AOS from K1 Help Guide

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Old Oct 25th 2009, 10:59 am
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Post AOS from K1 Help Guide

Im writing this guide with the hope it helps other K1 applicants with their AOS application when applying for Permenant Resident Status (Green Card).

This is how I did it, and some people may vary on certain things, but this is what worked for me.

I hope this guide can make it as straight foward and simple as can be, so i'll provide links to the forms you need, and other useful things, along with a list of items you need to consider gathering to send with your application.

If I miss anything out please post it , if a mod could sticky this or something if they think it'd be a good idea please do! The easier the access to this hopefully the more people will read it before asking questions!

Regards,

PepsiChic
x
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Adjustment Of Status Help Guide


AOS = Adjustment Of Status
PR = Permenant Resident
GC = Green Card
AP = Advance Paraole
EAD = Employment Authorisation Document
SSN = Social Security Number
USC = United States Citizen
UKC = United Kingdom Citizen
NOA = Notice Of Action (Reciepts)

Congratulations on getting your K1 visa!
Unfortunatly the fun doesnt stop there! Once you have entered the USA within 6 months of obtaining your K1 visa, and have married within 90 days of entry, you need to send off your AOS application. You will not get a letter telling you when or how to do this. However you need to do it after your married and before your 90 days is up. A few things you'll want to keep hold of is: your I-797 approval notice from your I-129F (your USC should of had this), your Vaccination Worksheet from your medical at Knightsbridge, and the I-94 (white form) you fill out on the plane when you fly over to the USA.


Social Security Number
One thing you may want to do, is apply for your SSN. It is recommended you do this after about 10-15 days of arrival within the USA, (upto 74 days of being in the country otherwise you have to wait till you have your EAD or GC) this allows time for you to be put on the system and have a card to be assigned to you. If you decide to get your SSN at this point it will have writen on it "Authorised with work document only" (or something to that extent), this means you can only use it alongside your EAD. Once you have your GC you need to go back to the Social Security Office local to you and get a new card which doesnt say that. If instead you wish to wait to get your SSN, and dont plan on trying to work before then, you can apply for it when you have your GC.

Social Security Form SS-5
Social Security for Noncitizens Info


Now for the actual AOS part! This is a list of forms, and supporting documents I came up with for an AOS package. I have provided links to each forms. To view the forms you made need Adobe PDF reader.
Download Adobe Reader

Here is some information on filling out the forms for your AOS application:
*Most of these forms can be filled in on your computer, some may not save and so need to be printed when filled out.

*Your A# is either the red or black number on your K1 visa in your passport.
If you dont have your SSN yet draw a line through it.

*If you come across a question such as "How many Children have accompanied you" and you have none, you write NONE. For questions that arent applicable to you you write N/A. Or you may draw a line through them.

*If you wish your Green Card/EAD/AP/SSN to come in your married name use this on the forms when it asks for your Surname/Last Name.

*KEEP A COPY OF EVERYTHING YOU SEND TO THE USCIS (if it gets lost, or you are asked to go for an interview you will need all these documents again!)

I-485 Applicant for Permenant Resident
I-485 Form
I-485 Instructions
This form needs the following documents to go with it:
>*G325a Note: this form used to be 4 pages long, some people continue to send in 4 pages stapled together - I did, they were fine with it)
>*I-94 (I sent original - If you do this, make a photocopy for yourself to keep as records)
>*I-797 (approval notice from I-129F)
>*2 photos - US passport Sized
>*copy of visa
>*copy of all passport pages
>*copy of birth certificate (long form - Order Here: http://www.gro.gov.uk/gro/content/certificates/)
>*Evidence of On-Going relationship (read further down for list of evidence)
>*I-693 (Vaccine Supplement)
I-693 Instructions
USCIS Doctors Locater
Note: K Visa's: If you were admitted to the United States as a fiance(e) (K-1), child of a fiance(e) (K-2), Spouse of a U.S. citizen (K-3), or child of K-3 (K-4), and received a medical examination prior to admission, then you do not require another medical examination as long as your application for adjustment of status (Form I-485) is filed within one year of your overseas medical examination. You will, however, be required to submit a vaccination supplement with our adjustment of status application. The vaccination supplement must be completed by a designated civil surgeon.

You must book an appointment with a USCIS approved doctor in your area, and take with you the fee they charge (they seem to prefer cash), ID, and your Vaccine Worksheet from your medical examination at Knightsbridge. The USCIS doctor will fill out the appropriate parts of the I-693 and any vaccines you may still need. S/he will give you the stamped and signed form in a sealed envelope. You must NOT open this envelope. This is to be sent with your I-485 application.

Call around the USCIS doctors in your area, make sure they understand you dont need a FULL medical, only the supplement. This may mean you dont get charged a huge amount of money.

