IS THE I-130 REQUIRED FOR AOS FOR A K-1 VISA HOLDER????

[GABY Y LUIS 2]

HELLO,

I BROUGHT MY HUSBAND ON A K-1 VISA FROM DOMINICAN REPUBLIC AND NOW WE ARE APPLYING FOR ADJUST OF STATUS AND I'M A LITTLE CONFUSED WHETHER I HAVE TO ALSO FILE THE I-130 WITH THE I-485 OR JUST THE I-485??? ANY HELP WILL BE APPRECIATED.

THANKS

[Bugs 455]

Read here. You have to file several forms, but not the I 130.

http://www.visajourney.com/content/k1k3aos

[belinda63 3,046]

The I-130 would be required if you didn't marry within 90 days of arrival. If you followed the rules no I-130 is required.

[MrTee12 64]

HELLO,

I BROUGHT MY HUSBAND ON A K-1 VISA FROM DOMINICAN REPUBLIC AND NOW WE ARE APPLYING FOR ADJUST OF STATUS AND I'M A LITTLE CONFUSED WHETHER I HAVE TO ALSO FILE THE I-130 WITH THE I-485 OR JUST THE I-485??? ANY HELP WILL BE APPRECIATED.

THANKS

How to Adjust Status (AOS)

(For K1 Visa Holders)

Understanding Adjustment of Status:

After marrying your US citizen spouse (within 90 days) within the United States, you have file for Adjustment of Status.

The Adjustment of Status (AOS) Process is designed for the Visa Holders to change their original entry status. In this case, K1 holders entered on the U.S. on a 1-entry visa and need to change their status so they can gain benefits (such as employment, travel privileges, and most importantly Permanent Residence.) First read the AOS Guide: (Very Important!)

http://www.visajourney.com/content/k1k3aos

http://www.visajourney.com/content/k1aos

Just follow the guide step-by-step. It's a lot of work but do 1 thing at time. Most people do all 3 at once. It’s the best option!

So if you're doing all 3 (Green Card, Employment Card, & Advance Parole), attach all the required documents with each application and mail together in same packet to the correct address.

The Medical Exam application needs to be completed by K1 visa holder and a local Civil Surgeon. Search for the closet Civil Surgeon near you using the link below.

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I paid about $75 for them to complete the forms. Try to find the best deal, some places will try and over-charge you. Most people who file should have just got there Medical done in the Dominican Rep and if they got all their required vaccinations and shots they will not need to get it again (if it’s under 1 year). So remind them you just need to have the Civil Surgeon complete their portion of the I-693. Make sure the K1/K3 Visa Holder has their Medical History form called DS-3025 (given to them after Medical Exam in Santo Domingo).

Remember to gather all of the correct documents. Each form (I-485, I-765, & I-131) require certain things. You will need to have 2 passport photos for each form. Total of 6. Have the packet organized so everything is labeled and easy to find. I'm including the Cover Letter/Checklist I made with my Packet. Feel free to use it.

ADJUSTMENT OF STATUS COVER LETTER/CHECKLIST

[Date]

U.S. Citizenship and Immigration Services (USCIS)

P.O. Box 805887

Chicago, IL 60680-4120

Re: Immediate Relative (Spouse) Family Based Adjustment of Status Application

(K -1/3 Visa holder) Spouse Name (Spouse’s Maiden Name)

To Whom It May Concern:

Enclosed please find my Form I-485: Application to Adjustment of Status; Form I-765: Application for Employment Authorization; Form I-131: Application for Travel Document, Form I-693: Medical Examination of Aliens seeking Adjustment of Status, and supporting documents.

Contents include:

*Payment in the amount of $1,070 (personal check)

Form G-1145 (E-Notification of Application/Petition Acceptance)

*Form I-485: Application to Adjust Status of K-1/3 Spouse

-Photographs (2) of [spouse Name]

-Photocopy of birth certificate w/English translation of [spouse Name]

-Photocopy of passport biographical page and K-1/3 Visa page

*Form G-325A: Biographical Information Sheet

*Form I-864: Affidavit of Support with photocopies of supporting documents

-Employment letter from [Company Name]

-Last 3 years of income tax returns with W2’s

-Last 3 Years IRS tax transcripts

*Copy of I-797: Notice of Action documents from USCIS(NOA1)

*Copy of I-129: Petition Approval Notice from USCIS (NOA2)

*Certified copy of Marriage Certificate for [Your Name] & [spouse Name]

*Photocopy of I-94: Arrival/Departure record (front & back)

*Form I-765: Application for Employment Authorization

-Photocopies (2) of [spouse Name]

-Photocopy of passport biographical page and K-1/3 Visa page

-Photocopy of I-94: Arrival/Departure record (front & back)

*Form I-131: Application for Travel Document

-Explanation for Eligibility (dated & signed)

-Photocopies (2) of [spouse Name]

-Photocopy of passport biographical page and K-1/3 Visa page

-Photocopy of I-94: Arrival/Departure record (front & back)

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration Officer at a later date.

Yours sincerely,

[spouse Name] (Spouse of U.S. Citizen [Your Name])

Signature & Date

Checking your Case Status

After your AOS Packet is sent, you will go through a similar process as before. More waiting and more preparation. (and you thought you were all done?) Once you receive your NOA1, you can check your “case status” on www.UCSIS.gov. You will also receive updates through email and/or text if you chose to submit the Form G-1145 (E-Notification of Application/Petition Acceptance).

