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

[himzyp12 0]

Thanks for all the information!

I do have one question about form I -485 under part 1: Current USCIS status expires on: do I put the date my visa expires or the date they put on the admitted stamp?

[PabloGarcia 36]

I have a question regarding copies of my marriage certificate. Can I just include one certified copy for the AOE and photo copies of the other two required for the EAD and AP? OR do all copies need to be certified (from the clerk recorder)? Thanks for your help and sorry if this has been addressed in the other 35 pages

[KayDeeCee 4,893]

Just a photocopy of the certified marriage certificate you get from the court is all you need for any form. However, you only need one copy of your marriage certificate, and that is for the I-485.

[kalusha 21]

Just a photocopy of the certified marriage certificate you get from the court is all you need for any form. However, you only need one copy of your marriage certificate, and that is for the I-485.

THAT is correct however it will be more advisable to have three photo copies because your file might be separated and that will require each piece to have its own supporting documents. I did that for mine and it worked well.

[PabloGarcia 36]

Thank you very much guys!

[KayDeeCee 4,893]

THAT is correct however it will be more advisable to have three photo copies because your file might be separated and that will require each piece to have its own supporting documents. I did that for mine and it worked well.

What I wrote was correct. The I-765 and I-131 do NOT require a copy of the marriage certificate. Read their form instructions. You are simply advising to add in extras that are not even needed.

Edited April 8, 2014 by Jay-Kay

[kalusha 21]

What I wrote was correct. The I-765 and I-131 do NOT require a copy of the marriage certificate. Read their form instructions. You are simply advising to add in extras that are not even needed.

I did not say what you wrote was wrong, I commended on that and just added a little more advice to it..Please come down you are not wrong.

[KayDeeCee 4,893]

I did not say what you wrote was wrong, I commended on that and just added a little more advice to it..Please come down you are not wrong.

If you meant 'calm down', then no worries. I am perfectly calm.

You posted that what I said was correct, then added "however it will be more advisable to have three photo copies because your file might be separated and that will require each piece to have its own supporting documents." I was pointing out that your 'more advisable' advice was to add in documentation that is not even required. I do not see how it is 'more advisable' to include extras that are not needed.

Only one copy of the marriage certificate is needed for the AOS paperwork, and that is required by the I-485. It makes no difference if the forms get separated and processed apart. Those other 2 forms do not require a copy of the marriage certificate.These are the requirements for the I-131 and I-765. Not a mention of a marriage certificate among them > http://www.visajourney.com/forums/topic/472439-evidence-for-756-and-131/?p=6723671

Edited April 9, 2014 by Jay-Kay

[srvman 38]

This should be a sticky.

[sandysfamilylife 0]

Thanks so much for the posting. It makes so much sense. I am so glad that VJ is here, and we all can share what we know. Good luck everyone.

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

[BFP XX 62]

Thank you so much for taking the time to assemble this fantastic instruction segment!

I recently mailed my AOS, and it's been received in Chicago, and they are already in the initial stage of processing my EAD and AP.

I can't express just how helpful your instructions were!

Always grateful to VJ members for sharing their experiences and tips!

[Pitaya 2,577]

Thank you so much for taking the time to assemble this fantastic instruction segment!

I recently mailed my AOS, and it's been received in Chicago, and they are already in the initial stage of processing my EAD and AP.

I can't express just how helpful your instructions were!

Always grateful to VJ members for sharing their experiences and tips!

Now it is up to you to continue to tradition. That is how it all works!

Become part of the solution and not part of the problem.

Edited August 17, 2014 by A&B

[Tee and Megan 10]

Just wanted to say this is an absolutely wonderful thread. Thanks so much for posting this VanessaTony!!!

[methold 10]

Hi there why did u pay $1.100 instead of $1.070

[KayDeeCee 4,893]

Hi there why did u pay $1.100 instead of $1.070

They paid $1010, not $1100. If you look at the date this was posted, you will see it was from Jan. 2010. That was the fee at the time the OP filed for AOS. At the bottom of the post there is a note about new fees in Nov. 2010. That is when it went up from $1010 to $1070.