AOS, EAD & AP from K1 - the Aussie way (doc list included)

[CaroSL 68]

Vanessa, this is an awesome thread!!

Very clear and usefull, thank you!

[imee09 0]

Hello, may I ask what is the new fee for applying AOS as k1. I heard something about the new fee. anyone filed AOS lately? ty

[Denver422 10]

Hi All

I have started this thread in this specific sub-forum because I will be using Australian colloquialisms (sayings) and spelling. I don't know whether being from Australia will make any difference,.. whether it be my documents don't need to be translated, or if our people fill in stuff differently (like the medical - explained below).

I started the thread itself though, because can't find any one central page that has ALL the documents for AOS, EAD and AP listed. This list relates to me and my case, but it is also the BASIC list because my case is simple, i.e. I don't have any kids or anything else remotely difficult to worry about. I didn't get any RFE's while doing K1 (here's my K1 thread: http://www.visajourney.com/forums/index.php?showtopic=206016 ), and I'm aiming for the same this time around too. I have read and re-read the instructions several times. I read every line, and not just stuff related to me, just in case it's got a little note (this actually happened on one form) that might affect me. This list is IN NO WAY a substitute for you also reading through the forms, but I hope that it helps you get an idea of when you should start sourcing things (like paperwork for the affidavit of support) and making sure you have everything you need before you get to your applying "deadline".

On that note, there is no "deadline" for applying for AOS, as long as you marry within 90 days of arriving on your K1 visa. However it is recommended that you apply before your I-94 expires as some people have experienced issues with ICE (not deportation, just hassles and on 2 occasions I've read about, being locked up until a judge tells the ICE person they were wrong and being forced to pay fees as well as immediate AOS), but just as many (if not more) have had no issues and applied for AOS years after their I-94 expires. My main reasons for applying ASAP is because I want to work and I personally don't like not being "sure" of my status. Also, if there is a period of 180 days between your I-94 and the date your AOS is processed, you MAY encounter a ban on trying to re-enter the US if you leave and try and use the AP document. For that reason, try and apply for AOS well before 180 days after your I-94 expires... just to be safe.

Also, there is currently only one fee payable, being $1,070.00 for the AOS, EAD & AP (updated 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD ). In July 2007 the fee for AOS changed and the rules altered so that if you send the EAD and AP at the same time as AOS (or while it's pending) the fee for EAD and AP are waived. Whether you apply for EAD and AP at the same time as AOS the fee remains the same and whether you think you need them or not, as the fee is waived, it's always better to have than not have, "just in case".

So here we go

Definition of terms:

I-94# - Is the admission/departure number on the I-94 card (full image here: http://www.visajourney.com/gallery/albums/...mmigration1.jpg )

A# number - Alien number - can sometimes be found on your visa under "annotation" starting with A0 then 8 digits. Also found on your NOA2 above the beneficiaries name (image here: http://www.visajourney.com/gallery/albums/...F-NOAs/NOA2.jpg )

AOS - Adjustment of Status - Applied for after entering the US on a K1 visa and marrying within 90 days. Changes status to "conditional permanent resident" and you will be sent a green card. This process takes around 90 days however it can take MUCH longer.

AP - Advanced Parole - Allows you to re-enter the USA while your AOS is pending. You are allowed to leave whenever you want, but doing so without the AP document (or green card) means you will not be able to re-enter. Leaving without it also results in your case being considered "abandoned".

CO - Consular Officer - In this thread related to the person actually processing my documents

EAD - Employment Authorisation Document - Allows you to work whilst the AOS is being processed, as long as you have a SSN of course. Once you received your GC your EAD is no longer needed

GC - Green card - short-form for green card so I don't have to keep typing it

IO - Interviewing Officer - The person who will interview me (if needed). Apparently not every case requires an interview. Lets see if I can be one of the few who don't need one

Non-Immigrant Visa Number - This is the RED number found on your visa (image here: http://www.visajourney.com/gallery/albums/...after_entry.jpg )

RFE - Request for further information - Received if something you mailed in is incomplete or missing. It doesn't cancel your case, just slows things down a fair bit, so doing everything to prevent getting one is your aim

First things first. VJ does have guides:

VJ AOS Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

VJ EAD Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

And also example forms:

Example forms: http://www.visajourney.com/forums/index.ph...p;page=examples

The guides suggest doing a cover letter. Personally I'm doing a cover letter for each separate case (AOS, EAD and AP). I have read that the CO's don't tend to read the cover letters so really why bother, BUT I'm not doing it for them so much as for me. Filing so many documents means a lot of stuff to remember and I also think it looks neater and prettier. Also, while reading through the instructions I go through and fill in the cover letter with the attachments needed so I don't forget anything.

The USCIS has actually put together their OWN page of tips for putting together a package for mailing: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD I haven't decided if I'm going to hole punch yet or just bulldog clip as it seems that while it's appreciated it doesn't change anything so if I have a hole-punch available... maybe.

