So confused! K1 to AOS.
 

Thought i knew what i was doing, then i stumbled upon a thread on this site ( although it was over a year old) and it has confused the heck out of me. I arrived on a K1 visa, got married to my beautiful wife and got ready to file the package. This is what we have.

I-130 - with marriage certificate, a photo of us each and evidence of co-mingling of finances since i arrived in the US ( i read on a thread that my wife didn't need to fill this in for me as i arrived on a K1??)
I-765 - with copy of passport and K1 visa in passport and 2 photos
I-131- copy of K1 visa, copy of my passport page and a copy of the signed I-485
I-485- 2 photographs, birth certificate, copy of K1 in passport, copy of passport page, I-797 for the I29F, copy of marriage license, print out of the I-94
I-864 - with 6 months pay stubs, employment letter, IRS transcripts for last 2 years (she resided in the UK prior to that and didnt need to file as she didnt work)
I-693- sealed.

Will someone please help me with this and let me know what forms i need to have for when i file?

Re: So confused! K1 to AOS.
 

Take out the I-130. Then it all looks good.

Rene

Re: So confused! K1 to AOS.
 

Thanks Rene! Also, as part of the I-765, for the eligibility catergory would that be C9 as i want to adjust status?
the instructions states:-
EAD Applicants Who Have Filed for Adjustment of
Status
Adjustment Applicant--(c)(9). File Form I-765
with a copy of the receipt notice or other evidence
that your Form I-485, Application for Permanent
Residence or Adjust Status, is pending. You may
file Form I-765 together with your Form I-485.

Or would it be

K-1 Nonimmigrant Fiance(e) of U.S. Citizen or
K-2 Dependent--(a)(6). File Form I-765 if you are
filing within 90 days from the date of entry. This
EAD cannot be renewed. Any EAD application other
than for a replacement must be based on your
pending application for adjustment under (c)(9).

Thanks for the help!

Re: So confused! K1 to AOS.
 

Yes.

Ian

Re: So confused! K1 to AOS.
 

Thanks Ian, another quick question (I'm double checking all documents before sending, so any questions i thought i might ask) for the I-864, does my partner need to include her US birth certificate? also the instructions states for some of the sponsors they may need to include...
□ Proof of their residency in your household and relationship to you if they are not the intending immigrants or are not
listed as dependents on your Federal income tax return for the most recent tax year.

Do we need to show proof that i live at the same address, even though i am the intending immigrant but i wasn't on her most recent tax return?

Re: So confused! K1 to AOS.
 

She'll need to include proof of US citizenship... so, either a b/c or a copy of her US passport.


Your wife is not one of "those" sponsors.


No. For the I-864, there is no requirement that you have ever lived together or been included on one of her tax returns.

Ian

Re: So confused! K1 to AOS.
 

Thanks again Ian! :)

Re: So confused! K1 to AOS.
 

Okay, so final checklist and i think im done and ready to file!

Contents Page listing what is included.
G-1145
G-325A - in front of I-485
I-485 - Including 2 photographs, photocopy of UK birth certificate, photocopy of UK passport, Photocopy of K1 Visa, Photocopy of I-797 for approval of I-129F, Photocopy of marriage license, Print out of I-94, Cheque for $1070
I-864 - Including 6 months pay stubs, Letter from employer, IRS transcripts, Letter explaining reason for not filing her 2012 tax return, photocopy of USC birth certificate
I-693- Sealed and signed on the back
I-131- Including 2 photographs, supplement letter explaining reasoning for AP, Photocopy of UK passport, Photocopy of K1 Visa, Photocopy of signed page of I-485
I-765 - Including 2 Photographs, Photocopy of K1 Visa, Photocopy of UK Passport.

Hopefully (fingers crossed!) I have everything, am i missing anything??

Re: So confused! K1 to AOS.
 

Include this for the I-765 also.

Ian

Re: So confused! K1 to AOS.
 

Okay- will do!

Re: So confused! K1 to AOS.
 

Looking on the WIKI on here, it mentions including evidence of ongoing relationship (photographs, financial comingling etc) I can't see anywhere on the I-485 instructions to include such evidence apart from marriage license and the I-797.. Am i missing some evidence?? I have already filed, i just wondered if i would recieve an RFE for this. I thought the I-130 only asked for that kind of evidence as per the instructions

Re: So confused! K1 to AOS.
 

You're probably looking at the Wiki for AOS from VWP (or other type of visa), where an I-130 is needed, which requires proof of ongoing relationship.

AOS from K-1 does not need proof of ongoing relationship with the AOS package....you will bring all that to the AOS in person interview. You won't get an RFE for this.

Rene

Re: So confused! K1 to AOS.
 

Actually, one needs only show that the marriage was bona fide in its inception. It need not be continuing. See Matter of Sesay, 25 I&N Dec. 431 (BIA 2011).

That said, although the regulations are pretty clear that an I-864 is NOT required for a K-1 adjustment, CIS insists on it. This has been brought up in Bar/Gov't liaison and it seems that DHS disagrees with its own regulations. Go figure.