AOS packet

[sunandmoon 450]

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.

a K-1 Visa is non-immigrant because the is no immediate relative or family member basis. it is processed by the Immigrant Visa Unit at the Embassy because some of the requirements are the same as an immigrant visa.

[sunandmoon 450]

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

That's one thing that probably can be agreed on, but not for the same reason...

[VanessaTony 3,567]

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

No you're NOT petitioning USCIS to permit her to become a CPR. SHE is applying for USCIS to change her status from K1 to conditional LPR. The I-864 is a sponsorship form. Your FIANCEE was the beneficiary of your petition. You petitioned for permission for HER to apply for a visa. Now SHE is here on a K1 visa and is now your wife. Your wife is applying to change her status from K1 visa to conditional LPR.

The I-131 and I-765 state nothing about you. The I-751 and N-400 have a section where you affirm that you're still together and happy. But you're not needed. She can file without you, there's just a section where you CAN be included.

The I-485 only needs evidence of co-mingling. Yes this means you need to add her to bank accounts and other stuff but you're basically just the husband and sponsor. She can also apply for I-485 without you (in certain circumstances).

Changing the wording from "beneficiary" to applicant EXPLAINS the process. This is HER process, not yours. You seem obsessed with the idea that this is about you. That you are being so benevolent in permitting her to AOS etc.

Edited January 3, 2012 by Vanessa&Tony

[Ellesse 11]

No you're NOT petitioning USCIS to permit her to become a CPR. SHE is applying for USCIS to change her status from K1 to conditional LPR. The I-864 is a sponsorship form. Your FIANCEE was the beneficiary of your petition. You petitioned for permission for HER to apply for a visa. Now SHE is here on a K1 visa and is now your wife. Your wife is applying to change her status from K1 visa to conditional LPR.

The I-131 and I-765 state nothing about you. The I-751 and N-400 have a section where you affirm that you're still together and happy. But you're not needed. She can file without you, there's just a section where you CAN be included.

The I-485 only needs evidence of co-mingling. Yes this means you need to add her to bank accounts and other stuff but you're basically just the husband and sponsor. She can also apply for I-485 without you (in certain circumstances).

Changing the wording from "beneficiary" to applicant EXPLAINS the process. This is HER process, not yours. You seem obsessed with the idea that this is about you. That you are being so benevolent in permitting her to AOS etc.

Couldn't agree more.

Given that you are explaining the process to other family members as well, Darren, I would have thought using terminology that is also used by USCIS would be a good idea. Moving from one process to another means that terminology is likely to change, and this can be explained easily (as has been shown in in this thread). Not changing it seems to be a bit patronising, IMO.

L

[Tahoma 2,292]

I worked in government and the medical field for a few years, so i have seen how things work.

[dindo and patty 20]

FWIW...I used the I-864EZ for Patty's AOS application. There was no RFE thank goodness! We're scheduled for an interview on January 27.

[rin and john 71]

The I-864EZ and I-864 are virtually the same document. The I-864 has two more sections. It has part 3 (simply checking a box indicating you are sponsoring the individual in part 2) and a part 7 for use of supplemental assets and is clearly marked "optional". So in essence, filling out either with only annual income requires the same amount of time and information.

http://www.uscis.gov/files/form/i-864ez.pdf

http://www.uscis.gov/files/form/i-864.pdf

Why anyone would use the I-864EZ when the instructions are ambiguous is beyond me.

[Rebecca Jo 1,962]

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

Now you are starting to pi$$ me off.

Stop acting like a male chauvanist pig.

A USC husband does not have to have one red cent to "sponsor" his foreign born wife. All he has to do is sign the I864. Another person entirely can put up the cash by signing a separate I-864.

"Chivalry" has ZERO to do with this process. You really need to get over yourself.

[Darnell 8,479]

The USCIS will not allow her to be here at the present time

Uh Oh - So she's going back, soonish? oy veh!

[Tahoma 2,292]

I was amazed that I didn't get an RFE from the USCIS when they were adjudicating my I-129F. The reason I was amazed was because none of the tick-mark boxes on my I-129F were ticked. None of them. Yet my I-129F was approved and made it all the way to the Embassy where the consular officer issued a 221g to Chinook. The interesting thing about the 221g is that the consular officer only cared about one box not being ticked, and didn't care about the rest of the unticked boxes.

So, I guess anything can happen, even an I-864EZ getting approved when an I-864 should have been used. After all, as one poster pointed out, they are nearly the same form. In the end, it's up to the USCIS.

However, I'm left wondering why anyone would think they should not use the I-864.

These DOS instructions are very clear to me:

"The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage."

These USCIS instructions also are clear me:

"Supporting Evidence for the Form I-485

You should submit all of the following evidence and documentation with your application:

Two passport-style photos

Form G-325A, Biographic Information

Copy of your government issued photo identification

Copy of your birth certificate

Copy of passport page with nonimmigrant visa

Copy of passport page with admission (entry) or parole stamp

Form I-94, Admission/Departure Record

Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)

Form I-693, Report of Medical Examination and Vaccination Record, if applicable

Form I-864, Affidavit of Support

Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4)

Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.)

Applicable filing fees"

[Tahoma 2,292]

Of course, the USCIS and the Department of State could be wrong, and Darren could be right.

[Rebecca Jo 1,962]

I was amazed that I didn't get an RFE from the USCIS when they were adjudicating my I-129F. The reason I was amazed was because none of the tick-mark boxes on my I-129F were ticked. None of them. Yet my I-129F was approved and made it all the way to the Embassy where the consular officer issued a 221g to Chinook.

This happens at the adjustment interview as well. People have been "RFE'd" for a new financial statement.

I do hope dindo and patty come back and let us know if their I864EZ was accepted. Maybe we've all hit upon something new!

[KayDeeCee 4,896]

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

I can assure you that chivalry had NOTHING to with my husband filing for AOS to get his green card and me signing the I-864 he needed to include.

What a load of bunk.

You are not petitioning the government to allow her to stay. SHE is sending in the proper forms asking that the USCIS adjust HER status to permanent resident. Once she files for AOS, she is in a period of authorized stay, so yes, the USCIS does allow her to be here at this time. There is no deadline for filing AOS. She married you within the 90 days, fulfilling the terms of her K-1 visa entry.

[sunandmoon 450]

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

Darren, your petitioning ended with the I-129f. you seem to be putting a spin on things to be the one in control.

[Ban Hammer 13,694]

darren, this is a binary solution set:

1 - ignore the advice offered here and submit the ez form and hope

2 - follow the advice and submit the form recommended by the guides and members