I ALWAYS go to the USCIS website to obtain forms: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD as this way you always make sure you have the most up-to-date form. Also, remember to check the filing location as it may have changed since the form was made. To do this, always make sure you go to the main form page (not the pdf, the place that links you the .pdf) such as this for AOS: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD and line four says "Where to file". In this case it tells you it depends on the category you are applying under, on other forms it might say "check the form" or "check the instructions".

As stated on each form, originals are only required when it specifically says "original" (like the forms with official signatures) otherwise copies are sufficient.

--AOS--

- G-1145 – Form for E-notification of Application/Petition Acceptance **See Note 1**

- Payment in the amount of $1,010.00 payable to U.S. Department of Homeland Security

- I-485 - Application to Register Permanent Residence or Adjust Status, signed & dated #####

- Copy of birth certificate

- Copy of K1 visa in passport

- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen

- Copy DS-3025 – Vaccination record (completed), dated ##### **See Note 2**

- G-325A - Biographic Information, including residence and employment attachments (1 copy as of July 2009)

- I-864 - Affidavit of Support Under Section 213A of the Act, completed by #####

o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for most recent tax year (or IRS tax transcript which I prefer)

o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for second most recent tax year (optional)**See Note 3**

o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for third most recent tax year (optional)**See Note 3**

o Letter from #####’s employer (optional)

o Pay stub(s) from the most recent six months for ##### (optional)

- Copy of I-797 - Notice of Action, Approval of K1 petition, dated ##### (front & back)

- Copy of Marriage certificate, dated ##### (front & back)

- Copy of I-94 – Arrival/Departure record (front & back)

The two items listed below are on the VJ AOS Guide, however NOWHERE on the forms, or their instructions is it mentioned that these items are required. These items only serve as additional information. You are required to bring your passport to the interview (if you have an interview) so perhaps by mailing this information you might not need to have one. Ultimately more info is better than less info (within reason of course) so it can't hurt. Personally I'll be including them in my parcel (in my attempt to avoid an interview ) but it makes sense that they're not needed as your Alien number is your identifier now (where with the K1 your passport number and then case number were).

- Photocopy of passport biographical details page

- Photocopy of USA entry stamp dated #####

Note 1: This form is now available that requests that you receive and email and text letting you know your application has been received http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Note 2: There is a huge point of contention on VJ regarding whether or not to send DS-3025 or if you will require form I-693 (immunisations only). The reason for this is, the paperwork clearly states that if you COMPLETED your immunisations PRIOR to your K1 interview in your home country (and thus your medical information is complete in the paperwork you handed in at POE (and subsequently forwarded on)) then only the copy of the DS-3025 is required. HOWEVER some people who assumed their info was complete and sent in the DS-3025 received an RFE requesting they submit a form I-693. Further information is mentioned on this VJ thread: http://www.visajourney.com/forums/index.php?showtopic=101202 So whether you go to the trouble of obtaining one so you don't risk and RFE and thus a slow-down is up to you. Personally I am in the process of calling Civil Surgeons (CS's) in my area to find our their fee. If the fee is reasonable we might do it just so we don't risk the RFE but at the same time i honestly think my form is fine and I have all immunisations filled in, either with dates or "not age appropriate". I'll let you know what I decide and then what the outcome is. Remember though every case is different, no matter how similar they might be.

Note 3: Tax information is only REQUIRED for the most recent tax year. Question 25 on the I-864 still requires that you indicate your earnings for the most recent tax years, whether you provide evidence of this income or not. There are two tick boxes in that question, where you can indicate whether you are only including the most recent tax year, or the three most recent. I personally prefer to send in IRS transcripts so that you are sure that you have not excluded any tax information and I also prefer to send in all three years of tax information just to "be safe". Information for obtaining the transcripts is located here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3614293 .

Here is a the Civil Surgeon "phone book" from the USCIS website: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

Here is a VJ thread that lists good CS's and their prices: http://www.visajourney.com/forums/index.ph...231026&st=0

--EAD--

- G-1145 – Form for E-notification of Application/Petition Acceptance

- I-765 - Application for Employment Authorisation **See Note 1**

- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen

- Photocopy of passport biographical details page **See Note 2**

As we're applying together with the AOS then the following isn't REQUIRED, however if you choose to include it, it's up to you, like i said before, more info is better than less info

- Copy of I-94 – Arrival/Departure record (front & back)

- Copy of Marriage certificate (to show name change) **See Note 3**

Note 1: Being adjustment applicant's, we're under category c9. You will see there's also a category for K1 and K3 visas (a6) but this is for when you're not applying at the same time as the AOS.

Note 2: It actually says "If no prior EAD has been issued, you must submit a copy of a Federal Government-issued identity document such as a passport..." as well as some other examples but personally I think the passport is the easiest one.

