Jana

Can someone supply me with a site or two detailing the steps and things needed to adjust status? I need to determine how much time after our wedding I will need to save for filing. I have had my blinders on with this K1 process. Can someone point me to good websites so I can begin educating myself on the next steps?

Thanks!

Jana

OK...how bout just what forms and fees I will need? Anything? Come on, I know there are many of you have done this. Where did you start?

meauxna

Have you checked in Rete's opening post on BE? Pretty much all the links are listed in there, from K1 to beyond.

Jana

I see a bunch of AOS interview experiences but I flipped through those for AOS and didnt see any real details...maybe I am just a moron and am not seeing it.

Caro

Here is what we filed. I was adjusting from a J1 (therefore had to do the I-130 which you will not have to file)

http://britishexpats.com/forum/showt...hreadid=104189

Caroline

Rete

Jana

It is part and parcel of the K1 FAQ ... it takes you from the I-129F through removal of conditions.

You don't need the AOS Experiences but the "Adjustment of Status Applications". The link is on the mysterious brown envelope. http://www.kamya.com/aos/


Rete

Jana

Thanks Rete! One more question. Do you request these forms from your local INS office? For example, call the Atlanta office and say hey send me the stuff for AOS or do I get them when Marc gets his K-1 or do I just find them all and download them off the web?

Jana

katnap8

Hi,

you can download them, but I believe it's recommended that you request them from BCIS. It takes about 10 days for them to arrive. The good thing about requesting them is that they include info that is pertinent to your individual office.

Looking back now I should have requested them myself.

Anyway....good luck and happy filing

Cheers,

Kat and Chris

Shaun Su

"Jana" wrote in message
news:[email protected]...
    > Can someone supply me with a site or two detailing the steps and things
    > needed to adjust status? I need to determine how much time after our
Section 6.0....AFTER MARRIAGE - ADJUSTMENT OF STATUS

FAQ Note- Beginning in mid 1999, K1 folks who submitted the AOS application
packages IN PERSON at the Detroit and Dallas offices had adjustment
interviews the same day, and were given the I-551 stamp in the passport.
According to one newsgrouper, the BCIS (INS) adjudicator said it was being
done as a test for AOS based on being a K1. (This also meant those lucky
folks did not have to spend dollars on applications for work authorization
and advance parole).
HOWEVER, a newsgroup poster received a copy of an BCIS (INS) letter
regarding the Dallas office, wherein it was stated that K1/K2 walk-ins would
no longer be accepted as of March 1, 2002. The applications would have to be
mailed in, but they would be expedited. The letter further requests "To
better assist us in expediting the applications, it would be helpful if the
applications were mailed in with a pink cover sheet that clearly indicates
the application as an I-485 Adjustment of Status K-1 Fiance(e)".
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6.1)...How soon after we get married should we apply for Adjustment of
Status?
A..Right away, or at least right after your honeymoon. You should make every
effort to get the Adjustment application filed within 90 days of the
fiance(e) entering the United States, which is when the K1 visa expires.
Filing for Adjustment of Status within the 90 days protects your legal
status. Your legal status as a K1 expires after 90 days, married or not. The
only way to protect your legal status is to apply for Adjustment of Status,
and the only way to maintain continuous legal status is to file for AOS
before the K1 visa expires.
On the practical side, it is often difficult to arrange for the marriage,
and get all the paperwork ready in time to file for AOS within 90 days. Many
newsgroup couples have filed for AOS a few days or weeks after the 90 day
limit with no problems. Thus far, newsgroup experience has shown this is not
a major issue with local BCIS (INS) offices.
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6.1.1)....(newsgroup)..When we file for adjustment of status, what do we
need to do about the child's K2 status? Are we required to file the
adjustment for him too and pay the fees for each application?
A..You will file an application for Adjustment of Status for the child as
well. Prepare the application the same way (as a separate pile of paper),
but mail them together. Also send a separate I-765 application for work
authorization if the child is old enough to seek employment. You will pay
fees for each application.

