Called USCIS they only required I-485 and I-765 for K-1 Visa Holders

[Dr Mirage 0]

Hello all,

I am a little confused about AOS and EAD if anyone can help. My fiance entered as a K1 Visa Holder on May 2nd, 2008.

We are getting married on May 16th, 2008. (it takes 2 weeks to get the marriage certificate).

I have been looking at the Step-by-Step Guide on How to File for Adjustment of Status for K1 Visa Holders.

The guide says we have to download and submitt the following:

G-325a

I-864

I-485

I-765 (optional)

I-131 (optional)

After speaking to USCIS, I was told by their CSR that I only needed to submitt the I-485 and I-765.

They told me that I do not need to submitt the I-864 and G-325a.

USCIS CSR said that since my fiance is already in the US and she entered as a K1 Visa Holder, she no longer needs to submitt the I-864 and G-325a.

Is this correct? Any help would be greatly appreciated.

Thank you.

-Doc

[payxibka 10,047]

The I-864 & G-325a are not separate but a required part of the I-485 submission.... So you only file the I-485 but the application is not complete unless you provide all supporting evidence (including but not limited to the I-864/G-325a, marriage certificate, et al).

Edited May 13, 2008 by fwaguy

[Cécy 44]

Download the main forms and follow the instructions on it. Not what USCIS tells you over the phone!

[English Muffin 59]

Hello all,

I am a little confused about AOS and EAD if anyone can help. My fiance entered as a K1 Visa Holder on May 2nd, 2008.

We are getting married on May 16th, 2008. (it takes 2 weeks to get the marriage certificate).

I have been looking at the Step-by-Step Guide on How to File for Adjustment of Status for K1 Visa Holders.

The guide says we have to download and submitt the following:

G-325a

I-864

I-485

I-765 (optional)

I-131 (optional)

After speaking to USCIS, I was told by their CSR that I only needed to submitt the I-485 and I-765.

They told me that I do not need to submitt the I-864 and G-325a.

USCIS CSR said that since my fiance is already in the US and she entered as a K1 Visa Holder, she no longer needs to submitt the I-864 and G-325a.

Is this correct? Any help would be greatly appreciated.

Thank you.

-Doc

No, it is not correct. It's not just VJ that tells you what to include... read the instructions for the I-485 and it tells you that you have to include the G-325a and the I-864.

[Dr Mirage 0]

fwaguy, Cécy, English Muffin

Thank you.

I appreciate your time to answer my question.

-Doc

[JeffMayeth 0]

I think one reason why you need to fill up G-325a (aside from being part of the requirement written in the instruction) is because when you apply for AOS you might want to apply using your married name and of course they where anticipating that you might have additional info or changes in your biography!

Just a thought! (I filled up G-325a too!)

Mayeth