AOS packet

[VanessaTony 3,567]

Beneficiary: Applicant. It is HER process, not yours. You are just the sponsor.

I-485

• G-1145 Yes
  
• G-325a Yes
  
• I-693 -- page 1 and vaccination page -- completed by recognized physician. Yes
  
• I-864EZ I-864, not I-864EZ
  
• copy of birth certificate And translation if required
  
• Copy of visa passport page Yes
  
• certified marriage certificate Copy
  
• copy of I-94 Yes
  
• copy of NOA2 Yes
  
• certified divorce papers for petitioner sponsor and copies
  
• copy of previous year's tax forms including w-2 and 1099 for petitioner IRS transcripts are better
  
• Two 2"x2" passport photos for beneficiary Applicant with name and alien number on back in pencil
  
• Fee: $1070
  

I-765

• Photos and supporting documentation
  

I-131

• I-131 qualifying letter Not required when applying with AOS
  
• Photos and supporting documentation
  

Please see the AOS thread in my signature.

Edited January 3, 2012 by Vanessa&Tony

[gretchen_darren 67]

referring to beneficiary is just to flow through the process from the I-129F K-1 process. We are making sure of the process. I am calling USCIS to clear up the I-864ez form. It seems page 3 through end is contradicting page 1 and 2. which is typical of a form. The step by step instructions tend to go into more detail, then the first couple of pages which is why I suggest reading the whole instructions.

the other tips are helpful.

the Marriage certificate, we are waiting on filing from the minister. The copy at the wedding is just a souvenir copy. It is not legitimate until registered in court. So just as easy getting a 2nd certified copy as is making a copy.

Having the extra photos helps as well. treating each form as separate in the package.

[sunandmoon 450]

Darren, the I-864 is only 3 pages more than The I-864EZ. do yourself a favor, don't worry about saving a tree and risking an RFE. remember what happened when you had conflicting info about St. Lukes. file the I-864.

[VanessaTony 3,567]

referring to beneficiary is just to flow through the process from the I-129F K-1 process. We are making sure of the process. I am calling USCIS to clear up the I-864ez form. It seems page 3 through end is contradicting page 1 and 2. which is typical of a form. The step by step instructions tend to go into more detail, then the first couple of pages which is why I suggest reading the whole instructions.

I read the whole instructions. They still imply you're not eligible (I challenge that page 3, part 1c you would select "no" because it's NOT an "immigrant petition" and therefore you're ineligible. A K1 is a non-immigrant visa but the first page is the "who can" and you MUST fulfil the requirements on page 1 which you don't) and as someone else said it's 3 extra pages so just don't risk it.

I also wouldn't waste time calling USCIS on the 1800 number. It's nicknamed the "misinformation line" for a reason. They tell you that K1's require an I-130, that there's a deadline for AOS and all manner of other wrong information. Once in a while you get a good person but usually you don't.

[gretchen_darren 67]

so our list now is: Please note beneficiary is the applicant (this beneficiary/petitioner just makes it clearer for us to follow from the K-1 embassy process since some documents come from that step.)

Main forms:

I-485 -- beneficiary

G-1145 --beneficiary

I-864EZ -- petitioner (or I-864 depending on USCIS clarification)

G-325a - beneficiary updated information

I-693 -- beneficiary page 1 and part 2: vaccination page, part 5 -- completed by recognized physician.

copy of beneficiary's birth certificate

Copy of beneficiary's visa passport page

Copy of beneficiary's information passport page

certified marriage certificate

copy of I-94 - beneficiary

copy of NOA2

certified divorce papers for petitioner

copy of previous year's tax forms including w-2 and 1099 for petitioner

Two 2"x2" passport photos for beneficiary

========================================

I-765 -- beneficiary

G-1145 -- beneficiary

Two 2"x2" passport photos for beneficiary

copy of I-94 (not required under © (9) filing, but including.

========================================

I-131 -- beneficiary

G-1145 -- beneficiary

copy of I-94 -- beneficiary

Copy of beneficiary's information passport page

Two 2"x2" passport photos for beneficiary

I-131 qualifying letter -- beneficiary

=========================================

Fee to enclose in filing: $1070

[gretchen_darren 67]

I read the whole instructions. They still imply you're not eligible (I challenge that page 3, part 1c you would select "no" because it's NOT an "immigrant petition" and therefore you're ineligible. A K1 is a non-immigrant visa but the first page is the "who can" and you MUST fulfil the requirements on page 1 which you don't) and as someone else said it's 3 extra pages so just don't risk it.

I also wouldn't waste time calling USCIS on the 1800 number. It's nicknamed the "misinformation line" for a reason. They tell you that K1's require an I-130, that there's a deadline for AOS and all manner of other wrong information. Once in a while you get a good person but usually you don't.

A K-1 is considered an immigrant visa at the embassy. When you schedule K-1 interview, it is scheduled under the immigrant section, not the non-immigrant section. A K-1 is a "special" visa. The process starts as non-immigrant because the underlying principle is marriage. If you do not marry in 90 day period in the US, you are not considered an "immigrant". Not allowing I-129F but allowing I-130 is discrimination, since both are the same. One is family before entering the US, one is family after entering the US.

When you go to perform AOS as a K-1, you are changing to an immigrant with conditional status.

This is a case where I am going to try it. If I get an RFE or a rejection, I can fill it out. If I don't get an RFE, think of all the frustration I just saved.

[sunandmoon 450]

This is a case where I am going to try it. If I get an RFE or a rejection, I can fill it out. If I don't get an RFE, think of all the frustration I just saved.

why would it be frustrating to file an I-864. your logic seems to be reversed.

