Adjustment of Status

[bigdog 377]

You need both EAD and AP if you want to travel or work before you get your GC.

[Athena13 10]

You need both EAD and AP if you want to travel or work before you get your GC.

and lately i wonder if thie GC means the temporary one we get when applying AOS (form i-485) or the permanent one we get 3 years from the temp one?

cos if the non-USC is not going to work or going outside USA before getting the temp GC, then he/she doesn't need to apply for EAD and AP with i-485, right? Just wait for i-485 to be approved, get temp GC and this person can work and re-enter USA. Is this right?

[grrrrreat 109]

and lately i wonder if thie GC means the temporary one we get when applying AOS (form i-485) or the permanent one we get 3 years from the temp one?

cos if the non-USC is not going to work or going outside USA before getting the temp GC, then he/she doesn't need to apply for EAD and AP with i-485, right? Just wait for i-485 to be approved, get temp GC and this person can work and re-enter USA. Is this right?

You're a little confused. At the end of adjustment of status, you get a conditional permanent resident card (GC), not a temporary one (if you have been married less than 2 years). And after two years, you can apply for a permanent resident card. They are both Green Cards and you are a permanent resident with both, but one has conditions. And either permits you to work or to leave the U.S. and reenter.

If you're not going to work or leave the U.S. during the adjustment process then no, EAD and AP aren't required. But they are free, and it's very easy to apply for them, so why not? It takes several months to adjust status, and you don't know what might happen that would make you want to work or leave the U.S. urgently (like unemployment or family sickness!)

The only people I wouldn't request an EAD for are small children, because they can't work. I would always get an AP.

[KayDeeCee 4,896]

and lately i wonder if thie GC means the temporary one we get when applying AOS (form i-485) or the permanent one we get 3 years from the temp one?

cos if the non-USC is not going to work or going outside USA before getting the temp GC, then he/she doesn't need to apply for EAD and AP with i-485, right? Just wait for i-485 to be approved, get temp GC and this person can work and re-enter USA. Is this right?

Yes, you will be getting a 2 year conditional green card, and then you need to file to remove conditions on it 90 days before it expires in order to be approved for the 10 year green card. Both green cards work exactly the same, allowing you permanent residence and the ability to work and travel internationally.

AOS is taking longer than it used to though, and people are waiting 6 months or longer to be approved. EAD and AP are free when filing with the I-485, so you might as well do so. A lot of states require at least the EAD in order to get a drivers license or state ID, and if you have an emergency you need to travel outside the US for before getting your green card, you will be thankful you have the AP.

[causeimyellow 0]

AP- advanced parole

EAD - employment authorisation (don't know what is D, maybe document)

you didn't need to get those?

So applying for AP and EAD is required in order to apply for AOS?

[causeimyellow 0]

Yes, you will be getting a 2 year conditional green card, and then you need to file to remove conditions on it 90 days before it expires in order to be approved for the 10 year green card. Both green cards work exactly the same, allowing you permanent residence and the ability to work and travel internationally.

AOS is taking longer than it used to though, and people are waiting 6 months or longer to be approved. EAD and AP are free when filing with the I-485, so you might as well do so. A lot of states require at least the EAD in order to get a drivers license or state ID, and if you have an emergency you need to travel outside the US for before getting your green card, you will be thankful you have the AP.

So are you saying when I apply for I-495, and I include EAD and AP application, then I don't have to pay the fees? Should I send in all three applications together at the same time through mail?

[xjoseyx 19]

So are you saying when I apply for I-495, and I include EAD and AP application, then I don't have to pay the fees? Should I send in all three applications together at the same time through mail?

Send all 3 applications together along with a check for $1070 which covers the cost of those applications.

[KayDeeCee 4,896]

So are you saying when I apply for I-495, and I include EAD and AP application, then I don't have to pay the fees? Should I send in all three applications together at the same time through mail?

Yes, the fees for the EAD and AP are waived when filing with a pending I-485. Send all 3 forms and their supporting documents together in one envelope with one check for $1070(the cost of the I-485). Filing for the EAD and AP are not required, but they are free because you are filing the I-485 so you might as well file for them too. The EAD/AP combo card will allow you to work and re-enter the US if you should need to travel outside the US while waiting for your green card to be approved. http://www.visajourney.com/content/k1k3aos

Edited June 29, 2012 by Jay-Kay

[Darnell 8,479]

So are you saying when I apply for I-495, and I include EAD and AP application, then I don't have to pay the fees? Should I send in all three applications together at the same time through mail?

YES ! You still have to pay the I-485 fee, however

[causeimyellow 0]

"K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F"

Sadly I cannot find this document as I thought I didn't need it anymore. I read from the USCIS website that I can request a duplicate copy of it but it will cost me $405 Is this true?

Also I have a question regarding I-864, Affidavit of Support. I was a College Student and I had my parents sponsor my fiancee with their income. What supporting documents do I need to send in? Because in the original k-1 process I sent in my student verification letter along with my parents employment verification letters and their tax returns. I haven't received any of those documents back from them. So for me to come up with the documentation again will be time consuming. Can someone please answer this?

[JimVaPhuong 4,863]

"K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F"

Sadly I cannot find this document as I thought I didn't need it anymore. I read from the USCIS website that I can request a duplicate copy of it but it will cost me $405 Is this true?

An application for adjustment of status must be based on an underlying petition. If you don't submit a petition with the I-485 then you must submit proof that a petition was previously submitted. In your case, the underlying petition is the I-129F. You need the NOA2 to prove that you're eligible for adjustment of status based on that petition. However, you only need a copy of it. If you've got a photocopy of it somewhere then make a second generation copy and send that. If you have no copy whatever then you'll either need to submit an I-824 to obtain another copy of it, or you can submit an I-130 petition with the I-485. The I-824 will cost $405, and you'll have to wait about 3 months for the copy to arrive. An I-130 would cost $420, but you can submit that concurrently with the I-485, thereby eliminating the wait.

Also I have a question regarding I-864, Affidavit of Support. I was a College Student and I had my parents sponsor my fiancee with their income. What supporting documents do I need to send in? Because in the original k-1 process I sent in my student verification letter along with my parents employment verification letters and their tax returns. I haven't received any of those documents back from them. So for me to come up with the documentation again will be time consuming. Can someone please answer this?

You must submit an I-864. Read the form instructions carefully. You'll need to submit a copy of your most recent tax return. If you didn't file because your income wasn't sufficient then you need to include a letter stating this. The Adjudicators Field Manual has this to say:

If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file.

...

Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling Form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an

RFE

for evidence of the law is not necess ary. In particular, the Instruction booklets for each year’s Forms 1040, 1040A, and 1040EZ specify the income threshold below which a person is not required to file a return.

Reading this literally, you need to submit a sworn statement indicating your income level for the year and that you weren't legally required to file a return.

Which form your joint sponsor submits depends on some factors. If they live with you as a qualifying relative (a parent would qualify) then they can submit an I-864A. The I-864A is a contract between the joint sponsor and you, where the joint sponsor is promising to make their income available to you in order to help support the immigrant. You and the joint sponsor both sign the I-864A (in the appropriate places), and their income is carried over onto your I-864 to make your combined income sufficient. If your joint sponsor doesn't live with you then they submit an I-864. If they are submitting an I-864 then other qualifying members of their household (spouse, for example) can submit an I-864A to combine income with them. Regardless of which form is submitted, the most recent tax return will also be required, as well as proof that they are either a US citizen or permanent resident. They must also be domiciled in the US.

This stuff is all covered in the form instructions. Read them carefully.