Adjustment of Status from K1 HELP!!!

[luke.lindsey 0]

Hi ,

I recently got married (July 15th) on a K1 visa, my date for the K1 visa to run out is Sept 11th 2012, i still haven't filled my adjustment of status forms (I-485, G-325A, I-693, I864, I765, I-134) and I am worried i haven't filled them all out correctly and have a few questions if anyone could help please that would be greatly appreciated as i have to send it all off tomorrow.

1. How long will it take for the authorisation to work be approved once it is sent in with all the adjustment of status forms? I desperately want to start work ASAP, i have a SSN already.

2. The I-864 is hard to understand, my wife recently got a new job (1 month before the wedding) how can i show what she is going to earn and prove she earns above the poverty line? Before she worked she was in school studying so she doesn't have much income to show as she only worked a part time job. Will the last 3 months pay stubs work as evidence?

3. I got a medical before i left australia but i need to prove my vaccination records, i do have a photocopy of my records before i left Australia from my medical from the civil surgeon, will this do for the I-693 vaccination section, or will i need to see a doctor in the USA?

4. We never received our NOA2 at all, i know i need this to fill my Adjustment of Status, but i also know a new one takes like 3 weeks to get sent out, can i send my package in for adjustment of status and then send it off when i do receive it? Will my status be changed once USCIS receive the I-485 or will it only change from the K1 once i have sent all the documents needed (NOA2)?

Thanks for your help

[Ontarkie 14,544]

Moved to Adjustment of Status (Green Card) from Family Based Visas, from K-1 Fiance(e) Visa Case Filing and Progress Reports

Edited August 24, 2012 by Ontarkie

[Lainie B 465]

Hi ,

I recently got married (July 15th) on a K1 visa, my date for the K1 visa to run out is Sept 11th 2012, i still haven't filled my adjustment of status forms (I-485, G-325A, I-693, I864, I765, I-134) and I am worried i haven't filled them all out correctly and have a few questions if anyone could help please that would be greatly appreciated as i have to send it all off tomorrow.

1. How long will it take for the authorisation to work be approved once it is sent in with all the adjustment of status forms? I desperately want to start work ASAP, i have a SSN already.

2. The I-864 is hard to understand, my wife recently got a new job (1 month before the wedding) how can i show what she is going to earn and prove she earns above the poverty line? Before she worked she was in school studying so she doesn't have much income to show as she only worked a part time job. Will the last 3 months pay stubs work as evidence?

3. I got a medical before i left australia but i need to prove my vaccination records, i do have a photocopy of my records before i left Australia from my medical from the civil surgeon, will this do for the I-693 vaccination section, or will i need to see a doctor in the USA?

4. We never received our NOA2 at all, i know i need this to fill my Adjustment of Status, but i also know a new one takes like 3 weeks to get sent out, can i send my package in for adjustment of status and then send it off when i do receive it? Will my status be changed once USCIS receive the I-485 or will it only change from the K1 once i have sent all the documents needed (NOA2)?

Thanks for your help

Your K1 expired when you entered, so it's the I-94 that gives you your status in the US. I think you mean your I-94 runs out on September 11, since the K-1 expiration date is irrelevant once you enter? Regardless, you got married in the 90 days so you have nothing to worry about. You don't have to file AOS before the 90 days is up although if you need to work or travel, then obviously the sooner you file the better.

1. 60-90 days. Current EAD and AP processing times are here: http://www.visajourney.com/timeline/eadstats.php?cfl=$cfl

2. Pay stubs, bank statements, a letter from her new job detailing her annual salary

3. What does the DS-3025 say - "complete", or "may be eligible for blanket waiver" - if the latter then read this and decide if you need to see a civil surgeon: http://www.visajourney.com/forums/topic/335754-ds-3025-complete-or-not/page__p__4971318#entry4971318

4. That's a tough one - you need a copy of the NOA2 and USCIS charge a lot for a replacement. I believe others have got away with a printout of the USCIS website showing I-129f approval for their case but you should wait to hear from others who have had the same issue, or look for similar topics, and see how they dealt with it.

Edited August 24, 2012 by Lainie B

[NicAus 2]

Hey Mate,

Also a K-1er

I just received my EAD 3 days ago, it took 68 days for mine to process, i also got my SSN already, so for me the job hunt can begin!

With the I864, it may be wise to get a joint sponsor (I did because my wife was also studying, and not making all that much) if you can't prove that she earns above the poverty line. Make sure you send EVERYTHING related to your sponsor and joint sponsors earnings (IRS tax return transcript is best), I got an RFE for this cause i only sent the tax returns which was annoying.

I just included what the doctor gave me at the medical. He said that they will ask for this so put it in when you file your forms, mine was marked as blanket waiver,

It's weird they didnt give you an NOA 2.. is there a reason for that? If your concerned, I'd call up the customer service hotline, don't bother with the first person you talk to, they are generally useless, ask for a tier 2 officer and ask them what the deal is with that?

Pretty sure the K1 status is already expired and you are kind of left in a legal statusless limbo until the EAD arrives then you have something!

Hope that's helped a little!

Cheers

[tcTTct 37]

See my timeline.

[VanessaTony 3,567]

You don't file the I-134 with AOS. I assume you mean I-131 Advanced Parole?

1. 60-90 days

2. Yes.

3. Yes it will do if you're not missing any shots. What do you have?

4. You paid for a new NOA2? You could send a copy of the NVC letter (the one with the barcode that say your file was sent to Sydney). You are in a period of authorised stay once you have the NOA2. Your status doesn't "change" to an LPR until you have your GC. Some people call this "AOS pending" but it's not a real status.

Edited August 25, 2012 by Vanessa&Tony

[JimVaPhuong 4,863]

About the I-864...

She has to convince the immigration officer that her total income will be sufficient to qualify in the year that the affidavit of support was submitted. If she submits the affidavit of support in 2012 then the evidence needs to show that her income in 2012 will be sufficient. It's not how much they'll make in 12 months, but how much they'll make this year. Their first line of proof is the prior year's income tax return. If she was a student then she won't have a sufficient prior year's income tax return, so she'll need current evidence.

This is a commonly misunderstood aspect of the I-864. Most believe that they'll simply take your current pay, multiply by the number of paychecks you'll receive in 12 months, and if the total is sufficient then they'll accept it. This isn't the case, and the Adjudicators Field Manual is clear about this. If your ANNUAL income is not far above the minimum threshold, and you started working in the middle of the year, then your total income for the year will likely NOT be enough to qualify, and they'll ask for a joint sponsor. I've seen it happen many times here on VJ, and people were scratching their heads trying to figure out why.

From the Adjudicators Field Manual, section 20.5(e)(1):

When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864.

The general rule is that an affidavit of support that's been deemed insufficient according to the section above should result in a denial. However, the next section of the AFM allows the immigration officer to send an RFE if two additional conditions have been met:

Ø The most recent income tax return, the anticipated household income listed for the year the sponsor signed the Form I-864, and the evidence for the income for the year of filing all show an income that is less than 125% (or 100% as applicable) of the governing Poverty Guideline for the year the Form I-864 was filed, and

Ø A joint sponsor has not filed a sufficient Form I-864.

This is basically their way of giving you an opportunity to come up with a joint sponsor before they reject the application outright for not having a sufficient sponsor.