We've been approved, so I'd love to hear advice on next step please.

[tru_loves_journey 117]

[G. Rod 0]

Thank ya so much.

Alrighty, so far I'm all caught up. I didn't have a link to this guide right here: http://www.visajourney.com/content/k1k3aos

Thanks to those who posted it up. Looks like we are on the right track, was completely clueless about the estimated waiting time.

Two things still confuse at the moment.

In the AOS guide link you guys posted in this thread, it says an I-864, Affidavit of Support is necessary. Do we fill out another affidavit of support the exact same way that we had it when she went to the interview? Meaning one for myself and another for our joint-sponser the same way?

I'm not really sure what I-131, Application for Travel Document is used for. Does this have to be filled out even though she won't plan on visiting her homeland during the AOS/GC process?

Edited August 4, 2012 by G. Rod

[Sirdaniel42 86]

In the AOS guide link you guys posted in this thread, it says an I-864, Affidavit of Support is necessary. Do we fill out another affidavit of support the exact same way that we had it when she went to the interview? Meaning one for myself and another for our joint-sponser the same way?

I'm not really sure what I-131, Application for Travel Document is used for. Does this have to be filled out even though she won't plan on visiting her homeland during the AOS/GC process?

Yes you need to fill out a new Affidavit of Support using form I-864, this is where the USC sponsor signs the contract with the Goverment!!

For the travel document, it is better safe then sorry and when filed at the same time as AOS it is free.

Congratulations on your K-1

[G. Rod 0]

Yes you need to fill out a new Affidavit of Support using form I-864, this is where the USC sponsor signs the contract with the Goverment!!

Ah, okay. Thank you. Would it be wise to submit one for myself and another for the joint sponser that we're having?

For the travel document, it is better safe then sorry and when filed at the same time as AOS it is free.

Whoa! If we file for a I-131 at the same time we file for AOS, it's free?

If she doesn't plan on taveling back to Belgium until after she recieves her Green Card, can we just skip it?

Congratulations on your K-1

Thank you, Daniel.

[Que Saudade 284]

Ah, okay. Thank you. Would it be wise to submit one for myself and another for the joint sponser that we're having?

Whoa! If we file for a I-131 at the same time we file for AOS, it's free?

If she doesn't plan on taveling back to Belgium until after she recieves her Green Card, can we just skip it?

Thank you, Daniel.

You have to meet the same poverty limits as the I-134. So if you do not meet the requirements, you will still need a co-sponsor.

Yes, it is prudent to file the I-485(AOS), I-765(Employment Authorization), and I-131(Advanced Parole) within the same package. The cost is $1070. Typically, the I-765 and I-131 are approved within a couple of months and the I-485 is running about 8-9 months for K1 AOS. As previously said, some move a little faster, some a little longer.

You do not have to file the I-131, but I would recommend it as it does not cost extra; and you never know when an emergency may arise.

Good luck and hope this helps and doesn't confuse you.

Edit: If the employment authorization or AP is filed separately, you pay an extra fee. Hence filing together is cheaper.

Edited August 4, 2012 by Que Saudade

[KayDeeCee 4,893]

Edit: If the employment authorization or AP is filed separately, you pay an extra fee. Hence filing together is cheaper.

That sounds confusing the way it is worded. You CAN file for the EAD separately before filing the I-485 to adjust status, but it would expire when your I-94 does, take about that long to be approved and therefore would be a waste of $380. You cannot file for AP separately before filing for AOS. If you file for the EAD and/or AP with a pending I-485, then the fees for those forms are waived. They do not need to be filed together. If you file the I-485 and then decide you want to file for the EAD and/or AP later, the fees are still waived so long as you include a copy of the NOA receipt from filing your I-485.

To the OP: You do not have to file for AP, but the form is short and easy to fill out and since the fee for it is waived because you are already filing the I-485, then you should probably go ahead and file for it too. The wait for the green card is quite a few months now, so better to be safe and have the AP in case something comes up that would make her need to leave the US before her green card was approved. For instance, no one plans for an emergency, they just happen sometimes, and she cannot leave and re-enter the US without AP or a green card in hand. The I-485, I-765 and I-131 are all separate forms that each require you to include the separate documentation that goes along with each one, but they are all mailed together in one envelope to the same address. The $1070 is the fee for the I-485. It is $1070 with or without filing for the EAD and/or AP.

[Que Saudade 284]

That sounds confusing the way it is worded. You CAN file for the EAD separately before filing the I-485 to adjust status, but it would expire when your I-94 does, take about that long to be approved and therefore would be a waste of $380. You cannot file for AP separately before filing for AOS. If you file for the EAD and/or AP with a pending I-485, then the fees for those forms are waived. They do not need to be filed together. If you file the I-485 and then decide you want to file for the EAD and/or AP later, the fees are still waived so long as you include a copy of the NOA receipt from filing your I-485.

Thanks for clarification.

To the OP, sorry if it confused you

[G. Rod 0]

It's okay, Saudade. Got it all memorized now.

That sounds confusing the way it is worded. You CAN file for the EAD separately before filing the I-485 to adjust status, but it would expire when your I-94 does, take about that long to be approved and therefore would be a waste of $380. You cannot file for AP separately before filing for AOS. If you file for the EAD and/or AP with a pending I-485, then the fees for those forms are waived. They do not need to be filed together. If you file the I-485 and then decide you want to file for the EAD and/or AP later, the fees are still waived so long as you include a copy of the NOA receipt from filing your I-485.

