Lessons Learned (Filing I-485 AOS & I-765 EAD)

[seldi 1]

Add your spouse to your medical insurance policy right away. Sometimes life thows a curve ball and you want to be prepared. Please don't procrastinate...

Oh believe me...It was the FIRST thing I did!

[maryandatif 0]

IF YOU RECEIVE A NOTICE OF CANCELLATION OF AOS INTERVIEW.....GO TO IT ANYWAY !!!

TRUST ME!

That way you won't be stuck giving/paying more money to USCIS due to their F-up!!! Like waren613 and us!

[ivette 0]

VJ Family...

We will be filing our AOS and EAD within the next two months. If anyone has any lessons learned from your case, please share your experiece(s).

Thanks and God bless...

Ahmari & Jhen

NOTE: We do not have any specific questions. The directions/requirements are straight forward.

Hi Ahmari, I just received my Green Card by post yesterday and I submmited my AOS I485 on November 8th, at same time that my travel and work authorization request.

I did all my paperwork myself with the recommendations I saw here and I read on the I485 form.

I did everything very in order, with cover letter detailing the documents attached, and dated and signed.

My birth Certificate and divorce papers had Official Translation to the English. I send the checks together with my file, and in the envelope I typed a reference: AOS I-485, case #... Alien #......

They asked me (again!!!!!!) for a Medical Examination and vaccinatios/ shots, and instead of claiming, I decided to pay for it and do it again, and to not complicate my life and sent to them again this as per they requested.

Read well the indications of the form I485 and of this forum AOS, and of the Notice of Action (also in the back).

I did it so in order that not even had to go to an interview. Make your file a very easy file for the people working on Migration, they would realy appreciate it.

About the Birth Certficate, they request the Big Format, I submitted big and short format of Birth and Divorce certificates (just in case), but I know somebody that submitted a short format of the Birth Certificate and they denied the papers and had to resummit everything again only for that, and they told that yet during the interview!!!!!.

About lawyers, if you want to hire one, I recommend you that ok they do everything but YOU verify all before summiting nothing, and YOURSELF go to the post office and ask for a certfied mail/post so you receive a confirmation from the Post Office with the reception stamp of Migrations.

Some lawyers forget to summit your papers, or the signatures, etc, I saw that, dont take risks.

And do copy of ALL your papers before summiting them, and sign and date the Cover Letter where you detail the documents that you are sending.

Good Luck!!!!!!!!!

[Sheriff Uling 3]

AOS, EAD, and Biometrics

I. Form I-485:

- payment of $325.00 for I-485

- (2) passport style photos

- Form G-325A

- copy of marriage certificate

- copy of the fiancé petition (I-129F) approval notice [NOA2]

- copy of Form I-94

- copy of foreign birth certificate

- copy of passport page with nonimmigrant visa

- sealed envelope of medical/vaccination supplement received from Civil Surgeon

- Form I-864, Affidavit of Support with its supporting documents (tax returns & W2 last three years/ proof of employment/ paystubs, etc.)

II. Form I-765:

- payment of $180.00 for I-765 application fee

- (2) passport style photos

- copy of Form I-94

III. Biometrics Fee:

- payment of $70

Thx dr_lha... I have now broke out the $70 to itemize the cost.

Also required is "Evidence Of Comingling Assets" (joint bank statements, joint mortgage/rental lease, joint utilities, health/home/auto insurance etc.)

Cheers

The "Evidence of Comingling Assests" is not required for the AOS submission, but should be brought to the AOS interview to show your "Evidence of Relationship." The "Evidence of Relationship" or what you have identified as "Evidence of Comingling Assests" is not required until the Lifting of Conditions Process (I-751 Application to Remove Conditions of Residence).

Cheers!!!

Sheriff Uling

[sleepless in OR 2]

Unlike the K-1 process, pray that your case gets transferred to CSC

[notrepetiteashley 0]

My lessons learned are all really dumb and probably obvious because we really screwed our case up. Anyway, here they are for help or just laughs:

1. Never send your passport in as a form of identification. If they lose it (which happened to us) they can't tell that you came into the US legally and you may get denied AOS (we got approved anyway.)