Note 3: The next issue for me (being female, married and changing my name) is my passport is still in my maiden name. For that reason it seems to make sense to include a copy of my marriage licence. Although these things are included with the AOS application, they can always shred multiple copies

--AP--

- G-1145 – Form for E-notification of Application/Petition Acceptance

- I-131 - Application for Travel Document (Advanced Parole)

- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen

- Copy of K1 visa (to show present status)

- Photocopy of passport biographical details page **See Note 1**

As with the EAD, this isn't REQUIRED but I will probably include it because the AP form doesn't actually have a space for "prior name":

- Copy of Marriage certificate (to show name change)

Note 1: It actually says "copy of an official photo identification document showing your name, photo, and date of birth". Like with the EAD example, passport is easiest I think

General

An important thing to remember is if you change your address at ANY stage while you are an LPR (or their sponsor) you are required to change your address within 30 days of moving. There are penalties for not doing so. The USCIS has an online change of address service but you STILL need to actually post a form to them. Here's the site: https://egov.uscis.gov/crisgwi/go?action=coa . The reason for the paper form is so it's changed on the masterbase.

The current postal details for these forms (as of 3 Dec 09 ) is:

File at:

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

For courier/express delivery:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5517

I, like most, will be submitting my forms by express mail so I'll use the bottom address

PAYMENT

It's important when writing the cheque that you write:

"One Thousand Ten and 00/100" or it might be returned.

Here is the USCIS link outlining the cheque writing requirements: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD because if you're like me, it doesn't make sense to write it that way and I wouldn't have written it like that but their wish is our command

Hope some of you find this useful If I've forgotten something, or stuff doesn't make sense, please let me know

**Edited to add further definitions - 27 Feb 2010

**Address for filing changed and fixed on here - 10 March 2010

**Edited to add Biometrics review link here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3909156

**Edited to add - AOS approved 7 July 2010. Without RFE, Without interview. I simply followed the above guide and make sure my documents were completed properly.

**Edited to add - new AOS fees as of 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Great INFO ! Thanks a bunch!

[KayDeeCee 4,893]

Hello, may I ask what is the new fee for applying AOS as k1. I heard something about the new fee. anyone filed AOS lately? ty

Lots of people have filed for AOS lately. The fee is not new. It has been the same since Nov 23, 2010. $985 for the I-485 filing fee + $85 biometric fee = $1070. The current fees can always be found on the USCIS website and in the form instructions.

[CaroSL 68]

I think this should be pinned. This is such a greeeeaaaat post.

[Neash 2]

Hi VJers,

I really want to hear something from you guys. As my timeline shows, we sent AOS package in early October, had a biometric in Mid November & before the biometric they asked for more financial document which we sent. And we never heard from them again, USCIS shows the "request for evidence response review". So, is this normal or should we contact them? As far as I know it shouldn't take this long, am I right?

Looking forward to hear from you!

[embord 2]

I know this post is a few years old, but thank you SOOOO much! This was incredibly helpful to me as I'm working on the AOS!!!

[pieroot 43]

the fee is 1070, I believe!

[didopage 337]

the fee is 1070, I believe!

Yes, but the OP is from 2010 (it was the fee at that time) and Vanessa can't edit it.

Edited March 18, 2013 by didopage

[VanessaTony 3,567]

the fee is 1070, I believe!

Yes it is. That's mentioned several times through this thread I cannot update the OP anymore.

[imee09 0]

Hello VJ. I just have a quick question. We sent our AOS packet last week and my husband (petitioner) put his as the name as the sender when he sent it. Do you think that is fine? thank you

[VanessaTony 3,567]

Hello VJ. I just have a quick question. We sent our AOS packet last week and my husband (petitioner) put his as the name as the sender when he sent it. Do you think that is fine? thank you

If you mean on the envelope, that's fine. If you mean on the cover letter (if you included one, you don't need to) then that's fine too as long as he listed YOUR information as the person adjusting. Technically the cover letter should be all your info (you as the sender etc) but as they don't usually LOOK at the cover letters, it's not a big deal

[renchiz 0]

Hello,

Thanks for this incredibly detailed and extremely helpful post. I just want to clarify one thing for me...

If I file the AOS, EAD and AP all at the same time, then I'll only have to pay $1070. I was thinking I would have to pay:

$1070 for AOS

$465 for EAD

$445 for AP

But you're saying only $1070 for all 3 if filed at the same time?

Just want to be clear pls.

Also do you get the EAD and AP first or do they not really put any priority to issuing the documents?

When can a k1visa holder apply for a SSN? Before or after marriage?

Sorry for the many of questions...

[KayDeeCee 4,893]

Hello,

Thanks for this incredibly detailed and extremely helpful post. I just want to clarify one thing for me...

If I file the AOS, EAD and AP all at the same time, then I'll only have to pay $1070. I was thinking I would have to pay:

$1070 for AOS

$465 for EAD

$445 for AP

But you're saying only $1070 for all 3 if filed at the same time?

Just want to be clear pls.

Also do you get the EAD and AP first or do they not really put any priority to issuing the documents?

When can a k1visa holder apply for a SSN? Before or after marriage?

Sorry for the many of questions...

Yes, $1070 total. The fees for the I-765 and I-131 are waived when filed with a pending I-485 >

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

You can file for the SSN after entering with the K-1. Just get your I-94 info from this site and apply > https://i94.cbp.dhs.gov/I94/request.html

SSN guide > http://www.visajourney.com/content/ssn

[renchiz 0]

Thank you so much Jay!