on a K-1 visa and filing for a change of status...some questions

[pattyfan 0]

HI all.

My fiance is from Iran. He arrived here in the US on a K-1 visa 4 weeks ago and we are going to be getting married in about 4 weeks and then filing immediately for a change of status. I have two US friends who have recently done the same thing but are a little further along in the process than we are. One is a same sex couple and the other is a heterosexual couple. We are a same sex couple.

Here are my questions.

1. We need to get my fiance's birth certificate translated. Does anyone know if we need to have the original copy of the translation, or if we can just use a copy of the translation? We have looked at a few translation services on line and they all say that the lowest cost service that they offer, which is that they send you back an attachment of the translation, is fine for USCIS.

2. One of the couples that I mentioned above just followed the USCIS website guidlines in choosing what to send in their petition for a change of status. The other couple, however, included additional things. Specifcally, they included...

1. photos from their wedding

2. pay stubs (to support the affidavit of support)

Are these two items necessary?

3. I'm not sure what the "approval notice for the I-129" is. Is that just a one page letter that was sent to me (the petitioner) early on in the process which says that the National Visa Center got myfiance's approved I-129 peitioons from the USCIS?

Thanks a lot for any help you can give us.

Edited December 28, 2014 by pattyfan

[KayDeeCee 4,893]

Here are my questions.

1. We need to get my fiance's birth certificate translated. Does anyone know if we need to have the original copy of the translation, or if we can just use a copy of the translation? We have looked at a few translation services on line and they all say that the lowest cost service that they offer, which is that they send you back an attachment of the translation, is fine for USCIS.

You can send whatever the service sends you. It should be stamped and/or signed by them to certify the translation. Anyone fluent in both languages can do the translation though. The person doing the translation just needs to add this certification to the translated document > http://www.visajourney.com/content/translations

2. One of the couples that I mentioned above just followed the USCIS website guidlines in choosing what to send in their petition for a change of status. The other couple, however, included additional things. Specifcally, they included...

1. photos from their wedding

2. pay stubs (to support the affidavit of support)

Are these two items necessary?

No evidence of relationship is needed with the initial filing, other than a copy of your marriage certificate. Supporting documents for the I-864 are required though. You need most recent tax transcript and proof of current income, which can be letter of employment and/or recent pay stubs. If you are self-employed, just tax transcripts should work, and if you have some type of non-taxable income, then you need to provide proof of that.

3. I'm not sure what the "approval notice for the I-129" is. Is that just a one page letter that was sent to me (the petitioner) early on in the process which says that the National Visa Center got myfiance's approved I-129 peitioons from the USCIS?

You need a copy of the \I-129F approval notice. You should have received a notice that your petition was approved before it was sent through the NVC on its way to the consulate.

Print out your I-94 info > https://i94.cbp.dhs.gov/I94/request.html

Follow this guide for getting the SSN > http://www.visajourney.com/content/ssn

Follow this guide for AOS > http://www.visajourney.com/content/k1k3aos

The fees are listed here > http://www.uscis.gov/i-485

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

You need all the supporting documents for each form as well, so read the instructions for each one. You can also search here on VJ for what to include with each form if you get stumped. There are also example forms here on VJ you can look at when filling out the forms. They can be helpful.

Oh, and here are the details you need about whether or not you need to see a civil surgeon > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[pattyfan 0]

Hi. Thanks for much for your response. I have a few more questions, if you have time.

You wrote that you can send "whatever the service sends you". Do you mean send electronically or by snail mail? If they send an attachment, then it will not be the original copy of their signature obviously.

Also, I don't remember ever receiving a copy of the 1-129F approval notice. We were using an attorney for the K-1 application process. I will ask them if it was sent there. However, if they dont' have it and I don't have it, what should we do? Now I'm worried about that.

Thanks a lot again.

[KayDeeCee 4,893]

If they send you an attachment, that should still work as they will have added some type of stamp/signature on it from their company certifying the translation, even though it will not be an original/wet signature.

