Filing AOS for K-1 Visa after getting Married Question

[Am & Ra 19]

Hello VJ Friends,

The following is a list of the documents I've prepared to file I-485 Adjustment of Status from K-1 Visa Status. I believe I have everything included from the checklist in the instruction's on the USCIS instruction guide. However, I'm confused why it doesn't say anything about including documents proving a genuine marriage, like joint lease, joint car title, utility bills etc.

Do we just bring the supporting evidence of genuine marriage to the AOS Interview or do I need to include these things now??????

Are these documents I have listed enough to send in with our I-485 application??????

Please Critique my list and give me your advice!

Cashier’s Check / Money Order payable to U.S. DEPARTMENT OF HOMELAND SECURITY: $1070 AOS Fee $985 + Biometrics Fee $85
Original G-1145 E-Notification (Applicant)
Original Form I-485 (Applicant)

Copy of Baptismal Certificate (Applicant)

Original Foreign Birth Certificate (Applicant)

Copy of Passport Biographic Page, Entry/Exit Stamps, K-1 Visa, and Medical Stamp (Applicant)

Two Passport Style Photos (Applicant)

Original Form I-693 Vaccination Assessment (Applicant)
Original Form G-325A (Applicant)

Copy of Form I-797 Notice of Action of I-129F Fiancée Petition (NOA2) Approval Notice

Copy of NVC letter for the original I-129F Fiancée Petition

Copy of I-94 Online Admission Record

Copy of USA Marriage Certificate

Copy of Proof of Name Change, Washington State ID, and Social Security Card (Applicant)

SEALED FORM I-693

SEALED Form I-693, Transcription of DS-3025 Vaccination Report by a Civil Surgeon (Applicant; You are NOT REQUIRED to have a FULL Medical if your overseas K1 Medical exam is within 1 year upon applying for AOS.)

AFFIDAVIT OF SUPPORT FORM I-864

Cover Letter from USC Spouse, Primary Sponsor (Explaining knowledge of Financial Obligations)
Completed Form I-864, USC Spouse’s Affidavit of Support signed in black ink
USC Spouse’s Passport Copy
USC Spouse’s Birth Certificate
USC Spouse’s Certificate of Employment
USC Spouse’s Federal Income Tax Return Form 1040: 2013, 2014, and 2015
USC Spouse’s W2 Wage Statements for 2013, 2014, and 2015; Form 1099s IF APPLICABLE)
USC Spouse’s Pay Stubs (recent 6 months)

[KayDeeCee 4,896]

Proof of bona fide marriage is not a requirement of the initial I-485 filing. IF you should have an interview, then take it at that time.

Why are you not filing for the EAD and AP too?

I am confused as to whether or not you are sending a DS-3025 from your K-1 exam(panel physician), or an I-693 you received in the US from a civil surgeon.

If changing name through marriage, a copy of the marriage certificate is all you need as proof of name change. Your state ID and SS card are not proof of name change.

What is the baptismal certificate for?

If your birth certificate is not in English, you must include an English translation.

You do not need letter from the NVC, just the NOA2 I-129F petition approval notice.

And for the I-864, the USC petitioner/sponsor does not need to include a copy of their passport or birth certificate.

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

[Am & Ra 19]

Thank you so much for your response to my question's KaaDeeCee,

1. Proof of bona fide marriage is not a requirement of the initial I-485 filing. IF you should have an interview, then take it at that time. So what your are also saying is there is no reason to front load the I-485 application like you do with the I-129F? Just send them the documents that are asked for in the USCIS instruction's for filing I-484 correct?
   
2. Why are you not filing for the EAD and AP too? We will also be filing the EAD and AP too, I just didn't mention them because it's self explanatory on what is needed for documents for those two forms.
   
3. I am confused as to whether or not you are sending a DS-3025 from your K-1 exam(panel physician), or an I-693 you received in the US from a civil surgeon. My now wife was pregnant at the time of her medical in the Philippines, so she only completed the medical and passed; however, she didn't receive any vaccination shots at that time because of being pregnant. Her DS-3015 she received at time of medical in Philippines is Blank. We will be filing the I-693 instead after she is vaccinated by Civil Surgeon, Correct?
   