>*I-864 (Affidavit Of Support)
>* I-864P (Poverty Guidelines 2009) - Unless sponsor is in the military follow guidlines for 125% list.
>*USC Birth certificate/photo ID.
>*Letter From Bank (date accounts were opened, current balance, total amount deposited in the last 12 months)
>*4-6 months worth bank statements
>*Employment Letter (stating date started, pay, hours etc, needs to be signed and dated by manager)
>*4-6 months worth pay slips
>*tax return transcripts for last 3 years
Get free copies of Tax Return Transcripts
http://www.irs.gov/individuals/article/0,,id=110571,00.html


I-864 NOTES:
*Your USC husband/wife MUST fill out an I-864 to be sent with the AOS, send supporting documents too, even if he/she doesnt meet the poverty guideline.
*If your husband/wife doesnt meet the guideline you must find a sponsor, a USC who is over 18.
*Household numbers for the poverty guideline are, anyone living in the house of the person who is sponsoring, AND any dependants listed on his or her Tax Returns as dependants.
*If Self-Employed: personal income is calculated by doing this: Total Business Income per year minus Business Expenses (claimed as deductions on his tax return) equals his personal income. (Example:$30,000 income from the business, minus $20,000 in business expenses. Personal income (profit) would only be $10,000.) Proof of income would be contracts with jobs done, reciepts, bank statements. Letter from people worked for etc.

Evidence of relationship:
>*copy of marriage license
>*wedding photos
>*wedding cards
>*letters from family/friends
>*joint bank accounts
>*joint phone plan
>*joint car insurance
>*house bills
etc

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Employment Authorisation and Advance Parole.


Both EAD and AP are temporary documents to be used UNTIL you have your GC. EAD allows you to get a job and work (If you apply for SSN). When filling out form I-131, Application for Travel, you need to fill out the part for Advance Parole, multiple entries preferably. AP allows you to leave the country and enter safely until you have your GC. Once you have your GC you use that to both work and travel. DO NOT TRAVEL OUTSIDE OF THE USA WITHOUT AP OR GC!

*On form I-131, Fills out Part1. Part 2, Part 3 - Processing Information, I left both: 1. Intended Departure and 2. Expected Lenght Of Trip blank. Make sure you fill out No.3 though! Then as it says, skip to Part 7. Advance Parole.


*I-765 (EAD)
I-765 Instructions
>*2 photos
>*copy of I-94

*I-131 (Application for Travel - Advance Parole)
I-131 Instructions
>*copy of proof of identity
>*copy of visa page
>*copy of I-94
>*copy of signed I-485
>*2 photos

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Fee's and How to File


The Filing fee for the AOS application can be found here:
http://www.uscis.gov/portal/site/uscis or in the instructions for the form.
*As of this date 24th October 2009, the filing fee is $930
*The biometrics fee is $80.
*There is no fee for the EAD or AP when filing them with your AOS application.

I found the easiest way to send these documents were to use large paperclips to hold together the form I-485 with supporting documents, the same with the I-864 with supporting documents and then got a large bulldog clip to put the I-864 and documents with the I-485 and documents.

I used a sperate paperclip to put the I-131 with its supporting documents, and another for the form I-765 and supporting documents. I did not attach these to the I-485 application.

I made a contents sheet for each form, listing the supporting documents I had attached with it, and my A# and full name, this I put at the front of each form.

You must submit one check or money order for the total of the filing fee and biometrics fee. Currently the full amount is $1010. You can find the filling fee information, and filing address on the I-485 instructions, pages 5 onwards.
I-485 Instructions

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What Next? (NOA's and Biometrics)


AOS processing times vary from 2 months to a year. So be patient!

Once your application is submitted you will get a NOA recepit for the AOS, EAD and AP.
These are to let you know they have recieved your forms and are processing them.

The next thing you will get is an appoinments letter for your Biometrics. They will have an address of a place as local to you as they can get, a date and time for you to be there.

You will need to take the biometrics appointment letter and photo ID to your appointment. You will be asked to fill out a form on arrival. The form data will be entered into a computer, you will have your photograph taken, and your fingerprints taken. The biometrics wil be used for both form I-485 (AOS) AND I-765 (EAD).

You will then hopefully recieve your EAD and AP.

You may or may not be asked to go for an interview for your AOS application, you can read more about AOS interviews by searching the forums.
One example of an AOS interview from pattschn

Note that all couples, and applications vary and so the interview wont be exact to this one. This is just an example of how it might go.

Whether you go for an itnerview or not, you will be notified by mail if you have been approved or not, If you have you will recieve your greencard in the post 30-60 days (times may vary due to post/weather/processing times etc.