2. Freaking out will only make it worse and if you must freak out, divide it by 50% or you will regret it. It's really not as bad as you imagine.

3. Don't call the 1-800#. Ever. I can STILL after 1 solid year remember that hold music and it is one of the worst tunes I've ever heard. Also, when we called the 800 # and they put in a request for information on our case that we would supposedly hear back on in 30 days, well........30 days turned out to be more than a year! We actually just received the update on our case that we requested in Sept. of 2005! Totally useless.

4. Take the time to do things the "right" way. Whatever that means. Take it as you will. Follow procedures. It will save your nerves.

Best of all, good luck!

[Dr_LHA 3]

You sent them your actual passport?

[notrepetiteashley 0]

You sent them your actual passport?

LMAO! YES! Hahahaha! It's too funny now. At the time I found out they'd lost it I was freaking out, but now it's just funny. Ahhh, the ignorance of youth. As in 3 years ago, hehe.

[Sheriff Uling 3]

I have an interesting question: Does my wife's immigration status change once the AOS is approved (K1)? Of course, right now her immigration status in NONIMMIGRANT.

[Sheriff Uling 3]

Our AOS Lesson’s Learned:

Keep a positive attitude even if you are not necessarily a “people person.” Write down your questions for the CO before your interview and have them out in front of you so that you will not forget with all the excitement of being in the moment (if necessary). Bring two copies of the applications and supporting document that you submitted. Please bring the original certified copies of the important documents submitted (e.i. Marriage Certificate, Birth Certificates, Court Documents, and etc) because the Consular Officer (CO) may want to review them and ask for a copy (even though you probably submitted them when you filed). You will both need your identification, of course, (for the beneficiary, their passport/visa is completely sufficient… not to mentioned required) and I even brought my passport (Not required, but it’s always better to have more than less and the CO reviewed it, then asked for a copy... Who knew?). Sometimes it's better to be lucky than good. Be organized with your paperwork in order to give the CO exactly what he/she is requesting when asked, and be concise with your answers (keep it short and simple). Oh, the COs love wedding pictures, so bring your wedding album. The CO will ask the beneficiary a few questions from the application and validate some of the responses to the yes/no questions on page 11 of the I-485 application, at this point the USC needs to keep quiet not unless you deem it absolutely necessary to speak. Don't forget to ask whatever questions that you have and request the COs contact information in case of any complications or hang-ups. The interview will be over fairly quickly…

Cheers!!!

Sheriff Uling

Edited March 22, 2007 by Sheriff Uling

[Sheriff Uling 3]

Any new lessons learned or experience to add...???

[ardilla 0]

After the interview, some applicants are not approved due to FBI / security clearance checks pending. Don't bother a) arguing with the CO nor 2) contacting your congressional rep at this point, there's nothing they can do for you.

If it's been six months since filing, you're pending due to FBI / security clearance checks, and you haven't heard a peep since the interview, make an INFOPASS appointment and ask for information on your case. Repeat every six months until you receive a decision on the AOS application.

Bring your INFOPASS sheet with the bar code on it, along with ID and all recepts/NOAs to the INFOPASS appointment.

Take with a grain of salt what is told to you by the INFOPASS officer...they sometimes don't have up to date information or don't fully know the details of your case.

[Deputy Uling 0]

Adjustment of Status - Seven Tips for K1 Visa Recipients

Tip # 1 - Get married within 90 days of arriving into the US

Tip # 2 - Get any required shots that are not available in the beneficiary's country (for example the TD shot is not available in the Philippines but is a required to complete the vaccination report for the AOS process) then have your DS-3025 transferred to the I-693A Supplemental Vaccination Record before 90 days after arriving into the US. NOTE: If you go to your own doctor to receive a vaccination shot. Have the doctor write you a note indicating that you have received the specific vaccination shot and make sure the doctor signs and dates that note. Take the note along with your DS-3025 to the civil surgeon who will transfer the information to the I-693A (the civil surgeons have the form so you don't have to supply it). Remember, you came to the US on a K1 Visa whereas a medical exam was manditory and expires one year from the date of the examination. In other words, do NOT let the civil surgeon talk you into getting another medical exam. If you have a problem, show the civil surgeon the I-485 instructions that state that K1 Visa recipients are NOT required to take another medical exam, except for if it's been a year since the last examination.