In August, 2002, the "Child Protection Act" was signed into law by President
Bush. What the act does is remove the "age out" limitation, so if the AOS
application is accepted prior to the childs 21st birthday, the child can
still AOS even after they turn 21. Before this, the newsgroup experienced a
handful of cases where extreme measures had to be taken by a family to get
the childs' case adjudicated before the child turned 21.
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6.2)...What forms and other items are required for Adjustment of Status?

a.. I-485 Application To Register Permanent Residence or Adjust Status
b.. I-765 Application for Employment Authorization. You will apply as
category (c)(9), "adjustment applicant".
c.. I-864 Affidavit of Support
d.. G-325A Biographic Information
e.. IRS Form 9003 - (No longer required per BCIS (INS) Memo of Sept 21,
2001)
f.. WR-702, WR-703 or I-468 - Data Collection for Alien Documentation,
Identification & Telecommunications System (ADIT). (If you don't get one of
these forms in your package, don't worry about it. These are "office
specific" forms which may not be used at your local office)
g.. A copy of form I-94, Nonimmigrant Arrival Departure Record (this was
put in your passport when you arrived)
h.. I-131 Application For Travel Document (for traveling outside the US
during the application period, known as "advance parole")(also see question
6.7)
i.. A copy of the marriage certificate
j.. A copy of your birth certificate. (bring an extra when you move, or
two or three if you can). You need a translated copy if it is not in
English.
k.. A copy of the fiance(e) petition approval notice (I-797 Notice of
Action)
l.. 2 photos - the 3/4 face view - like you have done before, but more may
required, depending on the requirements of the local office.

As with the fiance(e) visa package, the "best" way to get these forms is via
the BCIS (INS) toll free number (given in the references section) or by
ordering on-line via the BCIS (INS) site on the internet. You will receive
helpful information about filing at your particular local BCIS (INS) office
if you obtain your forms this way. You should also recieve the latest
versions of the forms in case there has been a recent update. Request the
"I-485 package" or the "adjustment of status package" And sending "copies"
of documents is ok (go back and read question 3.2.1)
Because policies and procedures at BCIS (INS) vary from office to office, it
is worth the effort to contact your local office by phone, mail, or in
person to inform yourself of specific filing requirements prior to filing.
Ask questions such as:
a.. Are personal checks accepted?
b.. Are separate checks or money orders required for each application (AP,
EAD, I-485)
c.. Can you file for Advance Parole at the same time, or must you wait
until the I-485 is accepted?
d.. Will fingerprinting be required for the AOS application? (Not all
offices require this for K1/K2 Adjustment applications, and even if they do,
you may not be required to pay the fingerprinting fee)
e.. Can you file in person? If so, what days and times are these accepted?
By reading the newsgroup, you can get an idea of what things you need to
know.
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6.2.1)...(newsgroup)...I-485 - Adjustment of status.... I am asked for my
Nonimmigrant visa number, is this the one under the control number or is it
the one at the bottom of the visa ??
A..(newsgroup)...On the adjustment of status forms, there is a box for the
visa number. This is the red number printed on the K-1, not the visa control
number. I know this because the interviewer went over the forms in front of
us, and crossed out what I wrote in there (the visa control number) and
replaced it with the red number.(Note: this is on the lower right side,
under the "expiry date". It is not the long number written along the bottom
edge of the visa.)
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6.2.2)....Will I need to take another medical exam since the medical report
is only good for one year??
A...In most cases, no. The results of your K1/K2 medical were in the "sealed
envelope" that you brought with you from your home country. The I-485
intructions mention that no additional medical is required if filing for AOS
within a year of the medical required to obtain the K1/K2. And...according
to a newsgroup posting...."Went up to the local BCIS (INS) office in Omaha
today and they told me that the letter saying "Adjustment of Status / I130
Interview" is just a form letter they send out whether you've applied under
a I485 OR a I130.... They also told me that, despite what the letter says, I
do NOT need to get another medical done even though its been more than 12
months since my K1 medical at the London Embassy."
FAQ Note: The current I-485 instructions now mention a "vaccination
supplement". You will need to make an appointment with an BCIS (INS)
approved physician in your area to obtain this paperwork and/or additional
vaccinations. In any case, your local BCIS (INS) office will inform you of
specific requirements at some point in your Adjustment process.
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6.2.3)...How can we file for Adjustment of Status "immediately" if we have
to wait several weeks or more to get a certified copy of the marriage
certificate?
A..(newsgroup)...Make sure to ask the priest/rabbi/judge who marries you to
let *you* take the marriage certificate to the recorder's office yourself
(You have to do this within 4 days of the marriage). Then, you can get
certified copies right then and there while you wait. Otherwise the
priest/rabbi/judge *mails* it to the recorder's office, where it sits for
weeks without being opened and recorded, which is why it can take up to two
months to get a certified copy of the marriage certificate.
(FAQ Note: This is a great idea, but not all folks will be able to do this.
As one emailer wrote "A quick note on an experience we had here in Los
Angeles. We were married at the Office of the Registrar-Recorder/County
Clerk by a court commissioner. The ceremony was great, but afterwards I
discovered that they are unable to issue the marriage certificate then and
there. It takes at least a few weeks for the certificate to be generated,
copies generated, and then sent out to those married."
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6.3)...So where do we send the Adjustment of Status application package?
A..This depends on where you are. In a few locations, you may still be able
to take these applications to a local office in person, and maybe even be
processed for the EAD while you are there. However, you probably will have
to submit by mail, to a local or district BCIS (INS) office. Send it "return
receipt". Many district and local offices will not send you any kind of
"official" receipt notification. It is much more common to get a form letter
and a "cash register" receipt for the fees you have paid, and this could be
up to 10 weeks after you send in the package. DON'T LOSE THESE RECEIPTS. In
fact, the cash register receipt may well have your name printed on it. It is
your proof that your I-485 has been filed.
It is worth the effort to try and file these forms in person, even if your
local BCIS (INS) office has a mail-only policy. It can make a great
difference in processing times for EAD and advance parole documents. And as
mentioned previously, it is worthwhile to contact your local BCIS (INS)
office prior to filing in order to learn about specific requirements.
FAQ Note: In early 2000, reports were coming into the newsgroup that folks
who would file for AOS thru the Baltimore offiice were being required to
submit the AOS package to the Vermont Service Center, as part of a test
program.
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6.3.1)...I read somewhere that October 1st is a bad day to go visit an BCIS
(INS) office. Why?
A..(newsgroup)..NEVER, EVER GO TO AN BCIS (INS) OFFICE ON OCTOBER 1st!!!!!
Why? It's the first day of the new fiscal year and all those folks who've
won in the various visa lotteries are there!