If you are not approved I recommend seeking help from an Immigration Lawyer who can help you appeal the decision if necessary.


Good Luck to everyone on your AOS application!

Last edited by PepsiChic; Oct 25th 2009 at 11:04 am.
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Old Oct 25th 2009, 5:09 pm
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Default Re: AOS from K1 Help Guide

Whoa, that will keep us busy!
Based on volume alone, amazing!!!

It looks like it could make a good wiki entry & should probably be organized & kept there.

Request for peer review from AOSers and for someone who can do the wiki entry.
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Old Oct 25th 2009, 10:46 pm
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Default Re: AOS from K1 Help Guide

Originally Posted by meauxna
Whoa, that will keep us busy!
Based on volume alone, amazing!!!

It looks like it could make a good wiki entry & should probably be organized & kept there.

Request for peer review from AOSers and for someone who can do the wiki entry.
Thanks meauxna

I tried to put as much of the little details as I could remember and think of that people might ask about.

I started writing this at about 4am and finished sometime close to 6am lol

Just wanted to give something back to the place thats helped me with so much!

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Old Oct 25th 2009, 11:13 pm
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Default Re: AOS from K1 Help Guide

Great article PepsiChic, thanks

That's gone straight into my favourites
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Old Oct 28th 2009, 3:46 pm
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Default Re: AOS from K1 Help Guide

Great info there, thanks! Saving that to bookmarks...!
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Old Oct 30th 2009, 9:00 pm
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Yep and into mine too. Thanks so much for putting this together.
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Old Oct 30th 2009, 9:23 pm
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no problem, if you have anything to add or ask go ahead
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Old Nov 4th 2009, 5:36 pm
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Default Re: AOS from K1 Help Guide

Wow, what an amazing post we're in the middle of filling out my AOS forms, and this post helps so much.... so thank you for taking the time posting all the info

One question tho, do we send in my wifes (USC) actual Birth Certificate, or just a photocopy of it?
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Old Nov 4th 2009, 5:43 pm
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Default Re: AOS from K1 Help Guide

Originally Posted by Craig73
Wow, what an amazing post we're in the middle of filling out my AOS forms, and this post helps so much.... so thank you for taking the time posting all the info

One question tho, do we send in my wifes (USC) actual Birth Certificate, or just a photocopy of it?
Always send photocopies of important documents and backup info. Bring the original to the AOS interview.

Rene
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Old Nov 4th 2009, 6:14 pm
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Default Re: AOS from K1 Help Guide

Originally Posted by Noorah101
Always send photocopies of important documents and backup info. Bring the original to the AOS interview.

Rene
Thank you
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Old Nov 4th 2009, 9:31 pm
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Default Re: AOS from K1 Help Guide

Originally Posted by Craig73
Wow, what an amazing post we're in the middle of filling out my AOS forms, and this post helps so much.... so thank you for taking the time posting all the info

One question tho, do we send in my wifes (USC) actual Birth Certificate, or just a photocopy of it?
Im glad you like the help guide, the whole process isnt *too* bad once its broke down into easy to understand sections, and if there isnt too many complications.

As Rene said, send copies of things like birth certificates, marriage certs etc, keep the original for yourself. ALSO make a copy of the entire AOS package for future reference and incase you get asked to attend an interview.

good luck and keep us posted on how its going

Kirsty
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Old Nov 4th 2009, 11:01 pm
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Default Re: AOS from K1 Help Guide

Originally Posted by PepsiChic
Im glad you like the help guide, the whole process isnt *too* bad once its broke down into easy to understand sections, and if there isnt too many complications.

As Rene said, send copies of things like birth certificates, marriage certs etc, keep the original for yourself. ALSO make a copy of the entire AOS package for future reference and incase you get asked to attend an interview.

good luck and keep us posted on how its going

Kirsty
Thank you, I'll def keep you guys updated
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Old Feb 12th 2010, 9:09 pm
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Default Re: AOS from K1 Help Guide

Hi, What a brilliant guide to this part of the process. I am just wondering whether we can complete these final parts without the use of a lawyer who acted for us to complete K1 part. To date that part has cost almost $10K. which many have thought pricey.

So, following your guide with an immediate start upon arrival in the USA, for SSN etc, if all went smoothly what sort of time frame would you imagine to completion, approx,please?

What is the total cost, give or take in $$$

AP - I realise no travel outside USA until it is issued - once granted are you more or less free to travel at will ie vacations to UK/Europe/cruising.

I have a side issue whereby my passport expires in January 2011, I realise it way of now but with this process taking time, I have a fear that the 6 month rule for entry into other countries might be a problem IF its not sorted quickly..