4. If changing name through marriage, a copy of the marriage certificate is all you need as proof of name change. Your state ID and SS card are not proof of name change. In the State we were married the marriage license only shows my wife's maiden name. I asked about this after receiving it and was told that once Social Security and State ID have been acquired by her in married name that would constitute the legal name change in our State. Does it matter to USCIS if our Certified Marriage license only shows her maiden name?
   
5. What is the baptismal certificate for? The problem we have with here Certified Original Philippine Birth Certificate is some parts of it is not legible. I'm sending the Baptismal Certificate as second evidence because it has official seal and shows her parents and her full names and date and location of her birth. Do you think this will be ok? We are sending the original certified birth certificate because we ordered three of them while in the Philippines. I don't want to send copy of Birth Certificate, then USCIS might think we are the cause of non-legible information on parts of it. Birth Certificate is in English.
   
6. You do not need letter from the NVC, just the NOA2 I-129F petition approval notice. Ok, thanks.
   
7. And for the I-864, the USC petitioner/sponsor does not need to include a copy of their passport or birth certificate. Ok Thanks.

[Ash.1101 1,756]

This was taken from my actual cover letter, showing everything I included in the AOS application:

Form I-485 and supporting documents

1. Form G-1145, signed and dated
2. Form I-485, signed and dated
3. Form G-325A, signed and dated
4. Copy of I-797, Notice of Approval for I-129F Petition
5. Certified copy of marriage certificate
6. Copy of birth certificate
7. Copy of Vaccination Documentation Worksheet, Form DS-3025
8. Copy of biographic page of passport
9. Copy of K1 Visa page

10.Copy of electronic I-94
11. Payment in the amount of $1070.00 (Filing fee + Biometrics fee: personal check made payable to U.S. Department of Homeland Security)
11. 2 passport size photos with name and A# written at the back
12. Form I-864, Affidavit of Support – signed and dated by petitioner (USC Wife <Name>), along with:
- Four most recent pay stubs
- 2015 Tax Return
- 2015 W2
- Copy of birth certificate of the petitioner

13. Form I-864, Affidavit of Support – signed and dated by joint sponsor (US citizen <name>) along with:
- One months worth of most recent paystubs
- 2015 Tax Return
-2015 W2
-Copy of Joint Sponsors birth certificate
14. Copy of Joint Car insurance with USC spouse <Showed the copy of the insurance and the actual plan showing I added him months before marriage>
15. Copy of Joint Bank Statement with USC spouse <Showed all statements he was on prior to and after marrying, We added him on to anything we could ASAP>
16. Relationship evidence <Sent pictures from wedding rehearsal, and the wedding with full family in most pictures>

Form I-765 packet and supporting documents:

1. Form G-1145, signed and dated
2. Form I-765, signed and dated
3. Copy of biographic page of passport
4. Copy of K1 Visa page and Form I-94
5. Certified copy of marriage certificate
6. 2 passport size photos with name and A# written at the back


Form I-131 packet and supporting documents:

1. Form G-1145, signed and dated
2. Form I-131, signed and dated + additional sheet
3. Copy of biographic page of passport
4. Copy of K1 Visa page and Form I-94 in passport
5. Certified copy of marriage certificate
6. 2 passport size photos with name and A# written at the back



Anything in green is just me making a note as to what that was, anything in red was just me omitting names.
I put anything and everything I could in mine, so while not all is recommended, it generally doesn't hurt if you give a little more.


Also, about the I-693, yes go get the vaccinations and put that in.

As for the name change, the way it's done here in Texas is that your name isn't considered changed until you take your marriage liscense to the SS office and apply for your name to be changed. Once your name is changed on your SS, you change your name on everything else, drivers licenses, credit cards, etc.
From what I've seen though, USCIS takes just the marriage cert as proof of name change. Usually with K-1, you don't have the time to go do all of the stuff to get your name changed 100% prior to AOS.