If your lawyer does not have the approval notice, then send in a copy of the letter you have from the NVC talking about your approved I-129F petition being sent to the consulate and if you can, print out your online USCIS status that says your I-129F petition was approved. You could add in a note on your cover letter that you never received a copy of the approval notice from your lawyer but are providing other documents to prove your I-129F was approved. People have been successful with providing alternative evidence. Or, you can pay the ridiculous fee to get a replacement of the approval notice > http://www.uscis.gov/i-824

You would think they should know it was, since you received a K-1 visa and could not have done that without an I-129F being approved, but they ask for a copy of the approval notice with the I-485 anyway.

[pattyfan 0]

OK thanks again. And I actually found the approval form. It was in a folder that I thought was empty. But you wrote exactly what I was thinking. There was no way for him to get the K-1 visa without that approval, so why do they need to see it again? Ahhh, beaurocracy.

Thanks again for your quick responses. You really helped me out a lot.

Happy 2015!!

[pattyfan 0]

Oops, one more question. Do we need to have a joint bank account and do we need proof of that for this step in the process?

[_Paul&Jesica_ 70]

Oops, one more question. Do we need to have a joint bank account and do we need proof of that for this step in the process?

You do not need to have a joint bank account at this time (or never) as long as you can demonstrate that the marriage was entered in good faith. It is entirely up to you and your soon-to-be-spouse to determine how to run the household finances. Some couples co-mingle assets (we do) but others don't.

What you should do after marriage, at a minimum:

1) Get added to spouses health-insurance policies

2) Get designated as beneficiary for any retirement or pension accounts

3) Try to get added to the lease or some domestic bill, such as electric or cable or cellphone, but might not be possible (it wasn't for us).

4) Keep documenting your relationship and interactions with family and friends.

Good luck!

[KayDeeCee 4,893]

Oops, one more question. Do we need to have a joint bank account and do we need proof of that for this step in the process?

For the initial I-485 filing, no. If you happen to get an interview, then you will need to bring evidence of co-mingling of finances and co-habitation. You will definitely need those types of evidence for removing conditions in a couple of years, so save up for that over the next 2 years.

[pattyfan 0]

Thanks for everyone who responded.

ONe more thing...Would bringing things like pictures, proof of a joint bank account, or affidavits/letter of support help our cause at all? ONe of my friends who is going through the same process included picturres of their wedding, proof of a joint bank account, and letters, and I don't understand why. Does it make it less likely that they will get an interview?

[KayDeeCee 4,893]

Some people put them in because they believe they need to. Others think it will help them avoid an interview. Neither are true. Getting an interview waiver seems to be mostly random. Besides, those getting an interview are typically getting their green cards faster than those that don't. An interview is not really a bad thing.

[pattyfan 0]

Thanks everyone for your help. I have one more question.

We are planning on sending in all the things for the AOS about 22 days before my fiancé's visa runs out. That is partially because we have to wait 2 weeks for the marriage certificate (where I am they won't make you a copy right away). If for some reason we get an RFE, will we have to make fix that before his K-1 visa expires for him to stay in status? Thanks.

Edited January 2, 2015 by pattyfan

[KayDeeCee 4,893]

The K-1 becomes null and void once you use it to enter the US. The status is then controlled by the I-94. There is no extension of the I-94 for a K-1 entry. However, once you file for AOS you will be in a new period of authorized stay as an adjustment applicant.

[pattyfan 0]

Thanks so much for that clarification So if we apply for an AOS and there is an RFE, the 90 day deadline from his K-1 visa will no longer be the date that determines if he is still in status. Is that correct? I assume that there will be another date that they will tell us.

I'm sorry to be asking this. I'm sure that it's common knowledge but this is all new to us and I want to make sure that he stays in status. We retained an attorney for the K-1 visa part, but we decided not to for the rest of the process. Thanks for your time and patience.

Kevin

[KayDeeCee 4,893]

You won't receive any new date/deadline that will make you out of status. You are simply legal to be in the US because you filed for AOS. As an adjustment applicant, you can show your I-485 receipt notice as proof you are legally allowed to be in the US, if you should ever need to do so. When you receive the EAD/AP card while waiting for the green card approval, that is also an official government document/ID that can be used to show legal status in the US.

[pattyfan 0]

Sorry to keep asking, but I just need to be 100% clear. What you are saying is that If my fiance files for the AOS with the I-485, but we get an RFE, he will stay in status because he will be considered an adjustment applicant, even though we have to respond to the RFE. Is that right?