Being a PR would I have to apply to UK Emabssy in USA for renewal or could I return to UK and get it done there... sorry if its a bit of a dogs dinner and I may have overlapped other threads. Any help appreciated.

Sincerely JJ Madison

Last edited by Noorah101; Feb 12th 2010 at 9:16 pm. Reason: removed long quote
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Old Feb 12th 2010, 9:22 pm
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Default Re: AOS from K1 Help Guide

Originally Posted by jjmadison
I am just wondering whether we can complete these final parts without the use of a lawyer who acted for us to complete K1 part. To date that part has cost almost $10K. which many have thought pricey.
I agree, that was pricey. You do not need to retain a lawyer for your AOS, if you feel confident you can complete it on your own. We did not use a lawyer, and we did fine.

So, following your guide with an immediate start upon arrival in the USA, for SSN etc, if all went smoothly what sort of time frame would you imagine to completion, approx,please?
AOS cases have been going at lightning speed lately...as fast as 3 months, sometimes! Plan on around 6 months, give or take, just in case.

What is the total cost, give or take in $$$
$1,010 plus whatever the civil surgeon charges for doing the vaccination transcription thingy. Plus incidentals such as photocopies, photos, and such.

I have a side issue whereby my passport expires in January 2011, I realise it way of now but with this process taking time, I have a fear that the 6 month rule for entry into other countries might be a problem IF its not sorted quickly..
Your passport issue is independent of your AOS issue. Even if you get your green card within 3 months, you'll still need to get your passport renewed whenever it's supposed to be renewed.

Being a PR would I have to apply to UK Emabssy in USA for renewal or could I return to UK and get it done there...
Being a PR has no bearing on it. You can do either one at any time. I've heard it's a lot easier to do back home.

Rene
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Old Feb 13th 2010, 1:24 am
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Default Re: AOS from K1 Help Guide

Hi there!

This guide actually got made into a Wiki entry which you can find here:
AOS from K1 help guide

some wording got changed and a few things added in so have a read of that incase theres anything extra that should help you!

10K is a LOT for a lawyer to get you a visa, did you use a visa company or actually use an immigration lawyer? I used a visa company and paid about $2000 (but ended up doing it myself). I learnt the hard way that you must avoid visa companies!!

SSN - I waited till i had my green card for this, mainly because I wasnt in the system the first time i asked (you want to wait 10-15 days after you arrive before you apply for a SSN) and then i figured once I had my greencard you need to go back and get it updated, with lack of jobs and plenty of wedding stuff to sort out I waited till I got my greencard. Its upto you which way you do this, whatever works out easiest!

If all goes smoothly then upto 6 months but many people are getting the process completed in 3 currently. My timeline for AOS was this:

Aug 24th 2009 – Green Card, Work permit and travel permit applications submitted (AOS package)
Aug 31st 2009 – NOA’s Recived (submission)
Sept 11th 2009 – Biometrics Letter Recieved
Sept 24th 2009 – I-485 application transfered to California Service Center (CSC)
Sept 29th 2009 – Biometrics Appointment
Sept 30th 2009 – Work permit (EAD) and Advance Parole (AP) approved
Oct 5th 2009 – AP arrived
Oct 8th 2009 – EAD arrived
Oct 23rd 2009 – AOS approved, Green Card ordered
Nov 2nd 2009 – Green Card Arrives
It took me just over 2 months to get my Green card, remember once you have your green card, your EAD and AP arent used anymore - they are just stand-ins while you wait on green card.

Total cost for filing is $1010 and that includes the I-485 fee and biometrics fee, this can be paid for together on one cheque amounting to $1010. There is no fee if you choose to file the EAD and AP with your I-485. Other then that you'll need to pay a civil surgeon to get your vaccines transcribed onto the form I-693, I paid $50 for mine, someone recently paid $90 I think - it varies by doctor, so call around the doctors on the civil surgeon list. You can go get this done as soon as you've arrived. You may find they tell you to have a full medical, take with you print outs of the instructions for the form while clearly states that a K1 visa applicant DOES NOT need a full medical again, just a vaccine transcribe.

AP - once you have it yes your free to travel as you wish (you need your passport too like normal) however rule of thumb is spend more time inside the USA then outside the USA. and be prepared that if your AOS case is processed quickly, you *may* need to go for an interview, so make sure your around for that!

Like the previous post has already said, passport issues are a seperate thing from immigration really, When your passport expires you'll either have to get it renewed at the pasport office in Washington (I think thats where it is) or if your going to be in the UK before it expires Id recommend getting it renewed then. I dont think you have to wait for the passport to be expired/nearly expired to renew it. So if you go back in say october, go ahead and get it renewed.

Good luck if you have any questions or need help feel free to create your own AOS thread and track your progress so that others can see your timeline too!

Pepsi
xxx
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