Edited July 4, 2016 by Ash.1101

[Dashinka 24,831]

Per you response to item four above. The marriage certificate functions as a legal name change document regardless if there is a specific section stating that your wife will be taking your family name. Many times an immigrant on a K1 cannot change the name on their SSC with just the marriage certificate because many clerks at the SSA don't have a clue and only use the I94 and foreign passport to issue the SSC. It is usually easier to file the adjustment package with the name your wife wants to use then get the name changed on the SSC once you receive either your EAD/AP card or GC. Then you can tackle the name change on the state ID. If you already changed the name on the SSC and state ID, then ignore my comments above, but you don't need to submit them (copies) in the package to prove a name change. The marriage certificate suffices.

For item three, if you did a complete new physical by a civil surgeon and have the sealed package then you should be fine. My wife also had an incomplete 3025 and we had to do a new physical. We did not include a copy of the incomplete 3025 since we had a new sealed envelope.

Good Luck!

Edited July 4, 2016 by Bill & Katya

[Am & Ra 19]

Thank you all VJ members responding to my question's.

I really appreciate it and you have saved me much time and effort. I think I now have the Form I-485 Adjustment of Status for initial filing from K-1 Visa, and the Form I-765 Application for work Authorization figured out.

However, I do still have a couple of question's remaining about Form I-131 Application for Travel Document if you don't mind answering them.

1. Part 3. Processing Information it asks on question Part 3. question 1, Date of intended departure________________. and Part 3. question 2, expected length of trip__________________.

We have no date of intended departure or expected length of trip! We are only filing the Form I-131 Application for Travel Document in case an emergency arises during adjustment of status. What answers do I put in these required fields?

2.The other question I have is once my wife receives the conditional two year green-card can we travel to Philippines without the use of advance Parolee?

Edited July 4, 2016 by Am & Ra

[KayDeeCee 4,896]

Thank you so much for your response to my question's KaaDeeCee, You are welcome.

1. Proof of bona fide marriage is not a requirement of the initial I-485 filing. IF you should have an interview, then take it at that time. So what your are also saying is there is no reason to front load the I-485 application like you do with the I-129F? Just send them the documents that are asked for in the USCIS instruction's for filing I-484 correct? <---- It is not required. You can add it if you want though.

2. I am confused as to whether or not you are sending a DS-3025 from your K-1 exam(panel physician), or an I-693 you received in the US from a civil surgeon. My now wife was pregnant at the time of her medical in the Philippines, so she only completed the medical and passed; however, she didn't receive any vaccination shots at that time because of being pregnant. Her DS-3015 she received at time of medical in Philippines is Blank. We will be filing the I-693 instead after she is vaccinated by Civil Surgeon, Correct? <-- Yes, just the I-693 from the civil surgeon is all you need to include.

3. If changing name through marriage, a copy of the marriage certificate is all you need as proof of name change. Your state ID and SS card are not proof of name change. In the State we were married the marriage license only shows my wife's maiden name. I asked about this after receiving it and was told that once Social Security and State ID have been acquired by her in married name that would constitute the legal name change in our State. Does it matter to USCIS if our Certified Marriage license only shows her maiden name? <-- The marriage certificate is the legal name change document, whether in a state that lists the name after marriage or not. Changing it on your ID and SSN is not what makes it changed/legal. You use the marriage certificate to change it on those documents too because that is the document needed for proof of name change through a marriage. You can do a search here on VJ about this. There are plenty of topics on this subject.

[KayDeeCee 4,896]

Thank you all VJ members responding to my question's.

I really appreciate it and you have saved me much time and effort. I think I now have the Form I-485 Adjustment of Status for initial filing from K-1 Visa, and the Form I-765 Application for work Authorization figured out.

However, I do still have a couple of question's remaining about Form I-131 Application for Travel Document if you don't mind answering them.

1. Part 3. Processing Information it asks on question Part 3. question 1, Date of intended departure________________. and Part 3. question 2, expected length of trip__________________.

We have no date of intended departure or expected length of trip! We are only filing the Form I-131 Application for Travel Document in case an emergency arises during adjustment of status. What answers do I put in these required fields?

2.The other question I have is once my wife receives the conditional two year green-card can we travel to Philippines without the use of advance Parolee?

You can put Unknown or N/A for those 2. No explanation or reason is needed, and you do not need travel plans to get AP.

AP is only used while waiting for the green card. When AOS is approved, she will be a lawful permanent resident of the US. An LPR is allowed to work and travel abroad and re-enter the US.