mjd

Hia all.

I am in the US on a K-1 visa and recently married. Deciding not to pay a lawyer, I am struggling with sorting what I need to do exactly to change from the Alien fiance status to Conditional Permanent Resident. I have 3 concerns at the moment...

The USCIS website says I need to complete forms, I-485, G-325As I-864, I-765 but when I have called up their service center I was also told that my wife needs to complete I-130 also. I rang again to double check and got the same guidance. Reading the form's instructions I don't think I need to file it and it costs $355 which is a lot since we are both unemployed. I would liek to save the money if its not necessary but don't want to put my application at risk. Can anyone advise on this?

Second, our application is being delayed whilst my wife sorts out her tax return. It was completed and posted last week but we have no idea how long the delay will be - we are half way through my 90 days allowance on the K1. Has anyone been in a similar situation?

Third, what happens if I get my application in within the 90 days but a decision has not been made by the time the 90 days on a K-1 visa are up? Do I have to do something to extend my stay?

Thanks for any answers.
Great website -I wish I found it earlier. I didn't realise I could apply for a social security number already and jst found out from this site. That will make getting a cellphone and bank account easier!!

M

Elvira

Have you read the Wiki...

http://britishexpats.com/wiki/K1

Rete

Whoa ... slow down. Lots of misinformation and incorrect thoughts on your post.

First, your wife does NOT have to file the I-130. You came in on a valid K-1, married before the 90 days was up and that form is not a requirement. Another instance of the contract employee not knowing the correct procedure.

Second, you do not have to file within the 90 days for AOS and you do not have to be approved before the 90 days are up.

Third, you can and should apply for your social security number ASAP. You are entitled to one as a K-1 visaholder and it will be marked with the legend, work authorization by USCIS required or some such sentence.

You can file now if you want as your wife ahs corrected her tax issues for the I-864. Send a copy of her filed return with the I-864. If you are both unemployed does she have the amount of assets needed to be your sole financial sponsor or will you be using her and another person as a co-sponsor.

mjd

Hi Rete,
Thanks for the comments on the I-130. we suspected that but wanted to check with those in the know.

What does AOS mean? Is there a time limit for me to get my application in before any right to stay in the US expires?

Regarding the tax return and I-864, we are using combined assets to demonstrate sufficient funds (this exceeds the 3x 125% rule). We are also projecting what we earnt over the first half of the year to demonstrate earning potential. Her tax return was submitted late, so apparently we need to get a tax return transcript from the IRS to send off with the I-864 and this is what is slowing our application.

Any ideas on the SSN application? The Wiki article has been locked.


Thanks very much
M

Tracym

AOS is Adjustment Of Status (to permanent resident).

Ideally, you should file this before the 90 days of your K-1 are up. There is some argument if this is required, but imo it is the best idea.

Just take your passport with the K-1 visa down to the social security office - they should take your application and the social security card should arrive in a week or so thereafter. Someone correct me if I am wrong, but I think it is less complicated if you do not mention that you are already married. Obviously don't like, but you don't need to volunteer that.

While you have the required amount of assets, that is a guideline for USCIS. If you are both unemployed, be prepared that they make look very carefully at you. Our attorney has told us people with significant assets, but not employment, have been required to get co-sponsors at times.

Noorah101

You do not neet the I-130.

AOS stands for Adjustment of Status, which is what you are doing.

Go on Monday to get your SSN. You only have until something like your 76th day (i.e. you are not eligible for it during the last 2 weeks of your first 90 days here) to get the SSN by using your K1 visa. After that you will need to wait until you have your EAD (employment authorization document) in order to apply for the SSN.

In your AOS package, include proof that your wife has filed her late return. You don't have to wait for the tax transcripts. Just include a copy of the tax return she filed.

It's *best* to file your AOS within the first 90 days, but it's not a requirement to do so. You have gotten married within the 90 days, and that's all that's required.

Best Wishes,
Rene

jeffreyhy

M,

Be aware that "earning potential" doesn't count for anything - not at the grocery store and not at the CIS. Current income is what you need, or assets that can be readily liquidated without leaving you homeless and transportation-less.