[Rebecca Jo 1,962]

A K-1 is considered an immigrant visa at the embassy. When you schedule K-1 interview, it is scheduled under the immigrant section, not the non-immigrant section. A K-1 is a "special" visa. The process starts as non-immigrant because the underlying principle is marriage. If you do not marry in 90 day period in the US, you are not considered an "immigrant". Not allowing I-129F but allowing I-130 is discrimination, since both are the same. One is family before entering the US, one is family after entering the US.

When you go to perform AOS as a K-1, you are changing to an immigrant with conditional status.

This is a case where I am going to try it. If I get an RFE or a rejection, I can fill it out. If I don't get an RFE, think of all the frustration I just saved.

Discrimination?

why would it be frustrating to file an I-864. your logic seems to be reversed.

Exactly.

Darren, Gretchen is no longer your "beneficiary". Everything filed from now on will be hers, not yours.

referring to beneficiary is just to flow through the process from the I-129F K-1 process. We are making sure of the process. I am calling USCIS to clear up the I-864ez form. It seems page 3 through end is contradicting page 1 and 2. which is typical of a form. The step by step instructions tend to go into more detail, then the first couple of pages which is why I suggest reading the whole instructions.

the other tips are helpful.

the Marriage certificate, we are waiting on filing from the minister. The copy at the wedding is just a souvenir copy. It is not legitimate until registered in court. So just as easy getting a 2nd certified copy as is making a copy.

Having the extra photos helps as well. treating each form as separate in the package.

It is "typical" of a government form to outline the basic instructions in the first couple of pages. What part of "who can file this form" do you not understand?

[KayDeeCee 4,893]

No the instructions are not contradictory. How about this, right from page 2 of the instructions:

Only the U.S. citizen or lawful permanent resident who filed a

Form I-130 relative visa petition for a family member, may

complete this form.

That is what I got out of reading the instructions on page 1 even. It says you must have filed an I-130. BUT, he was insisting the instructions on page 3 outweighed the other ones and seemed to have his mind made up, so yeah... *shrugs*

[Ellesse 11]

Darren

Not sure why you are asking for advice when you are then ignoring what is being said to you? Please note that there are members of VJ in this thread who have already been through AOS and had it approved (and who are stating that the I864-EZ is not the correct form to use), which would suggest they know what they're talking about. Additionally, there are other threads that already give a complete list of what is required (like Vanessa's, for example, which I thought was really useful and was one of the documents I used when filing) which you could have a look at if you're not sure.

As Vanessa has mentioned, USCIS do not always get their facts straight, so why not take on board the advice of people who have been there and done that? If not, not sure why you posted the topic.

L

[Darnell 8,478]

Please let us know your detailed steps for obtaining 'USCIS Clarification'.

Thanks in advance !

[Harpa Timsah 13,258]

K-1 is a non-immigrant visa. It doesn't matter what the embassy thinks, because they are not involved in the process anymore. Their organizing K-1 with immigrant visa unit has to do with their bureaucratic schema, not the DOS visa classification. K-1 is a non-immigrant visa.

[gretchen_darren 67]

I am looking at what I need for the packet to be complete. Apart from the debate on the I-864 form. Just let that one go. It is a useless debate with too many open-ended interpretations based on the instructions themselves. It depends on if you use page 3 or page 1. To me, the step by step instructions would be more important than the "guidelines" of page 1 and 2. But then again, I worked in government and the medical field for a few years, so i have seen how things work.

My main question was what was needed in the packet. Everyone has been jumping all over the I-864 form. All i wanted to know is what was needed for each section. the i-485, the I-131, and the I-765. If the I-864 is wrong, let me deal with it.

[sunandmoon 450]

I am looking at what I need for the packet to be complete. Apart from the debate on the I-864 form. Just let that one go. It is a useless debate with too many open-ended interpretations based on the instructions themselves. It depends on if you use page 3 or page 1. To me, the step by step instructions would be more important than the "guidelines" of page 1 and 2. But then again, I worked in government and the medical field for a few years, so i have seen how things work.

My main question was what was needed in the packet. Everyone has been jumping all over the I-864 form. All i wanted to know is what was needed for each section. the i-485, the I-131, and the I-765. If the I-864 is wrong, let me deal with it.

Dareen, maybe it's not beneficial to you, maybe it will be to someone who wants to know the correct form to file.

[gretchen_darren 67]

please note, that the only form in which no information is needed from me, is NONE of them. Even the N-400 needs information about me. Please note the applications are in her name, and her signature. However, in keeping in the understanding of the forms it is easier for her and I to understand through beneficiary and petitioner. Please note, with her and I, we are just not going through ourselves. But also helping other extended family members with their process as well. By using hte beneficiary and petitioner, it is helping her to understand the process. Changing wording in the process is adding to confusion.

If you look at the forms. I am petitioning the USCIS to permit her to become an CPR, then an LPR based on marriage and my income. I am making the petition to be responsible for her, if you read the contract on the I-864/I-864EZ form. My wife is the applicant or beneficiary of my petition. I am using my income to show I am responsible for the beneficiary. the I-485, I-131, I-765, I-751, N-400 all to some part and extent rely on me aiding her. Without me saying, I will provide for her. I will honor her. I will love her. I will accept responsibility for her. I will marry her. The USCIS will not allow her to be here at the present time. Because of my income, because of my willingness to love her as my wife. Because I wish her to be here, I am petitioning the government saying I will be responsible for her. She is the beneficiary of my petition. She is the beneficiary of me accepting responsibility for her. Chivalry is not dead. It is just people have gotten used to not being treated with proper etiquette. http://www.middle-ages.org.uk/knights-code-of-chivalry.htm