Few questions about AOS related forms

[sam26880 0]

I already married my fiance who came here on K1. We're now in the process of filling out her AOS related paperwork.

Here are some questions I have. I hope someone can answer them

(1) There was some confusion about whether she needs to get medical done again. She already had this done as part of her K1 filing process. On this page, http://www.visajourney.com/forums/topic/307-applying-for-aos-in-the-usa/ they mention

b.You will, however, be required to complete Part 1,information about you,and submit the vaccination secton of Part 2 with your adjustment of status application. A designated civil surgeon must complete the vaccination section and Part 5 the Civil Surgeon’s Certification

Here's where it gets tricky! Some people have submitted a DS-3025 (obtained overseas at your medical documenting your vaccinations) with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination part. The following memo from the USCIS documents that this completed form will remain valid beyond one year when submitted with most Adjustment of Status applications.

(2) For the work authorization form (I-765), For question # 16, they ask us to select a category. We selected A6 based on the instructions where it said A6 is K-1 Non-immigrant Fiance of US citizen. Is that right? I saw someone recommending that we use C9 instead which says Adjustment applicant. Which one did you guys use?

(3) When filing all the AOS related forms (i-485, i-765, etc) each form asks for passport photos and some other proofs. Do we attach 2 photos and required docs for each form required or just submit 2 for the whole application overall since we're submitting it all together?

[Lynkali 163]

(1) It is tricky to know whether you will receive a RFE if you don't send a newly signed I-693. Whatever the case, you do NOT need a full new medical exam -- at most, you would only need the vaccination transcription from a civil surgeon, which should cost $50-$80. They are two separate processes -- the medical is a full examination, while the vaccine record is just that: a written record of the shots she has had, signed off by a civil surgeon. She had the medical and it is still valid -- no need for a new one. It's the vaccinations that can cause confusion. If there are any doubts, I do recommend getting the transcription and sending in the I-693, but it really is your choice -- plenty of people get by with the original K-1 vaccination record (DS-3025) and have no problems. But it's hard to predict in advance without knowing all the details of your wife's shots. You'll get advice saying both here: some people want to be extra thorough (like me), others are willing to risk a short delay (RFE) if your vaccination records are found insufficient. Confusing topic, and very rarely is there an absolutely clear answer.

(2) No, you need to use C9! A6 is if you applied before AOS, when she only had the K-1. That was pointless because it would have expired before she could even find work, so that category is now closed to you. Use C9, you are adjusting to permanent residency.

(3) It's safer to send 6 passport photos total -- two for each application. Also send copies of the marriage certificate and I-94 in each application (3 total if you're doing I-485, I-765, and I-131). Some people sneak by with only 2 photos, but I wouldn't chance it -- they most likely divide up the applications and handle them separately, so even though you send them as a bundle, they're processed by different individuals. So they want to see a complete package with each form.

[sam26880 0]

First of all, Thanks a lot for a very detailed and quick response

Just a question about #2 though. What do you mean by "before AOS when she only had the K-1"? Isn't that still the case? Or do you mean, because we're married now and applying for AOS, I should choose C9? I think you mean the latter but just wanted to double check.

Thanks so much again. I'm sure I'll be back for more help. By the way, where do you stand in this whole process right now? What's your status? Just curious.

[KayDeeCee 4,893]

(a )(6 ) is used if you have not married and filed the I-485 yet. That category is pointless to use as it will cost $380 and the EAD will expire when the I-94 does.

You are filing the I-765 with a pending I-485, so therefore you are an adjustment applicant and you use (c )(9 ). The fee for the form is waived when filed as an adjustment applicant with a pending I-485. The EAD you receive will be good for a year.

[sam26880 0]

Thanks Jay.

I had one more question regarding the I-131 (Application for Travel). I understand that she should fill this out if we're going to be flying out of country while the AOS is in progress. However, do we need to know the exact dates of when we're travelling? We do want to go somewhere to travel but haven't decided when and where. When I saw the form I-131, it asked about our exact plans (dates). We don't have that yet. So I'm assuming we can't fill this out now?

[Lynkali 163]

By the way, where do you stand in this whole process right now? What's your status? Just curious.

We've just received our EAD/AP combo card (well, USPS tracking says it will arrive in our mailbox tomorrow), and we have an interview date scheduled for February 27. No RFE's and at this point I don't expect any, so I think we did everything correctly -- the only remaining AOS step is the interview itself, where we'll be bringing some additional proof of relationship/bonafide marriage/financial co-mingling, as is customary when attending an interview.

However, do we need to know the exact dates of when we're travelling? We do want to go somewhere to travel but haven't decided when and where. When I saw the form I-131, it asked about our exact plans (dates). We don't have that yet. So I'm assuming we can't fill this out now?

When adjusting from a K-1 and concurrently with your I-485 application, you don't actually need to give any set date or travel plans -- that form is used for multiple types of applications, some of which would require an exact date. Most people just put N/A and attach a very short explanation that they are adjusting from K-1, filing concurrently with the I-485 and applying for Advance Parole -- that takes care of the explanation and nothing more is needed. Because I was paranoid and we do have tentative travel plans anyway, I did put in a date in that field, but also attached the statement saying we were K-1 applying for Advanced Parole and authorized to receive the travel document. Leaving the travel date blank is absolutely fine, most K-1s do that and none ever have any problems.

I used the "I-131 Supplement Part 7" Word document found here on VisaJourney's guides: http://www.visajourney.com/content/examples and simply added our personal information and names.

[KayDeeCee 4,893]

Thanks Jay.

I had one more question regarding the I-131 (Application for Travel). I understand that she should fill this out if we're going to be flying out of country while the AOS is in progress. However, do we need to know the exact dates of when we're travelling? We do want to go somewhere to travel but haven't decided when and where. When I saw the form I-131, it asked about our exact plans (dates). We don't have that yet. So I'm assuming we can't fill this out now?

You can leave those blank and then hand-write 'Unknown' after printing out the form.

No explanation/reasons/supplement sheet needed at all when filing for AP with a pending I-485. See this current thread on the same topic > http://www.visajourney.com/forums/topic/477374-ap-application/