andrewmassey

hi everyone,

I am a british citizen and my wife a US citizen. I entered the USA on a K1 visa and married within the 90 days required. now the 90 days is over i would like to file i-485 and eventually an EAD. During the past two weeks we have had trouble with my wife's federal income tax return, now everything is sort as I am going to file for a ITIN number with IRS. This will be a temp number i can use just for taxe purposes only. The trouble being i dont have a SSN yet until I have filed my EAD. My IRS ITIN number will be invalid once I get my SSN. We called up IRS to make sure this was okay.
Now on form I-485 it asks for my visa number, what would that be on my K1 visa? Is it the red number, the only numbers on my K1 visa is control number, A# and the red number, is the visa number like a cheque book having unique digits.
Also with the filing fee what would i write a cheque to the amount of? I am filing it with my local office here in portland (Maine). Would I also file I-130 and do I pay an additional fee for this form ontop of the fee for I-485. Another question on form I-485 it asks for my current INS status. Would I put married on K1? What answer are INS looking for? Also it asks for an expire date, is that the k1 visa expire date or is it the I-94 expire date. I just want to make sure its correct before I send it away. Finally, i still have some ADIT photos from my K1 petition months ago, it asks for photos within the past 30 days, i havent changed in appearance very much so would they be still okay? What if the photos were 31 days old? lol.... I know what INS are trying to do, but how strict are they on the matter? On the back of the photo it needs my alien reg number is that the 8 digit A# on my K1 visa?
I would be very thankful of any help given in this subject. This forum has been a big help to me in the past, especially with my K1 petition. I hope to hear from you soon.

Andrew Massey
(A Brit in Maine)

MarDae

Now on form I-485 it asks for my visa number, what would that be on my K1 visa? Is it the red number,

YES

Also with the filing fee what would i write a cheque to the amount of?

Check forms and fees page on the www.uscis.gov website for the most up to date fees...you'll need to pay for AOS (I-485 fee $255 as of today) and fingerprinting fee ($50 as of today) AP is currently $110 and EAD is $120.

I am filing it with my local office here in portland (Maine). Would I also file I-130 and do I pay an additional fee for this form ontop of the fee for I-485.

You do not have to file the I-130 since you came in on a K-1. I think it mentions special instructions for fiance visa recipients in the I-485 instructions. We filed today and they did ask for an ADIT picture of me (USC) and a photocopy of the biographical information page of my husbands passport (I couldn't find either of these asked for in the I-485 instructions...I'm thinking they might be things required in the I-130 but I don't know since we didn't need to file it I never looked at it).

Another question on form I-485 it asks for my current INS status.

We put "K-1 fiance visa beneficiary"... I was told to use this by someone who applied successfully and is now the owner of a brand new green card. I hope that's what they were looking for

Also it asks for an expire date, is that the k1 visa expire date or is it the I-94 expire date.

We put the expiration date of the visa. It should be written in passport as 90 days from when you entered the country. We didn't use the 6 month date that the visa could be entered into the country on.

I just want to make sure its correct before I send it away.

Always better to be safe than sorry!!!

Finally, i still have some ADIT photos from my K1 petition months ago, it asks for photos within the past 30 days, i havent changed in appearance very much so would they be still okay? What if the photos were 31 days old? lol.... I know what INS are trying to do, but how strict are they on the matter?

Can't tell you about the photos...my husbands new ones look indentical to his old ones except for he left his big coat on in the new ones because it was cold. I don't know how they would know when you had them taken if you haven't changed...they don't ask for a receipt stating when the photos are from or anything. Maybe someone with experience using older photos would be better suited for answering this question.

On the back of the photo it needs my alien reg number is that the 8 digit A# on my K1 visa?

Yes (I think, it's the A# thats on the NOA2...I don't have the visa in front of me to know for sure...I know it's on the NOA2 though).

Best of Luck with your application!!!!!!!

MarDae

andrewmassey

thanks MarDae for your reply to my questions, the best of luck with your current application. I will double check on the no requirement for form I-130 as i came on K1 visa. That seems correct to me but if you had not of mentioned that to me I might of filed form i-130 anyways. Is AP the advance perole and does that mean i can exit the USA in case of emergency? I will have to file my EAD with vermont as I have noticed they dont deal with them at my local office in portland maine. Well gotta research more into INS today and get this visa sorted out. Take care,


Kind regards,

Andrew Massey

sibsie

Out of curiosity why didn't you apply for your SSN sooner?

FlyergirlUK

You definitely don't need the I-130 so don't waste your money.

The AP, (Advance Parole) is so that you can re-enter the US after a short visit abroad, not so that you can leave, (leaving can be done at anytime but you'd not get back in without the AP).

Good luck with this part of your process.

Folinskyinla

Hi:

I would use the ITN for filing. Later you might have to amend. But I wouldn't worry too much about that.

On the "visa number", use the "visa control number." The question in the I-485 pre-dates the use of the "MRV" now used. The old "Bouroughs" type NIV's did have an actual "visa number." In many countries, it was the practice of consuls to use numbered security "counterfoils" over which the visa was printed. MY practice is to use the "control number" because that is the number of the actual visa. The red number is the number of the blank sticker on which the visa is printed and in my mind is the equivalent of the old security counterfoils.