A..(newsgroup)..Here's how it works. If you win (the lottery) and you are in
the US and choose to adjust status you do this through your local office by
applying on October 1st or later (obviously one year later than you
originally applied for the lottery). Note that it doesn't take much to swamp
the local BCIS (INS) offices - when I filed at Arlington there were just 11
other AOS applications ahead of us in line and we didn't get seen until
12.45!

Note: The "October 1st" effect will depend on the location of the local
office and the makeup of its immigrant population. This extra activity only
lasts a few days.
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6.4)...I thought we were also supposed to submit fingerprints as well?
A..Fingerprints are still required for nearly every K1/K2, but there seems
to be no way to tell in advance who will *not* require them. The BCIS (INS)
will notify you when and where to go for the fingerprinting procedure. The
"old system" suffered from poor quality control, and many fingerprint sets
were being rejected by the FBI on the basis of technical errors. There is a
fingerprinting fee which must be submitted with the I-485 application. You
may wait months for the notification.
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6.5)...Why is the FBI looking at my fingerprints?
A..Standard procedure. The US doesn't want people with seriously undesirable
backgrounds to become Permanent Residents.
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6.6)...Why is the I-864 Affidavit of Support now used for the Adjustment of
Status application when we used the I-134 Affidavit for the Fiance(e)
petition?
A..This legally enforceable affidavit is a result of immigration reform
legislation. Now that the foreign national spouse has indicated an intention
to remain here permanently, the US wants to make sure the new immigrant does
not become a burden on society. The financial responsibility for this
guarantee lies on those who sign the I-864 affidavit, and lasts until the
sponsored immigrant becomes a naturalized US citizen or can be credited for
40 quarters of work. Whoever signs the affidavit must also inform the BCIS
(INS) when they move, using form I-865, Sponsors Change of Address, after
the immigrant gets approval of Adjustment of Status.
If you do not meet the guidelines for income level (125% of poverty
level...see the Poverty Level link in the references section) you will need
a joint sponsor who does meet the guidelines. The US Citizen spouse must
submit an I-864, and the joint sponsor will also submit an I-864. If the
joint sponsor is a member of your household, they will submit an I-864a
"Contract Between Sponsor and Household Member". Any joint sponsors must be
domiciled in the United States, territories or possessions, and must be a
Citizen or Permanent Resident.
It is worth nothing that some local BCIS (INS) offices will accept an
incomplete affidavit of support with the initial AOS package, but will
require the completed affidavit at the AOS interview. The only way to know
is to contact the local office and ask.
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6.7)...Can my spouse leave the United States, and then re-enter, before
receiving the Green Card (conditional permanent residency)?
A...The spouse cannot re-enter the US unless they have "advance parole"
authorization (application form I-131). Advance parole allows you to
re-enter the US before approval of Adjustment of Status. Without advance
parole approval, leaving the United States is considered an abandonment of
your application for Adjustment of Status. Without advance parole approval,
the BCIS (INS) will consider you an intending immigrant without a valid
visa, and you will be denied entry. If you do not apply for advance parole
when you file for Adjustment of Status, contact your local BCIS (INS) office
to find out how long it takes them to issue Advance Parole. Altho advance
parole is supposed to be issued to anyone who wants it for any reason at
all, some local BCIS (INS) offices may take weeks or months, and may require
proof of a serious emergency.
If you have left the US without advance parole approval, you will most
likely have to apply for a "spousal visa" (I-130 Petition for Alien
