Basic difference between AOS from K and H visas

[fabulous02 1]

Hi guys,

Up until now, I had been posting all my AOS questions in the AOS from family based visas forum, simply because I'm filing for AOS based on my marriage to a USC. However I am in US on H1B visa and working currently. I got all my supporting docs and filled my AOS forms based on the information in that forum. So I wanted information on whether something for AOS is different based on the fact that I am on an H1B visa and not one of the K visas.

Is there more evidence or documents I need to send in? Are there guides for AOS based on marriage when the spouse in on H1B visa?

Thanks...

[payxibka 10,047]

your usc spouse must also submit an i-130 petition.... where on a k-1 it is not needed

Edited February 21, 2010 by payxibka

[fabulous02 1]

your usc spouse must also submit an i-130 petition....

Yes.... I was planning on filing form I-130, I-485 (including I-693, I-131, I-864 and I-765). Is there a difference between what supporting evidence is submitted for these forms if I'm on a H1B visa?

[VanessaTony 3,567]

Hi guys,

Up until now, I had been posting all my AOS questions in the AOS from family based visas forum, simply because I'm filing for AOS based on my marriage to a USC. However I am in US on H1B visa and working currently. I got all my supporting docs and filled my AOS forms based on the information in that forum. So I wanted information on whether something for AOS is different based on the fact that I am on an H1B visa and not one of the K visas.

Is there more evidence or documents I need to send in? Are there guides for AOS based on marriage when the spouse in on H1B visa?

Thanks...

This is the guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

You will lose your H1B once the GC is approved or denied. You are changing your status. If the process is denied (which is rare but does happen) my understanding is that you have no avenue to appeal and will be sent a letter giving you 30 days to leave the US.

K1's and K3's can appeal the denial and remain in the US while doing so.

There is little point (I thought) in your filing for an EAD as you are already on a work visa and the EAD is while you are waiting for AOS.

K1 and K3's may file a I-693 but especially in the case of K1's, the 693 isn't COMPLETED as they already had a medical in their home country and instead just need to have vaccinations transcribed.

In the case of K1's as well, the USC only helps by completing the 864. They have nothing to do with AOS otherwise (no G-325A, or birth certificate etc needed) as they did their part when filing the K1.

Edited February 21, 2010 by Vanessa&Tony

[fabulous02 1]

This is the guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

You will lose your H1B once the GC is approved or denied. You are changing your status. If the process is denied (which is rare but does happen) my understanding is that you have no avenue to appeal and will be sent a letter giving you 30 days to leave the US.

K1's and K3's can appeal the denial and remain in the US while doing so.

There is little point (I thought) in your filing for an EAD as you are already on a work visa and the EAD is while you are waiting for AOS.

K1 and K3's may file a I-693 but especially in the case of K1's, the 693 isn't COMPLETED as they already had a medical in their home country and instead just need to have vaccinations transcribed.

In the case of K1's as well, the USC only helps by completing the 864. They have nothing to do with AOS otherwise (no G-325A, or birth certificate etc needed) as they did their part when filing the K1.

Thanks.... I was actually not planning on filing form I-765, but when I made an Infopass appointment, the person there said that since I-765 is free anyway, I might as well file it in the rare case that my green card doesn't arrive before my H1B expires.... my current H1B petition expires in 2012, so it is definitely a pretty low chance that I don't receive my GC by then.

For I-693, I did my complete medical at the civil surgeon's office.

[VanessaTony 3,567]

Thanks.... I was actually not planning on filing form I-765, but when I made an Infopass appointment, the person there said that since I-765 is free anyway, I might as well file it in the rare case that my green card doesn't arrive before my H1B expires.... my current H1B petition expires in 2012, so it is definitely a pretty low chance that I don't receive my GC by then.

For I-693, I did my complete medical at the civil surgeon's office.

Oh good point about the H1B & EAD. Sometimes AOS take a while (one person was waiting 2 years and 7 months!!)

We (K1's) don't complete the I-693. We just need part 1, part 2 (vaccinations) and part 5 signed. That's a major difference. Also because at home my medical cost $400 including 1 shot (tDap), x-ray (for TB) and HIV blood test (HIV test isn't needed now) and here I've been seeing medicals for $200 and less!

Edited February 21, 2010 by Vanessa&Tony