Help on AOS process (K-1)

[Jia you LuckyStar 0]

Hi,

Up to this part, I've followed the guides and that's been fine, and everything actually went pretty smoothly except for the time it took. However, now he is here, I am so lost and confused to what to do.

The reason is, being the idiot that I am, forgot to make a copy of the packet before my husband(hehe) submitted it during his interview process. Now my original sponsor is immigrating soon(the family friend got transferred overseas), and so I don't think he qualifies anymore. But even if he still does, sad to say, I don't think he has time to get me the transcripts and everything again with all that's going on in his life right now. I'm still going to contact him, but as I've been calling all week and he hasn't answered my phone calls is not a good sign.

Originally I met the poverty guideline limit of 18k for 2people, but I only had evidence of about 6 months. I have about a year now, would that be a enough? I was student for the previous two years. If I change sponsors, do I have to file extra paperwork... now it is just a mess.

But to confirm all the paperwork needed for the AOS

I-485

Cover Page

Copy of Husband's Passport, all pages

Another copy of the K-1 Visa page

Copy of I-94(uh... did they fill this out at the border?)

Copy of Husband Birth certificate, with English translation

G 325a 2 copies, filled out by him

I-693 (with DS-3025? He has this little booklet and a piece of paper with vaccinations on it, is this it?)

I-864 (Why did I not make a copy! )

I-131 (this is free right? Although I don't think we're going to be out of the country any time soon with this mess)

Check for 1070

is this the table of contents? Am I missing anything? Can I do anything electronically? =D

But I am really sick and worried about the sponsor problem. For some reason this part of the process seems way harder than the earlier part.

[Bernie C 24]

Hi,

Up to this part, I've followed the guides and that's been fine, and everything actually went pretty smoothly except for the time it took. However, now he is here, I am so lost and confused to what to do.

The reason is, being the idiot that I am, forgot to make a copy of the packet before my husband(hehe) submitted it during his interview process. Now my original sponsor is immigrating soon(the family friend got transferred overseas), and so I don't think he qualifies anymore. But even if he still does, sad to say, I don't think he has time to get me the transcripts and everything again with all that's going on in his life right now. I'm still going to contact him, but as I've been calling all week and he hasn't answered my phone calls is not a good sign.

Originally I met the poverty guideline limit of 18k for 2people, but I only had evidence of about 6 months. I have about a year now, would that be a enough? I was student for the previous two years. If I change sponsors, do I have to file extra paperwork... now it is just a mess.

But to confirm all the paperwork needed for the AOS

I-485

Copy of I-797 NOA from I-129F petition approval

Cover Page

Copy of Husband's Passport, all pages (Biographical page and entry stamps)

Another copy of the K-1 Visa page

Copy of I-94(uh... did they fill this out at the border?)(Copy of I-94 Front and back)

Copy of Husband Birth certificate, with English translation (Certified translation)

G 325a 2 copies, filled out by him

I-693 (with DS-3025? He has this little booklet and a piece of paper with vaccinations on it, is this it?)

I-864 (Why did I not make a copy! )(Tax transcripts or copies of tax records including w2's and all schudules)

I-131 (this is free right? Although I don't think we're going to be out of the country any time soon with this mess)

Check for 1070 (Check for $1,010 made payable to U.S. Department of Homeland Security)

ADD - Certified copy of marriage certificate

We included copies of Social Security Card, Medical Insurance Card

You can include copies of bills and things showing joint ownership

We also included some photos together at varoius places and with family

is this the table of contents? Am I missing anything? Can I do anything electronically? =D

But I am really sick and worried about the sponsor problem. For some reason this part of the process seems way harder than the earlier part.

[marriedtomrg 141]

You didn't file for an EAD? (I-765) It's free too.

[Harpa Timsah 13,258]

The post two above mine has some errors. The fee is now $1070; it went up. You were right in the beginning.

Evidence of a bona-fide marriage is not required for people AOSing from K-1 visas. (no photos needed/bank statements needed, just the marriage cert).

You may be able to be the sole sponsor if you have been working this year and made over the 125% threshold. You can include a letter from your employer and paystubs to show what you earned this year, if it is enough. It may qualify even if you didn't work the last years. You could always try it (if you think you have a shot) and then they will send you an RFE for a co-sponsor if it is not sufficient.

I will defer to Vanessa on the I-693. There is a sticky at the top of this forum all about what is required there... depending on what happened at the past medical.

Lastly, nothing electronically. All paper.

Good luck.

[YuAndDan 153]

I-693 needs that "yellow" book transfered to I-693 by a US Civil surgeon.

See: http://candleforlove.com/forums/index.php?showtopic=41344 (For stories about good, bad and ugly US Civil Surgeons)

Shop around many doctors want to hit you with a full medical for hundreds, Vaccination record transfer should cost at most $50 or so.

Note: only needs plain old photo copies of things like marriage cert, tax records etc...

USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited December 13, 2010 by YuAndDan

[Bernie C 24]

The post two above mine has some errors. The fee is now $1070; it went up. You were right in the beginning.

Evidence of a bona-fide marriage is not required for people AOSing from K-1 visas. (no photos needed/bank statements needed, just the marriage cert).

