A few questions on the AOS

[thaigift 0]

a little background information:

my now wife entered the USA on a k-1 visa. she entered the USA on september 28th and her k-1 visa expires on december 27th. on october 20th we were married and now i am filling out the papers. i just have a few questions as some of them are confusing! i know that i have a lot of questions so i would like to thank anyone who responds with a huge, "thank you!" in advance! any information is appreciated!

form i-485

what is the current USCIS status for her? i have heard either "k-1" or "temporary permanent residence" will suffice. is that correct?

form i-485 part 3C: processing information

she used to be an Au Pair (nanny) in america a few years ago. do we list that organization that she came to the US on? she also used to volunteer the last time that she was here at the local history museum. do we include that as well?

form i-864

i have my 2010 income taxes but not the 2009 or the 2008 taxes because i lived overseas/was traveling and i did not have any source of income that i reported to the USA. i have the 2007 taxes but i have misplaced all other tax returns. what to do?

form i-864 part 5:sponsors household size

the numbers do not add up! the person i am sponsoring is my wife so i have her marked down twice, 1 for "a": the person i am sponsoring and 1 for "c": my spouse. so the lines add up to 3 but there are only two of us. just being sure!

form i-864

if i want to use another person for an affidavit of support that does not live in my household do they fill out an i-864 or a different affidavit of support?

form i-765 question 16

what is the eligibility number for the parenthesis'? is it ( a )( 6 ) or ( C )( 9 )? on the uscis website the information is kind of conflicting. it states, "K-1 Non-immigrant Fiance(e) of U.S. citizen or K-2 dependent--(a)(6)File form 765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment ( c )( 9 ).

form i-131

she does not intend to travel. i assume that she does not fill out part 3 and 4?

form i-131 question 3 and form 1-485

for the class of admission is it "K-1"?

form g-325a

very bottom, "this form is submitted in connection with an application for:......." im guessing status as permanent resident?

[Inky 1,111]

Please see the example forms for help filling out the questions. They are A LOT of help when you don't know what to put for the answers/boxes

485 example form http://www.visajourney.com/examples/INS-Form-I-485.pdf

325 example form http://www.visajourney.com/examples/INS-Form-G-325A-aos.pdf

765 example form http://www.visajourney.com/examples/INS-Form-I-765.pdf

131 example form http://www.visajourney.com/examples/INS-Form-I-131.pdf

All example forms can be found on VJ here http://www.visajourney.com/content/examples

Your questions can be answered by viewing the example forms.

A volunteer job is not listed on part 3 C of the 485 neither is an Au pair job.

[VanessaTony 3,567]

Q1. form i-485 what is the current USCIS status for her? i have heard either "k-1" or "temporary permanent residence" will suffice. is that correct?

No. The answer is K1. She is NOT a "temporary permanent resident". She is here on a visa. She has no legal status once her I-94 expires. Once she files AOS she is in a temporary protected status. Do not confuse the two. And especially she can NEVER claim to be a citizen unless she naturalizes. This is VERY important.

Q2. form i-485 part 3C: processing information she used to be an Au Pair (nanny) in america a few years ago. do we list that organization that she came to the US on? she also used to volunteer the last time that she was here at the local history museum. do we include that as well?

No idea. Someone else answered above

Q3. form i-864 i have my 2010 income taxes but not the 2009 or the 2008 taxes because i lived overseas/was traveling and i did not have any source of income that i reported to the USA. i have the 2007 taxes but i have misplaced all other tax returns. what to do?

This is explained in the instructions for the I-864. If you were not required to submit returns you must include letters explaining why

Q4. form i-864 part 5:sponsors household size the numbers do not add up! the person i am sponsoring is my wife so i have her marked down twice, 1 for "a": the person i am sponsoring and 1 for "c": my spouse. so the lines add up to 3 but there are only two of us. just being sure!

Again the form answers this question with the statement at the start of that questions "DO NOT COUNT ANYONE TWICE". Your wife is the immigrant. She is not your wife for the purposes of this form.

Q5. form i-864if i want to use another person for an affidavit of support that does not live in my household do they fill out an i-864 or a different affidavit of support?

They complete their own I-864. They must include supporting tax documentation as well as proof of being a USC or LPR

Q6. form i-765 question 16 what is the eligibility number for the parenthesis'? is it ( a )( 6 ) or ( C )( 9 )? on the uscis website the information is kind of conflicting. it states, "K-1 Non-immigrant Fiance(e) of U.S. citizen or K-2 dependent--(a)(6)File form 765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment ( c )( 9 ).

You answered your own question. She is applying based on the pending AOS so it's C9

Q7. form i-131 she does not intend to travel. i assume that she does not fill out part 3 and 4?

You assume wrong. PLEASE read the forms more carefully. At Part 3 you can enter unknown in the two spaces but THEN following Q3 in part 3 it says "If applying for Advanced Parole proceed to part 7". So of couse you are skipping part 4, as well as 5 and 6. See the example forms.

Q8. form i-131 question 3 and form 1-485 for the class of admission is it "K-1"?

Yes. See the example forms.

Q9. form g-325a very bottom, "this form is submitted in connection with an application for:......." im guessing status as permanent resident?

Yep.

Edited December 6, 2011 by Vanessa&Tony

[thaigift 0]

thank you for taking the time to respond to me. i really appreciate it!