AOS forms questions

[MLD 0]

Hi,

I'm a little lost here trying to figure out the forms to complete and send in for an AOS for my fiance who just arrived on a K-1 Visa two weeks ago. I think I was sooooo caught up with the whole getting a K-1 Visa process, that I didn't look into what happens after...

Anyway, I've read through a few of the threads but I'm still unclear on a few items that I hope somone can point me in the right direction about:

1. On the step-by-step guide, it says to send in a copy of her I-94. What is an I-94? I'm a little concerned b/c we didn't receive anything when we arrived in the US except a stamp on her passport. I got the feeling that the admitting officer at the airport was fairly new about the whole process b/c he was asking me questions about what forms my fiance needed to submit. Should we have received something at the US point of entry?

2. We're getting married in a four days, but I'm unsure about the correct names to put on the forms for my fiance. We haven't filed for her SSN yet so is it okay for her to just put her name (as it appears on her passport) and then she'll change her name later?

3. On the 485 form, it asks for current USCIS status - Is 'K-1 Visa' appropriate for this question

4. On the 485 form, it asks what status did you last enter with several options (visitor, exchange student, etc.), for K-1 Visa holders, can they list 'K-1 Visa?'

Thanks everyone for your help, it's greatly appreciated! Good luck to all.

[sarah&rob 1]

1. On the step-by-step guide, it says to send in a copy of her I-94. What is an I-94? I'm a little concerned b/c we didn't receive anything when we arrived in the US except a stamp on her passport. I got the feeling that the admitting officer at the airport was fairly new about the whole process b/c he was asking me questions about what forms my fiance needed to submit. Should we have received something at the US point of entry? The I-94 is a white form that should have been filled out on the plane and stamped by the Border Patrol or IO upon entry to the US. The stub should be stapled in her passport.

2. We're getting married in a four days, but I'm unsure about the correct names to put on the forms for my fiance. We haven't filed for her SSN yet so is it okay for her to just put her name (as it appears on her passport) and then she'll change her name later? When are you going to file for the SSN? If it is after you get married you will have to wait until she receives her EAD. Then you can go and get it in her married name.

3. On the 485 form, it asks for current USCIS status - Is 'K-1 Visa' appropriate for this question Yep, my husband put K-1 Visa Holder, but it shouldn't really make a difference

4. On the 485 form, it asks what status did you last enter with several options (visitor, exchange student, etc.), for K-1 Visa holders, can they list 'K-1 Visa?' yes that's fine for this one also

[MLD 0]

Okay. Thanks.

So, I'm looking at both our passports now and there's nothing in there. Frankly, I have a US Passport, and I don't even have an entry stamp? I don't recall the officer--really nice guy by the way--doing anything other than stamping her Visa and looking through all of our photos in the K-1 packet.

I see that there is a form (and a $300 fee???) to get a copy of a I-94--I-302 Form. Is this something vital I'll need to do prior to submitting our 485?

[sarah&rob 1]

The I-485 instructions http://www.uscis.gov/files/form/i-485instr.pdf

Page 5, #15 "Evidence of Eligibility":

B. Based on admission as the K-1 fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

Attach a copy of the fiancé(e) petition approval notice, a copy of your marriage certificate, and your Form I-94

Edited February 14, 2009 by sarah_n_robbie

[MLD 0]

Yeah, that's what I was dreading. Thanks for your response. She has an arrival stub for Cambodia but nothing from the US.

So is it our responsibility to ensure this arrival/departure card gets stamped by the US Immigrations Officer? Is seems there should be some protocol for them to make sure we don't walk into the US without it...

Edited February 14, 2009 by MLD

[sarah&rob 1]

I'm not entirely sure, since I wasn't with my now-husband when he arrived...so I didn't see how they did it. Maybe you could try calling the Customs & Border Patrol at your fiancee's POE?

I hope it all works out for you cause really...paying ~$300 seems unnecessary for something they should know to check. They probably do it hundreds of times a day, you know?

Good luck.

[MLD 0]

Thanks so much for your help!

Yes, I'm gong to try Customs first.

Now, and I apologize for the questions but it looks like you've been through all of this process so Congratulations....You mentioned waiting for the EAD on the SSN card:

-Is it advisable for my fiance to apply for a SSN before we send in our AOS packet?

Thanks again.

[Gary and Alla 3,694]

Hi,

I'm a little lost here trying to figure out the forms to complete and send in for an AOS for my fiance who just arrived on a K-1 Visa two weeks ago. I think I was sooooo caught up with the whole getting a K-1 Visa process, that I didn't look into what happens after...

Anyway, I've read through a few of the threads but I'm still unclear on a few items that I hope somone can point me in the right direction about:

1. On the step-by-step guide, it says to send in a copy of her I-94. What is an I-94? I'm a little concerned b/c we didn't receive anything when we arrived in the US except a stamp on her passport. I got the feeling that the admitting officer at the airport was fairly new about the whole process b/c he was asking me questions about what forms my fiance needed to submit. Should we have received something at the US point of entry?

2. We're getting married in a four days, but I'm unsure about the correct names to put on the forms for my fiance. We haven't filed for her SSN yet so is it okay for her to just put her name (as it appears on her passport) and then she'll change her name later?

3. On the 485 form, it asks for current USCIS status - Is 'K-1 Visa' appropriate for this question

4. On the 485 form, it asks what status did you last enter with several options (visitor, exchange student, etc.), for K-1 Visa holders, can they list 'K-1 Visa?'

Thanks everyone for your help, it's greatly appreciated! Good luck to all.

1. The I-94 is the white card now stapled inside her passport. Her visa has been CANCELLED and this takes its place. She was given this at her POE.

2. File for her SSN now (you could have done it on the way home from the airport with her) and use her name EXACTLY as it is in the passport. Then AFTER you are married go back andchange her name, if you want, and you will wait for several weeks while the Social Security Administration tries to figure out what to do about yet another woman who changes her name after marriage, BUT you will have her social security card while they do this. ALWAYS get the SSn as soon as possible after arrival and then change names later. NEVER allow yourself to be caught up in Gov't SNAFUS if you can avoid it, and in theis case you can.

3. Yes, good answer

4. Yes, if it is her only entry to the United States.

[sarah&rob 1]

yes I agree with Gary and Alla about filing for SSN as soon as possible. If you wait until after you send in your AOS stuff, she will have to wait until she receives her EAD card (which could take up to 90 days). If possible, go on Tuesday (since they are closed on Monday due to the holiday) and file for her card. Then, after you get married and after she receives her card in the mail (7-10 days usually), go back and have her name changed to her married name. Then at least she will have her SSN and you can go about doing things that require an SSN like opening a joint bank account and whatnot