You may be able to be the sole sponsor if you have been working this year and made over the 125% threshold. You can include a letter from your employer and paystubs to show what you earned this year, if it is enough. It may qualify even if you didn't work the last years. You could always try it (if you think you have a shot) and then they will send you an RFE for a co-sponsor if it is not sufficient.

I will defer to Vanessa on the I-693. There is a sticky at the top of this forum all about what is required there... depending on what happened at the past medical.

Actually only one error - the filing fee. That is why it is best to always default to the USCIS governing document. We filed in early November and the fee was still $1010. I apologize for the error on that.

As far as proof of bonifide marriage - it is not wrong to send additional information. Some people send tons of documents - some the bare minimum. In our case we were comfortable with the packet we sent and what we included. We based our decision on the readings and postings here that we have read over the past few years. Wrong and not required are two different things.

Good Luck to all and Happy Holidays.

We are heading to Buffalo for Biometrics appointment on Dec 23.

Lastly, nothing electronically. All paper.

Good luck.

[Jia you LuckyStar 0]

I guess I will try just sponsoring myself, and if it doesn't work it'll give me more time to find another co-sponsor or get a hold of the current one somehow.

I have the Vaccination Documentation Worksheet that the FAQ says I can use in place of I-693, but I read it was suggested that we attached the rules that state that this acceptable as well. The links in the FAQ are broken, can someone redirect me to working links?

[SunDrop 59]

If you earn more than $18,212 you shouldn't need to worry about a co-sponsor. Some embassies are notoriously tougher than others but AOS is a whole different ball-game.

By the way, there is absolutely no need to include ANY proof of ongoing relationship documentation with your AOS application. If you want to, fine, but they realise that it's potentially impossible to demonstrate any co-mingling when you file. This is why you are (usually) interviewed. There's nothing in the forms, nothing on the VJ guides and thousands of people before you have successfully completed their AOS without it.

Example: You POE on Day 1, get married in the morning of Day 2 and send your AOS application in that afternoon. You're not going to have a drop of evidence but nothing you've done is against regulations in any way.

Good luck

[Jia you LuckyStar 0]

Wait, there's an interviewing process too? I thought only some were selected. But all the K-1's are selected? Oh well, I can only pray that it falls on a day that I don't work(No vacation/sick days, sad.)

On a side note, my 2009 tax return only shows half a year worth of income, although I have enough for a full year if they count from then to now. Should I send in all my w-2's for the mean-time? Or should a employer's letter suffice?

Edited December 18, 2010 by Jia you LuckyStar

[SunDrop 59]

Wait, there's an interviewing process too? I thought only some were selected. But all the K-1's are selected? Oh well, I can only pray that it falls on a day that I don't work(No vacation/sick days, sad.)

On a side note, my 2009 tax return only shows half a year worth of income, although I have enough for a full year if they count from then to now. Should I send in all my w-2's for the mean-time? Or should a employer's letter suffice?

Never said all were, I said AOS applicants are usually interviewed.

If you are sending your tax return, you MUST send your W-2, because it's part of your return. You can, alternatively, ask the IRS for a free transcript.

You should also send your employer's letter.

They care what your current income is, more than anything. Include 6 months' worth from most recent back of your paystubs. So if you need to be earning (before tax) $350.23 a week or $1517.67 a month, depending on your pay frequency.

This is assuming you are sponsoring only your spouse, and do not have any children under 21 or other claim anyone else as a dependent on your tax return (namely, your household size is only 2).

[BB & MJ 3]

Regarding the G-325A, does both the petitioner and beneficiary need to fill out a form? I just want to make sure. Thanks!

[Harpa Timsah 13,258]

For K-1 entrants only the beneficiary needs the G-325A. It's in the I-485 instructions.

[VanessaTony 3,567]

Regarding the G-325A, does both the petitioner and beneficiary need to fill out a form? I just want to make sure. Thanks!

As Harpa said, only the immigrant does, it's there in the instructions.

It's important that you realise that this is the IMMIGRANTS process now. The USC is now the sponsor, not the petitioner. The immigrant is now the applicant, not the beneficiary. The immigrant is the one applying to have THEIR status adjusted from a K1 visa to a legal permanent resident. The USC is sponsoring their application.

There's an AOS thread in my signature with the document list.

[Maleman 5]

Per the VJ AOS instructions we filed the (I-864 Affidavit of Support Form)in our AOS packet. Included in the contents were the Federal income tax return, Federal transcripts (3 years) "Note: special block check on I-864," with W-2 statement, Photo Copy of Sponsors, Biographical passport page, Copy of recent Bank Statement from sponsor, Pay-stubs (6) Months, Employment Letter. Some of these were mandatory and some were not. I recommend reading the instructions on the VJ AOS, and the actual I-864 Affidavit of Support Form. It does not hurt to give them more than what is mandatory! The VJ AOS instructions, along with other member’s advice, have been very instrumental through our entire process.

[BB & MJ 3]

As Harpa said, only the immigrant does, it's there in the instructions.

It's important that you realise that this is the IMMIGRANTS process now. The USC is now the sponsor, not the petitioner. The immigrant is now the applicant, not the beneficiary. The immigrant is the one applying to have THEIR status adjusted from a K1 visa to a legal permanent resident. The USC is sponsoring their application.

There's an AOS thread in my signature with the document list.

Thank you Vanessa&Tony, your information is very helpful!