Relative) to re-enter the US. This can take months. Any other legal remedies
thru US Consulates will be time-consuming as well.
Not all local BCIS (INS) offices will accept the I-131 advance parole
application with an adjustment of status package, as some will require that
you have proof of filing the I-485 when you send in the I-131. Also, a local
BCIS (INS) office may require that you apply for advance parole "in person"
(Chicago, for example). Ask your local BCIS (INS) or the newsgroup regarding
specific advance parole filing requirements and supporting documents
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6.7.1)...(newsgroup)...Well, my wife received her advance parole documents
today. I had thought maybe we would receive some instruction on how to use
them properly from BCIS (INS), but no such luck. She got three sheets; one
original with picture attached, one copy with picture attached and one copy
with no picture attached.
A...(newsgroup)...When your spouse leaves the USA, she should have all three
copies (of the advance parole document) and her passport. The first time
your spouse re-enters the USA, the POE will forward one of the copies of
your letter to the office or service center you applied for AP from. You
should receive the copies labelled TO TRANSPORTATION LINE and TO ALIEN back.
If you enter the U.S. on some carriers, it's possible that the
"transportation line" copy may be lifted from you. (FAQ Note: another poster
mentioned on Aug 17, 2000 after returning from the UK "The airline (US
Airways) didn't want the "To transportation line" and the INS guy left it
too so I now have the top copy with the photo and a "To transportation line"
should anyone want it in future.")
The BCIS (INS) at the POE should also place a stamp in her passport like
this:


PAROLED until:
Purpose:

Port: Date: Officer:

The port is the POE, the Date and Officer are obvious. The "paroled until"
should indicate the expiry of your AP document (the letter). The "Purpose"
may be one of either "Adjustment of Status" or "Humanitarian"...there seems
to be some confusion about which one is "correct" but both seem to work.
They may also place an identical stamp on your I-94 (which is normally
stapled to your passport).
Once you've been through the initial entry and assuming your AP document
permits "multiple entries", you need only show the passport stamp and letter
each time you re-enter the U.S..
(FAQ Note: The advance parole documents are issued on Form I-512, a U.S.
Department of Justice, Immigration and Naturalization Service form. Not all
advance parole documents are prepared exactly the same, some are two pages,
not three. POE procedures will vary when using the AP. Don't worry. Like the
newsgrouper who gave this FAQ answer noted, "Relax about the form...let them
worry about it. If they hassle you, remind them that you were trusting the
INS office that issued it to get it right...politely, of course."
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6.8 and 6.9)...(These items deleted...see section 7.0)

6.10)...We never received the 90 day work authorization, and we could not
take the I-765 to a local office. When do we finally get the EAD?
A..Most EAD applications are processed between 30 and 90 days after the BCIS
(INS) gets the application. You will get an official "appear for an
interview" letter from the BCIS (INS). Bring that letter and show up on time
and you will get the EAD. It isn't really an interview, but you must go in
person. They will take your photo and a fingerprint, and give you the EAD,
which is a small laminated card. The EAD is good for a year. If it looks
like you are going to have to wait more than a year for the Adjustment of
Status interview, then apply for a new EAD "well in advance" (say, 3 months)
of the expiration date. You cannot legally work without it.
(FAQ Note: If your employer wants to get involved, you can ask them to write
a letter saying it would hurt their business if they had to lay you off, or
not hire you, due to your not having work authorization. You can attach this
to a letter addressed to the District Director requesting expedited
processing. The newsgroup has reported at least two successes with this.)
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