Regards, JEff

Rete

You're welcome

Adjustment of Status. Ideally before the 90 days of the K-1 visa is up. Any day after the 90th day and before the day of filing is considered overstay as you would no longer have a valid visa to remain. Anything over 180 days would incur a ban if you had not filed before that date. There is no question about neccesity to file before the 90 days is up and for proof of that you can search for a post from MUdall who relays how he successfully filed for AOS for a client who did not file for AOS for several years after entering on a K-1.

[quote]Regarding the tax return and I-864, we are using combined assets to demonstrate sufficient funds (this exceeds the 3x 125% rule). We are also projecting what we earnt over the first half of the year to demonstrate earning potential. Her tax return was submitted late, so apparently we need to get a tax return transcript from the IRS to send off with the I-864 and this is what is slowing our application.[/quote

No, you do not need the official tax transcript but can include a photocopy of her 1040 that she retained for her records.


Apply for your SSN before K-1 lapses, i.e. asap.

meauxna

What I understand you've written here is that for the I-864 line that asks for 'current income', you have annualized your current income ("projected it" forward). Is that correct? ie, because you do not know what your total income will be as of 12/31/08, you have 'estimated' it based on current facts.

You can include a simple photocopy of the tax return if you don't want to wait. (I've heard that there is a backlog at the moment for recently filed 2007 returns). If you do the photocopy method, you have to send every page of the return, including all payment evidence (forms W-2 and 1099--your USC will know).

The SSN article isn't locked.. it hasn't yet been written!
It's a huge topic, but all you need to know is in the K-1 article: http://britishexpats.com/wiki/K1#Social_Security_Number

Apply while you're in your first 76 days in the US---aka NOW-- and complete the short application SS-5; take your passport with K-1 visa in it and don't mention being married (it's not asked and is not part of the application but may confuse certain SSA workers). Go to your local SSA office with a book to read and a cheery attitude and be patient. Your card should be mailed to you within 2 weeks.

In case it wasn't yet made clear, as soon as your I-485 package is accepted at USCIS, you are 'in status' as a pending adjustment applicant. This covers you to stay in the US legally once your 90 days as a K-1 is up.
I probably would not wait for the tax transcript if it were me in your shoes.

Folinskyinla

Hi:

I know that the immigration laws can be intimidating at times. At least you admit that a part of this arises from not wanting to hire a lawyer.

Point to note: there is this often held but fallacious idea that you can trust information from government employees. I don't where this somewhat quaint attitude comes from, but it is something to guard against. It is implicit in the other responses.

That said, in order to insure that you do not think you are alone -- here is a quote from a Court of Appeals published opinion. It is one of several that I happen to like:

“In its brief the INS states "the public, of course, has a right to obtain guidance from the regulations for its dealings with the Service." We devoutly hope the INS and those who draft the regulations and Operations Instructions under which it operates will take this statement to heart. Whatever guidance the regulations furnish to those cognoscenti familiar with INS procedures, this court, despite many years of legal experience, finds that they yield up meaning only grudgingly and that morsels of comprehension must be pried from mollusks of jargon. There is nothing esoteric about the subject matter. The regulations concern simple matters of great concern to human beings, most of them of limited education. They should be so written as to be comprehensible by intelligent laymen and unspecialized lawyers without the aid of both lexicon and inner-circle guide.” Kwon v. INS, 646 F.2nd 909 (5th Cir. 1981)

Good luck.

md95065

He forgot about the magic decoder ring that immigration attorneys get with their breakfast cereal ...

mjd

Well thanks everyone for your help. I have successfully survived the Social Security office (almost as busy as the US Embassy in London), successfully have a SSN and sent off my permanent residence applicationn. As suggested we decided to add a cosponsor to make sure income requirements were thoroughly met.

So time for the next step - a driving license. But I think that deserves a thread all of its own....

mjd

Well thanks everyone for your help. I have successfully survived the Social Security office (almost as busy as the US Embassy in London), successfully have a SSN and sent off my permanent residence applicationn. As suggested we decided to add a cosponsor to make sure income requirements were thoroughly met.

So time for the next step - a driving license. But I think that deserves a thread all of its own....