You do NOT need an I-130. You entered on a k-1. The filing fees are available on CIS website -- don't forget the $50 fingerprint fee.

Good luck.

Just Jenney

Just curious...

From what I've read on the IRS's website, those who are eligible to obtain a SSN are NOT eligible for an ITIN. Technically the OP (a K-1 recipient) is eligible to receive a SSN -- so doesn't that mean he's therefore ineligible for an ITIN?

Or does that change because he's now married and has to wait for his EAD before he can get his SSN? What confuses me is, ultimately, he IS eligible to get the SSN, so it would seem to me that the ITIN wouldn't be available to him at any point.

Here's the IRS link about this:
http://www.irs.gov/individuals/artic...87,00.html#who

Not trying to rock the boat, I'm just wondering...

~ Jenney

FlyergirlUK

It's not because he is married but because his 90 days are up, his I-94 would show this and therefore he wouldn't be issued an SSN; a valid I-94 is required as proof, failing that, it's the EAD.

andrewmassey

thanks for all your replies,

the flyergirlUK is exactly spot on, the i-94 is only valid for 90 days. i can file form ss-5 with social security giving me access to a non-working SSN (tax purposes) but to do that my i-94 cant be expired. It takes 14 days for a non-working SSN to be issued to me. BUT you need to have filed for it on or before the 76th day of your K1 POE. Yes it does mention that an ITIN is for aliens unable to get a SSN, but im not eligable for a SSN until I get my EAD from vermont. We called IRS on 1-800 829-1040 making everything clear, it took about 4 call centre staff to understand our situation. She said an ITIN is just a number as my identification as i dont have a SSN yet. So on my wifes tax return she will leave the SSN box clear but also file form W-7(ITIN application)
The ITIN number takes up to 6 weeks to process and once processed, will be entered by IRS in the SSN box. They can then complete my wife federal taxes using my new ITIN#. I will also receive a receipt showing my new ITIN#. We also asked IRS does this mean i wont be able to get a SSN in the future and she said it doesnt matter and when i file for a SSN my ITIN will be invalid. I will mention I have an ITIN # to social security when i file for a new number. I am only going by what we were told on the telephone. At first we were confused, but that phone call answered all our questions. This would not be a problem if EAD's only took like a week to process and then I could quickly get a SSN maybe next week. Thanks for all the feedback from this topic everyone.

Kind regards,

Andrew Massey

andrewmassey

hi everyone, i have a quick question to ask about the fingerprinting fee's. I know at the moment it is $50 but when do Immigration need the fee, along with the cheque for I-485? Or dont they need the fingerprinting fee until go in for an appointment at my local office? I would like to know how much the cheque will value when I sent in my petition for I-485. Well gotta dash for now but thanks for previous replies in this forum.

Kind Regards,

Andrew Massey

MarDae

You need to pay the $255 AOS filing fee and the $50 finger print fee at the time that you file. If you are planning to apply for an EAD as well that fee is due at that time as well. So I guess if you are just applying for AOS you'll need a check for $305 (AOS and finger print filing fees). This really is an expensive process and it's only going to get worse. I looked at a list with all of the proposed fee hikes and some are pretty substantial. I'm glad we'll have paid most fees by that time...although at the rate Philly is processing AOS apps we'll need to apply for a renewal EAD and possibly another AP. I sure hope not. We'll just have to wait and see.

Best of Luck with your AOS!!!!!

MarDae

andrewmassey

thanks mardue for your reply.

I shall write a check for $305. Portland maine, my local office do not issue EAD, so they would forward it to the nearest office in Vermont. I think for now I shall file the AOS and pay for the fingerprinting fee as well. At a later date I will file for an EAD. I wished I could of got an EAD when I arrived in Newark months ago but they dont issue them at the airport. I hope when I file for an EAD I dont have to wait as long as 90 days. I cant really do too much in maine without having a SSN. Not even get a bank account or rent some movies at the local store. Good luck also with your application.

I have a question regarding my wifes income. On affidivit of support for AOS, it askes for most recent tax year, would she state 2002 or 2003? In 2002 she doesnt make 125% poverty line but on this years W2 (not yet filed with IRS) she makes very close to the 125% line. In fact her income is above the 125% but before paying group health insurance through work. After paying health insurance this year her income on federal taxes is $200 lower than required. So does that means we have to get a co-sponser which is going to be very difficult get? Its only $200 below requirement, I have that $200 in my pocket not to sound rude. She clearing make over 100% poverty line. Or will it be okay, i do hope so because they were fine with her income whilst filing for my K1 fiance visa back in London. I hope someone can give any advice on this issue.

Good luck with everybody else's visa application,

Kind regards,

Andrew Massey

leebarton

I would recommend filing for the EAD now too... I have been 110 days at Vermont and my EAD hasn't even made it to Baltimore yet, except that I did a walkin last week and "delivered" my file for them *grumbles* If you want to be able to work within the next 5-6 months I would definitely file now from my personal experience.

FlyergirlUK

Make 'em seperate checks Andrew, (the USCIS ain't good with maths plus it just confuses 'em)!