To the OP: You do not have to file for AP, but the form is short and easy to fill out and since the fee for it is waived because you are already filing the I-485, then you should probably go ahead and file for it too. The wait for the green card is quite a few months now, so better to be safe and have the AP in case something comes up that would make her need to leave the US before her green card was approved. For instance, no one plans for an emergency, they just happen sometimes, and she cannot leave and re-enter the US without AP or a green card in hand. The I-485, I-765 and I-131 are all separate forms that each require you to include the separate documentation that goes along with each one, but they are all mailed together in one envelope to the same address. The $1070 is the fee for the I-485. It is $1070 with or without filing for the EAD and/or AP.

Thanks so much for this. Clears up mostly everything. We'll do this all together for the $1070.

Due to family coming to the wedding from overseas, is it alright if we don't marry until like the last month of the 90 days??

Where exactly do we print out form I-94 and does it get submitted when me send everything off along with the $1070?

She'll be able to stay here legally during the time it takes for her Green Card to arrive?

[KayDeeCee 4,893]

It's okay, Saudade. Got it all memorized now.

Thanks so much for this. Clears up mostly everything. We'll do this all together for the $1070.

Due to family coming to the wedding from overseas, is it alright if we don't marry until like the last month of the 90 days??

Where exactly do we print out form I-94 and does it get submitted when me send everything off along with the $1070?

She'll be able to stay here legally during the time it takes for her Green Card to arrive?

Yes, you can marry in the last month. You just have to marry within the 90 days after she enters the US. 90 days is not 3 months though. It is exactly 90 days.

She will fill out the white I-94 form on the airplane or at customs/immigration when entering the US. The CBP officer will staple part of it in her passport with a stamp and date for 90 days later. The K-1 visa becomes null and void, and her status will be based off the I-94 at that point. You send copies of the I-94 with your AOS paperwork.

Yes, she stays in the US. She cannot leave without AP or her green card or she will abandon her AOS and you will have to start over with a spousal visa petition to get her back in the US. Once she files for AOS she will be in an authorized period of stay and her NOA receipt from filing the I-485 would be proof of that. It is another reason to file for AOS as soon as possible.

[G. Rod 0]

Yes, you can marry in the last month. You just have to marry within the 90 days after she enters the US. 90 days is not 3 months though. It is exactly 90 days.

She will fill out the white I-94 form on the airplane or at customs/immigration when entering the US. The CBP officer will staple part of it in her passport with a stamp and date for 90 days later. The K-1 visa becomes null and void, and her status will be based off the I-94 at that point. You send copies of the I-94 with your AOS paperwork.

Yes, she stays in the US. She cannot leave without AP or her green card or she will abandon her AOS and you will have to start over with a spousal visa petition to get her back in the US. Once she files for AOS she will be in an authorized period of stay and her NOA receipt from filing the I-485 would be proof of that. It is another reason to file for AOS as soon as possible.

Awesome, thank you, Jay. That about settles it for me.

I assume we get biometrics done for her here before sending the $1070 and all paperwork? Does it matter where we get them done?

[KayDeeCee 4,893]

Awesome, thank you, Jay. That about settles it for me.

I assume we get biometrics done for her here before sending the $1070 and all paperwork? Does it matter where we get them done?

The $1070 total fee breaks down to $985 filing fee plus $85 biometrics fee. After filing, you receive a letter for getting the biometrics. It will tell you what to bring, which local USCIS office to go to and the date and time of your appointment.

[G. Rod 0]

The $1070 total fee breaks down to $985 filing fee plus $85 biometrics fee. After filing, you receive a letter for getting the biometrics. It will tell you what to bring, which local USCIS office to go to and the date and time of your appointment.

Thanks, Jay. That simplifies it so well for us. Appreciate it greatly.

What can we expect after filing these three forms and aquiring a Green Card?

[KayDeeCee 4,893]

Thanks, Jay. That simplifies it so well for us. Appreciate it greatly.

What can we expect after filing these three forms and aquiring a Green Card?

You can expect to take a breather and vacation from immigration. Relax and enjoy your married life together!

Your wife will receive a 2 year conditional green card. It works the same as any other green card. She will be a legal permanent resident and you will not have to worry about filing immigration papers for almost 2 years. In the 90 days before her green card expires, you will need to file for ROC: http://www.visajourney.com/content/751guide

[G. Rod 0]

You can expect to take a breather and vacation from immigration. Relax and enjoy your married life together!

Your wife will receive a 2 year conditional green card. It works the same as any other green card. She will be a legal permanent resident and you will not have to worry about filing immigration papers for almost 2 years. In the 90 days before her green card expires, you will need to file for ROC: http://www.visajourney.com/content/751guide

Whew, sounds good, Jay.

What documents would she need if she wants to visit her country while she is waiting for her Green Card?

[KayDeeCee 4,893]

Whew, sounds good, Jay.

What documents would she need if she wants to visit her country while she is waiting for her Green Card?

Her AP that you apply for with the I-485. If you apply for the EAD and AP you will most likely get the EAD/AP combo card. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f5d28bcbf851e210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

She needs that card to re-enter the US. She will need her passport and if her passport is in her maiden name, the ticket needs to match the maiden name on the passport. She can bring a copy of her marriage certificate with her in case she needs to show it with her EAD/AP since it will be in her married name.