K1 - AOS

[gflower 0]

My K-1 visa just arrived. I plan to enter the US on the 6th of February which means my K-1 90 days will run out on about the 5th of May. We plan to marry on the 28th of April which is exactly a week before my K-1 expires. Will this be enough time to file AOS?

Is there anything I can do before we marry to make sure the AOS is as well prepared as possible? Please let me know your thoughts, and what I can do to make this as flawless and as smooth as possible.

Please let me know exactly what I need to do for AOS. We had a lawyer for the beginning of this K-1 process which wasn't money well spent. We will do AOS ourselves but both feel a bit inexperienced so far.

Any help or guidance would be hugely appreciated.

Thank you in advance

[Inky 1,111]

Filing AOS does not have a timeline. You can file it anytime after the I-94 expires.

[gflower 0]

Filing AOS does not have a timeline. You can file it anytime after the I-94 expires.

interesting. hypothetically, if we'd been married for a year would i still be allowed to apply for AOS without getting into trouble after that long?

i'm a worker, so i'd like to file AOS to ensure my work permit and travel permit come as soon as possible.

sorry if i am asking questions that have been asked again and again, i am just a bit out of the loop.

thank you.

[ceadsearc 516]

You'd be able to, but the time in between would be time you were out of status, subject to detention, and unable to work. Additionally, you'd incur a ban if you left the country before receiving your green card.

[gflower 0]

You'd be able to, but the time in between would be time you were out of status, subject to detention, and unable to work. Additionally, you'd incur a ban if you left the country before receiving your green card.

Cool. We plan to file AOS asap for those reasons.

Would you be able to direct me to a page where I can get the best info for exactly what I need to do for the AOS process?

My fiance's mother was our affidavit of support in the K-1 visa process. I presented her financial details at the interview. Does this mean she must be our affidavit of support for the AOS too?

Thanks.

[ceadsearc 516]

VisaJourney has a great guide. http://www.visajourney.com/content/k1k3aos

Your MIL doesn't have to be a co-sponsor for the AOS. It's entirely up to you.

[VanessaTony 3,567]

Cool. We plan to file AOS asap for those reasons.

Would you be able to direct me to a page where I can get the best info for exactly what I need to do for the AOS process?

My fiance's mother was our affidavit of support in the K-1 visa process. I presented her financial details at the interview. Does this mean she must be our affidavit of support for the AOS too?

Thanks.

Try this thread: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

Your MIL can be your joint sponsor again if she agrees to it, but she doesn't have to be. Totally up to you, as long as you meet the financial requirements.

[EV11 18]

Firstly, let me say that I heavily relied on Vanessa&Tony's guide to filing my AOS/EAD/AP - it was fantastic! Although I am waiting for my green card approval I got my EAD and AP with no problems and I have yet to receive a RFE on my green card (touch wood!)

In terms of things to get ready for, I would say:

Ordering Tax return/tax transcripts - you may have kept copies of these from you K1 interview, if not you need to order them again. No rush though as you are not getting married until April but be aware they can take a couple of weeks to get depending on how you choose to receive them. Some people include 3 years worth of tax transcripts/returns in their application but you are only required to include last year's tax transcripts/return.

Proof of citizenship - If you're using a co-sponsor you need to include proof of their US citizenship (passport/birth certificate)

Marriage Certificate - When me and my husband got married we asked the officiant if we could take our signed marriage licence to the City Clerk's office ourselves rather than waiting on him to send it in, that way we could literally go in the next day and get the marriage certificate there and then. There is some debate over this but I paid $10 and got a certified copy of my marriage certificate to add to the AOS application rather than simply making a photocopy of my original certificate (some people have got RFE'S for not using a certified marriage certificate in their AOS applications, whilst others got away with using photocopies. I just didn't want to take the risk). I did just photocopy my marriage certificate for the EAD/AP applications though as it was just used to prove name change.

Form I-693 - There is great contention over whether you need to include this form at all, so I am going to just explain it and then you can make you own decision on it.

