Adjustment of Status from K-1 Visa (Stuck on couple I-485 questions)

[sachink27 0]

All:

First of all thanks to everyone here who has been helping me and others on the questions where we are stuck.

I have some questions while I am filing for a I-485 form. Please see the questions below and help me if you all know the answer.

Form 1-485

Part I (Info about you)

Current USCIS Status (My Answer: K-1 Visa)

Expires on (Is this the Expiration of I-94 or the Acutal Visa? Visa expires on 2/3/2014 while I-94 expires in March, 2014)

Form G-325A

Question 1: Do we need to file for myself and my wife? Or just my wife?

Question 2: Family Name Father and Mother (Maiden Name)... Providing Father's name is easy... In Mother's name do we provide both current and maiden last name or just maiden last name? Reason I ask is for the extra carriage return.

Form I-864

Part 5: Sponsor's Household Size

3. If you are currently married enter 1... What should I enter here? It says not to count the person twice. The person who is the principal and only person I am sponsoring is my wife. Should I leave Part 5. Question 3 blank?

Thanks in advance for your help.

[Daveykins 17]

I assume you're adjusting from K1. Filling out your timeline would be greatly appreciated!!!! http://www.visajourney.com/timeline/profile.php?id=160240

The AOS guide from K1 has example forms that will help you answer the questions: http://www.visajourney.com/content/k1k3aos%C2'>

The expiration date should be the K-1 visa expiration date.

Your wife should fill out the g325a. If you have it from the initial filing with the i-129f, you can just use that and update it.

Provide maiden name for the mother's name. I can see that might be confusing.

Part 5 question 1 put a 1 and question 2 put a 1. Question 8 should be 2 if you're only sponsoring your wife and you count yourself so 2.

No problem, and best of luck with your new journey!

[sachink27 0]

Thanks for the reply... Yes this is from K-1 Visa to Green Card Process.

However I am still confused as some people on the forum are saying

Part I (Info about you)

Current USCIS Status (My Answer: K-1 Visa)

Expires on (Is this the Expiration of I-94 or the Acutal Visa? Visa expires on 2/3/2014 while I-94 expires in March, 2014) [This Should be the I-94 Expiration]

Form I-864

Part 5: Sponsor's Household Size

3. If you are currently married enter 1... What should I enter here? It says not to count the person twice. The person who is the principal and only person I am sponsoring is my wife. Should I leave Part 5. Question 3 blank?

[Example Forum has 0 when asked if you are married then enter 1. I am married and don't want to count this person twice. What happens if I leave this one blank? Meaning don't write either 0 or 1 but write two on the Total Count (1 for myself and 1 for my wife who also is the principal beneficiary]

[Daveykins 17]

Well, I spoke to an immigration attorney to look over all the forms before I submitted last October. She told me it was the K-1 visa expiration date for that. She told me that the I-94 is just for confirmation of my wife's temporary residency until the green card arrives since the expiration date is quite a bit longer than the k-1 expiration date.

I had no problems with my wife's paperwork with the K-1 visa expiration date on the i-485.

The attorney that looked over the paperwork before I submitted also said that the number total for part 5 #8 should be the number of people in your household. So if it's just you and your wife it's 2 total. It says at the top do not count anyone twice so you just need to put a 1 in #1 and 1 in #2 and 2 in #8. Should be all that you need. Don't leave it blank, it will cause an RFE/delay. It's confusing, I know.

Hope this helps.

[sachink27 0]

If I do what your immgration lawyer has suggested then the answer to Part 5 Q3 will be 0 correct?

Part 5 Q1: 1 (My Wife)

Part 5 Q2 1 (Myself)

Part 5 Q3 0 (Enter 1 if married... In this case I will be entering 0 even though I am married)

Part 5 Q4 - Q7 0

Part 5 Q8 2 (Total Count)

[sachink27 0]

Any other update?

[Daveykins 17]

Yes, that looks correct to me. It says not to count yourself twice so that's why you don't put a in #3. I didn't get an RFE so it must have been correct. Hope this helps! Best of luck!