I-129F approval

   

• Copy of Certified Copy of Marriage Certificate

   

Thanks for this wonderful breakdown!  One question - does the application fee and biometrics fee have to be together or separate in checks/money orders?

 

Thanks again!

[TatiyPablo 32]

May I also add, what kind of information did you provide for shared evidence proof? Evidence like photos, messages, calls, bank accts, etc?

 

Thanks!

[TatiyPablo 32]

Some other questions as I am filling out Form I-485:

 

Questions 23.c. Status on I-94

My husband's I-94 says "Class of Admission: K1", am I supposed to enter that? The form doesn't let me enter numbers or special characters only letters, so would I have to handwrite "K1"?

24. What is your current immigration status? (If it has changed since arrival.)

Do we fill this out? If so, what do we enter? He came on a K1, we married, and now are doing AoS.

Part 2. 2. Are you applying for adjustment based on the Immigration and Nationality Act INA section 245i?

Assuming thats a No, for K1 Visa?

Part 3: 1. Have you ever applied for an immigrant visa to obtain permanent resident status at a US Embassy or Consulate Abroad?

Does our K1 visa application count? Or do I answer no?

Part 3: Did you write the addresses of old residences and employer in Spanish or English, how they would appear in Cuba or us?

For residences and employment there are two sections - the first two questions ask for most recent, then the next two ask for most recent residences/employment out of US, should we just follow in chronological order? For instance, my husbands current address is in New York, US, and his previous was in Havana, Cuba. Do these need to be listed in the separate sections, or consecutively?

Part 8:  1. Have you ever been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party,  club, society, or similar group in the US or any other location in the world including any military service?

My husband spent 9 months doing the obligatory Cuban military service, in a general position. Would we have to mark YES for this question? And it has implications for the following questions:

 

49. Have you EVER received any type of military, paramilitary, or weapons training?

We are hesitant to answer yes because he truly did the most basic form of general military service. Thoughts?

 

55. Have you EVER served in, been a member of, assisted, or participated in any military unit, paramilitary unit, police unit, self defense unit...etc?

Would we answer yes to this since he was technically in the military?

 

Thank you for reading through this! Obsessing over the details a bit as we want everything to be correct. Any help would be so appreciated!

 

 

[geowrian 22,335]

4 hours ago, TatiyPablo said:

Thanks for this wonderful breakdown!  One question - does the application fee and biometrics fee have to be together or separate in checks/money orders?

The AOS + biometrics fee can be combined into 1 check of $1225.

 

13 minutes ago, TatiyPablo said:

Questions 23.c. Status on I-94

My husband's I-94 says "Class of Admission: K1", am I supposed to enter that? The form doesn't let me enter numbers or special characters only letters, so would I have to handwrite "K1"?

24. What is your current immigration status? (If it has changed since arrival.)

Do we fill this out? If so, what do we enter? He came on a K1, we married, and now are doing AoS.

Part 2. 2. Are you applying for adjustment based on the Immigration and Nationality Act INA section 245i?

Assuming thats a No, for K1 Visa?

Part 3: 1. Have you ever applied for an immigrant visa to obtain permanent resident status at a US Embassy or Consulate Abroad?

Does our K1 visa application count? Or do I answer no?

Part 3: Did you write the addresses of old residences and employer in Spanish or English, how they would appear in Cuba or us?

For residences and employment there are two sections - the first two questions ask for most recent, then the next two ask for most recent residences/employment out of US, should we just follow in chronological order? For instance, my husbands current address is in New York, US, and his previous was in Havana, Cuba. Do these need to be listed in the separate sections, or consecutively?

Part 8:  1. Have you ever been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party,  club, society, or similar group in the US or any other location in the world including any military service?

My husband spent 9 months doing the obligatory Cuban military service, in a general position. Would we have to mark YES for this question? And it has implications for the following questions:

 

49. Have you EVER received any type of military, paramilitary, or weapons training?

We are hesitant to answer yes because he truly did the most basic form of general military service. Thoughts?

 

55. Have you EVER served in, been a member of, assisted, or participated in any military unit, paramilitary unit, police unit, self defense unit...etc?

Would we answer yes to this since he was technically in the military?

1. Either "K" is fine, or write in the "1" or whole entry as desired. The I-485 is reviewed by hand so as long as they can read it, it's fine.
2. K Visa Holder
3. No....245(i) is a very limited case that almost nobody qualifies for anymore (you have to had been in the US as of almost 2 decades ago now).
4. My wife answered "No" as a K-1 is not an immigrant visa.
5. My wife used English, but I'll defer on if this is what most people do or not.
6. My wife put her 2 most recent physical addresses for #5-8, then the other addresses she lived at for at least 1 year or longer, per the instructions. It says ""if not already listed above", so we didn't list the address we named in #7-8.
7. Yes.
8. Yes. Better to disclose it and explain it if asked than to not disclose it and think you're hiding it. Read the questions literally and answer them honestly and completely.
9. Yes.

Edited November 12, 2017 by geowrian