When you went to Knightsbridge you will have been given a vaccination record (keep it safe) because when you send in you AOS package you will need to send in a photocopy of that vaccination record to show you have met all vaccination requirements. Some people however have got RFE's for simply sending in a photocopy of that vaccination sheet and for not sending in the form I-693, which is a form signed off by a civil surgeon stating that your vaccinations are up to date and correct. All the civil surgeon should have to do is transcribe your info from your knightsbridge form into the vaccination section of the I-693 and then sign it. They will put it in a sealed envelope - do not open it. Just send it off like that. Of course if you need more vaccinations/x-rays etc on arrival you will have to go to a civil surgeon anyway. If your case is as simple as transcribing your vaccination record though, don't let the civil surgeons convince you that you need to do another full medical. You don't. The transcription should cost know more than $50.

Sorry for the long response I just remember the feeling of not knowing what to do next. No need to worry about any of these points right now but at least you can feel prepared later on, but you should definitely rely on Vanessa's guide - awesome!

Edited January 20, 2012 by EV11

[Nich-Nick 3,354]

....which is exactly a week before my K-1 expires.

The visa actually expires the day you use it to enter the US

Is there anything I can do before we marry to make sure the AOS is as well prepared as possible? Please let me know your thoughts, and what I can do to make this as flawless and as smooth as possible.

There's a very similar thread going in the UK forum that might help too http://www.visajourney.com/forums/topic/347808-getting-things-ready-for-aos-aed-ap/

[gflower 0]

Firstly, let me say that I heavily relied on Vanessa&Tony's guide to filing my AOS/EAD/AP - it was fantastic! Although I am waiting for my green card approval I got my EAD and AP with no problems and I have yet to receive a RFE on my green card (touch wood!)

In terms of things to get ready for, I would say:

Ordering Tax return/tax transcripts - you may have kept copies of these from you K1 interview, if not you need to order them again. No rush though as you are not getting married until April but be aware they can take a couple of weeks to get depending on how you choose to receive them. Some people include 3 years worth of tax transcripts/returns in their application but you are only required to include last year's tax transcripts/return.

Proof of citizenship - If you're using a co-sponsor you need to include proof of their US citizenship (passport/birth certificate)

Marriage Certificate - When me and my husband got married we asked the officiant if we could take our signed marriage licence to the City Clerk's office ourselves rather than waiting on him to send it in, that way we could literally go in the next day and get the marriage certificate there and then. There is some debate over this but I paid $10 and got a certified copy of my marriage certificate to add to the AOS application rather than simply making a photocopy of my original certificate (some people have got RFE'S for not using a certified marriage certificate in their AOS applications, whilst others got away with using photocopies. I just didn't want to take the risk). I did just photocopy my marriage certificate for the EAD/AP applications though as it was just used to prove name change.

Form I-693 - There is great contention over whether you need to include this form at all, so I am going to just explain it and then you can make you own decision on it.

When you went to Knightsbridge you will have been given a vaccination record (keep it safe) because when you send in you AOS package you will need to send in a photocopy of that vaccination record to show you have met all vaccination requirements. Some people however have got RFE's for simply sending in a photocopy of that vaccination sheet and for not sending in the form I-693, which is a form signed off by a civil surgeon stating that your vaccinations are up to date and correct. All the civil surgeon should have to do is transcribe your info from your knightsbridge form into the vaccination section of the I-693 and then sign it. They will put it in a sealed envelope - do not open it. Just send it off like that. Of course if you need more vaccinations/x-rays etc on arrival you will have to go to a civil surgeon anyway. If your case is as simple as transcribing your vaccination record though, don't let the civil surgeons convince you that you need to do another full medical. You don't. The transcription should cost know more than $50.

Sorry for the long response I just remember the feeling of not knowing what to do next. No need to worry about any of these points right now but at least you can feel prepared later on, but you should definitely rely on Vanessa's guide - awesome!

Thank you for your long winded response. Its exactly what I was looking for! I will definitely follow your advice.