Adjustment of Status what exactly is required! help!

[sleepy in Seattle 3]

Please kindly help us in this next required step to get on our way, it has been stressful for they ask for a letter of approval, not sure what they mean by this. Need some help big time for the clock is ticking, thank you.

[marriedtomrg 141]

Hi there.

Here's the link to Filing Adjustment of Status for K1 and K3 visa holders Just need to prepare the forms and documents that only apply to K1.

Letter of Approval refers to the NOA2 of the I-129F petition that the petitioner received. You only need a photocopy of it to include in your application packet.

Please kindly help us in this next required step to get on our way, it has been stressful for they ask for a letter of approval, not sure what they mean by this. Need some help big time for the clock is ticking, thank you.

[sleepy in Seattle 3]

Hi there.

Here's the link to Filing Adjustment of Status for K1 and K3 visa holders Just need to prepare the forms and documents that only apply to K1.

Letter of Approval refers to the NOA2 of the I-129F petition that the petitioner received. You only need a photocopy of it to include in your application packet.

we never recived a NOA-2 letter but we went through a lawer to file for us is it possible that it was sent to them? we recived the NOA1 letter.

Edited November 21, 2010 by sleepy in Seattle

[marriedtomrg 141]

Yes, they should have it. You need to secure a copy from them...or request all of your original documentation back (if you intend to adjust status without their help).

If your lawyer refuses to return your documentation or even provide a copy, one other alternative would be to file an I-824 Application for Action on an Approved Application or Petition (which will allow you to request for a duplicate I-129F NOA2 reissued)...but it will cost you $340 to get it.

However, I have heard of members who were able to adjust status without the NOA2; here's one link from Merrytooth and what they did.

Hope it helps. Try asking the lawyer first, see if you can get it that way. If they refuse to help you, try the route Merrytooth did.

we never recived a NOA-2 letter but we went through a lawer to file for us is it possible that it was sent to them? we recived the NOA1 letter.

[sleepy in Seattle 3]

we never recived a NOA-2 letter but we went through a lawer to file for us is it possible that it was sent to them? we recived the NOA1 letter.

What is the time line for filing AOS forms, I was told it was 20 days after your married, then I read on here that there is no time line as long as your married in the 90 day period. and what about a work visa I was under the impression that you would recevie that along with the K-1 visa?

[marriedtomrg 141]

Now that you guys are married, you have already fulfilled the conditions of the K1 visa (married within 90 days).

From there your spouse may adjust status anytime, there is no deadline to speak of. However, it is recommended that you do so while the I-94 is valid. Once AOS+EAD+AP have been filed, and you receive the NOA1 for the AOS, it extends the validity of your spouse's I-94 until the green card application is approved.

Some K1 applicants have been lucky enough to receive the work authorization stamp at the POE, but not all of them do.

If your spouse didn't receive such a stamp in their passport, then your spouse will need to apply for an EAD/work permit to be allowed to work.

What is the time line for filing AOS forms, I was told it was 20 days after your married, then I read on here that there is no time line as long as your married in the 90 day period. and what about a work visa I was under the impression that you would recevie that along with the K-1 visa?

[Inky 1,111]

No K-1 does not get a work visa.

You must apply for AOS and EAD, the EAD lets you work before you get your green card.

[sleepy in Seattle 3]

No K-1 does not get a work visa.

You must apply for AOS and EAD, the EAD lets you work before you get your green card.

What do you mean by our I-94 is still valid. what is the I-94? as far as I know I don't have one. it seems like everywhere I look people are talking about it but no one says what it is. Thanks for all your Help

[nickbits 43]

What do you mean by our I-94 is still valid. what is the I-94? as far as I know I don't have one. it seems like everywhere I look people are talking about it but no one says what it is. Thanks for all your Help

It should have been stapled in your passport when you POE'd.

[marriedtomrg 141]

It's the white card one is asked fill out on the plane and handed to the POE officer. They tear off the large portion and staple the smaller one (with a black control number on it) in the K1 visa holder's passport. (Also called the Arrival/Departure Record) Here's a picture

How did your spouse enter the US? By air or by land?

What do you mean by our I-94 is still valid. what is the I-94? as far as I know I don't have one. it seems like everywhere I look people are talking about it but no one says what it is. Thanks for all your Help

[sleepy in Seattle 3]

It should have been stapled in your passport when you POE'd.

It was stapled in my Passport, stamped above is the date Oct 27 2011 , were my last name is they wrote in Jan 26,2011

[sleepy in Seattle 3]

No K-1 does not get a work visa.

You must apply for AOS and EAD, the EAD lets you work before you get your green card.

We have the NOA1, how did you fill out the paper work and did you send the original NOA1 or just send copies of it, need your help, thank you

just brain dead and need some one here to help and to make sure that we send in the correct paper work, thank you

Edited November 21, 2010 by sleepy in Seattle

[Inky 1,111]

We have the NOA1, how did you fill out the paper work and did you send the original NOA1 or just send copies of it, need your help, thank you

just brain dead and need some one here to help and to make sure that we send in the correct paper work, thank you

You need the NOA2 not the noa1, see if you can get it from your lawyer, if he/she doesnt have it then you may need to file for a replacement noa.

[baron555 934]

Please kindly help us in this next required step to get on our way, it has been stressful for they ask for a letter of approval, not sure what they mean by this. Need some help big time for the clock is ticking, thank you.

Why not Read the Guides?

[VanessaTony 3,567]

There is an AOS thread in my signature that gives you the entire required document list. Read that and it should help you immensely

You don't get a "work visa" along with the K1, when you file AOS you will also apply for a work permit (EAD). You cannot work until you get that card (or the GC) and you cannot leave until you get AP (or the GC). It will take around 2 months from filing AOS (and EAD and AP) to get the EAD and aP documents. Around 3 months to get the GC, sometimes longer.

** moved from "K1 Visa Process & Procedures" to "Adjustment of Status (Green Card) from Family Based Visas" as this is a qn about AOS, not K1 anymore **