[GABY Y LUIS 2]

How to Adjust Status (AOS)

(For K1 Visa Holders)

Understanding Adjustment of Status:

After marrying your US citizen spouse (within 90 days) within the United States, you have file for Adjustment of Status.

The Adjustment of Status (AOS) Process is designed for the Visa Holders to change their original entry status. In this case, K1 holders entered on the U.S. on a 1-entry visa and need to change their status so they can gain benefits (such as employment, travel privileges, and most importantly Permanent Residence.) First read the AOS Guide: (Very Important!)

http://www.visajourney.com/content/k1k3aos

http://www.visajourney.com/content/k1aos

Just follow the guide step-by-step. It's a lot of work but do 1 thing at time. Most people do all 3 at once. It’s the best option!

So if you're doing all 3 (Green Card, Employment Card, & Advance Parole), attach all the required documents with each application and mail together in same packet to the correct address.

The Medical Exam application needs to be completed by K1 visa holder and a local Civil Surgeon. Search for the closet Civil Surgeon near you using the link below.

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I paid about $75 for them to complete the forms. Try to find the best deal, some places will try and over-charge you. Most people who file should have just got there Medical done in the Dominican Rep and if they got all their required vaccinations and shots they will not need to get it again (if it’s under 1 year). So remind them you just need to have the Civil Surgeon complete their portion of the I-693. Make sure the K1/K3 Visa Holder has their Medical History form called DS-3025 (given to them after Medical Exam in Santo Domingo).

Remember to gather all of the correct documents. Each form (I-485, I-765, & I-131) require certain things. You will need to have 2 passport photos for each form. Total of 6. Have the packet organized so everything is labeled and easy to find. I'm including the Cover Letter/Checklist I made with my Packet. Feel free to use it.

ADJUSTMENT OF STATUS COVER LETTER/CHECKLIST

[Date]

U.S. Citizenship and Immigration Services (USCIS)

P.O. Box 805887

Chicago, IL 60680-4120

Re: Immediate Relative (Spouse) Family Based Adjustment of Status Application

(K -1/3 Visa holder) Spouse Name (Spouse’s Maiden Name)

To Whom It May Concern:

Enclosed please find my Form I-485: Application to Adjustment of Status; Form I-765: Application for Employment Authorization; Form I-131: Application for Travel Document, Form I-693: Medical Examination of Aliens seeking Adjustment of Status, and supporting documents.

Contents include:

*Payment in the amount of $1,070 (personal check)

Form G-1145 (E-Notification of Application/Petition Acceptance)

*Form I-485: Application to Adjust Status of K-1/3 Spouse

-Photographs (2) of [spouse Name]

-Photocopy of birth certificate w/English translation of [spouse Name]

-Photocopy of passport biographical page and K-1/3 Visa page

*Form G-325A: Biographical Information Sheet

*Form I-864: Affidavit of Support with photocopies of supporting documents

-Employment letter from [Company Name]

-Last 3 years of income tax returns with W2’s

-Last 3 Years IRS tax transcripts

*Copy of I-797: Notice of Action documents from USCIS(NOA1)

*Copy of I-129: Petition Approval Notice from USCIS (NOA2)

*Certified copy of Marriage Certificate for [Your Name] & [spouse Name]

*Photocopy of I-94: Arrival/Departure record (front & back)

*Form I-765: Application for Employment Authorization

-Photocopies (2) of [spouse Name]

-Photocopy of passport biographical page and K-1/3 Visa page

-Photocopy of I-94: Arrival/Departure record (front & back)

*Form I-131: Application for Travel Document

-Explanation for Eligibility (dated & signed)

-Photocopies (2) of [spouse Name]

-Photocopy of passport biographical page and K-1/3 Visa page

-Photocopy of I-94: Arrival/Departure record (front & back)

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration Officer at a later date.

Yours sincerely,

[spouse Name] (Spouse of U.S. Citizen [Your Name])

Signature & Date

Checking your Case Status

After your AOS Packet is sent, you will go through a similar process as before. More waiting and more preparation. (and you thought you were all done?) Once you receive your NOA1, you can check your “case status” on www.UCSIS.gov. You will also receive updates through email and/or text if you chose to submit the Form G-1145 (E-Notification of Application/Petition Acceptance).

Thanks Mr.tee.

Your responses are always so helpful. I have a question in regards to the photos required for the I-131 and for the I-765. Do I need two photos of my husband the beneficiary or of me the petitioner or do I need to submit two pictures of me and two photos of my husband. Also when fixing up the package can I use staples to separate each form our should I use paperclips instead or I shouldn't use anything to divide the forms. hope hearing from you soon.

[Pitaya 2,577]

You need to send in six (6) photos of the person(s) applying for Permanent Residence/Employment Authorization/Advanced Parole, i.e., the beneficiary, to send in with your pile of applications.

In particular for assembly instructions.

http://www.visajourney.com/content/assembly

Good luck.

[MrTee12 64]

Thanks Mr.tee.

Your responses are always so helpful. I have a question in regards to the photos required for the I-131 and for the I-765. Do I need two photos of my husband the beneficiary or of me the petitioner or do I need to submit two pictures of me and two photos of my husband. Also when fixing up the package can I use staples to separate each form our should I use paperclips instead or I shouldn't use anything to divide the forms. hope hearing from you soon.

No problem. At this time the your husabnd/beneficiary (K-1 Visa holder) is filing for AOS, so his pictures (6 total, 2x2in) need to be sent with the applications. You (as the former petitioner) can help assemble everything and help. I helped my wife with this process but USCIS is not really concerned with the petitioner anymore.

You should use paperclips, so it's easy to take files apart. Being organized is always a plus.