Tip # 3 - Apply for a certified marriage license and supply a copy along with the AOS application within 90 days of arriving into the US.

Tip # 4 - Submit your AOS application within 90 days of arriving into the US

Tip # 5 - Adjustment of Status Forms: VJ has the direct link to the USCIS forms [CLICK HERE]

The forms are:

I-485, Application To Register Permanent Residence or Adjust Status (REQUIRED)

I-864, Affidavit of Support (REQUIRED)

G-325A, Biographic Information (REQUIRED)

I-765, Application for Employment Authorization (OPTIONAL)

I-131, Application for Travel Document (OPTIONAL)

NOTE - The optional forms I-765 and I-131 are not required for the AOS submission. However, if you do not file the I-765 and I-131 and your case is delayed due to an RFE or other reasons, you will have to wait for the AOS to be approved before you can work or travel (or apply at that time, which may or may not be prudent). However, the happy newlyweds will have to make that decision based upon their own situations and needs. The forms are pretty straight forward and indicate everyting that you need to supply along with your forms, unlike the visa application forms. Follow VJ's AOS guide [CLICK HERE] and you will be fine...

Tip # 6 - Apply for you social security (SS) card 10 -14 days after your arrival and no later than 21 days before the I-94 expires (in other words, do this before 90 days of arriving within the US). If you wait to close to the expiration of the I-94, the application may be rejected, which means the beneficiary will have to wait until the AOS is approved before applying for a social security number).

Tip # 7 - State ID or Driver's License. Same as the SS card. The beneficiary can apply 10 - 14 days after arriving to the US, but no later than 21 days before the I-94 expires (in other words, do this within 90 days of arriving into the US). If you wait apply cose to the expiration of the I-94, the application may be rejected, which means the beneficiary will have to wait until the AOS is approved before applying for a State ID or Driver's License.

Hope this helps...

Deputy Uling

p.s. - Please review VJ's AOS Guide [CLICK HERE] and VJ's AOS Tips [CLICK HERE]

[misa 2]

No tips to add except that my AOS and EAD checklist as a K3 is linked in my signature.

[athena_ny 1]

Some of these I didn't learn from my situation, but from situations I've read on visajourney:

1. Don't freak out if you're a K1 and it's not ready within the 90 day window of your visa. Your application won't be denied, just file it ASAP.

2. Beneficiaries: don't leave your spouse in control of everything. If you let a year lapse between marriage and filing AOS (which is extremely bad judgement) and find yourself still unable to take advantage of a lot of opportunties, your spouse is still a US citizen and still has all the advantages of being a USC. You don't have that luxury.

3. Just because your spouse's Colombian friends told them this or Australian friends told them this or Peruvian friends told them this or that doesn't mean it's true. Do your own research and if that confused, consult with a family immigration attorney.

4. Most of the paperwork can be done on your own. My husband wanted to pay Catholic Charities to do his paperwork, and while we got through without an RFE, I feel we were ripped off and so does he - he tells me frequently "you could have done it for us instead".

5. It's great to have some photos on hand for the interview, but don't break your back putting together a photo album with 200 pictures unless you were planning on doing so anyway. My IO didn't even ask to see one picture.

6. Do not "bring things up" with the IO. Answer their questions, keep it short and sweet. Any questions you ask should really only have to do with their explanation of removing conditions or the approval, IMO.

7. An unfriendly IO does not mean an instant-denial.

8. In many ways, the interview is probably the most painless part of the entire process.