AOS & EAD..I FEEL SOL..HELP PLZ!

[sunset2005 0]

I HAVE SOME QUESTIONS WHAT TO FILL IN THESE FORMS.

1. EAD FORM-QUESTION #16-NONE OF THESE ANSWERS APPLY, SO DO WE LEAVE IT BLANK?

2. I-485 FORM- QUESTION #2- MY HUSBAND IS HERE ON K3 SO WOULD I CHECK "B"?

3. I-485 FORM- QUESTION #3- WHERE DO I FIND THE VISA NUMBER? ( I SEE LOTS OF NUMBERS ON HIS VISA?)

4. DO I NEED TO FILL OUT THE I131? OR CAN THIS HOLD OFF FOR A WHILE?

5. I864- FORM- THIS WILL BE DONE WHEN HE HAS HIS AOS INTERVIEW, RIGHT?

THANK YOU ALL VJ MEMBERS!!! I WILL BE JUST SO GLAD WHEN THIS IS ALL DONE!

[jamrok 0]

Question #3 Visa numbers are the numbers in red.

Question#5 I-864 MUST be filled out, signed and sent in with AOS docs.

[sunset2005 0]

THANK YOU JAMROK!

All these forms are just so overwhelming!! I don't know what I would do without this site!!!

Question #3 Visa numbers are the numbers in red.

Question#5 I-864 MUST be filled out, signed and sent in with AOS docs.

[Savanphil 3]

#1

If a question does not apply write N/A

If a the answer to the question is None write NONE

It's not good to leave anything blank. Good luck

Edited April 13, 2007 by Savanphil

[Dr_LHA 3]

2. I-485 FORM- QUESTION #2- MY HUSBAND IS HERE ON K3 SO WOULD I CHECK "B"?

No. Tick "A".

4. DO I NEED TO FILL OUT THE I131? OR CAN THIS HOLD OFF FOR A WHILE?

Do you think you will need to travel in the next 12 months? If yes, apply for the AP. It takes 60-90 days to be approved, so you can't just hold off until you need it.

[Savanphil 3]

#1

If a question does not apply write N/A

If a the answer to the question is None write NONE

It's not good to leave anything blank. Good luck

Ooooooooops, you should have an answer for #16 on the EAD form. I'm going to check and see which code you write....there is like a page in a half in the instructions about Question #16.

Here's the answer From the instructions:

K-3 nonimmigrant spouse of a U.S. citizen or K-4dependent-- (a)(9). File your EAD application along with evidence of your admission, such as copies of your Form I-94,passport and K visa.

Edited April 13, 2007 by Savanphil

[Dr_LHA 3]

#1

If a question does not apply write N/A

If a the answer to the question is None write NONE

It's not good to leave anything blank. Good luck

Ooooooooops, you should have an answer for #16 on the EAD form. I'm going to check and see which code you write....there is like apage in a half in the instructions about Question #16.

( c) (9) if applying with AOS.

Edited April 13, 2007 by Dr_LHA

[Dr_LHA 3]

Here's the answer From the instructions:

K-3 nonimmigrant spouse of a U.S. citizen or K-4dependent-- (a)(9). File your EAD application along with evidence of your admission, such as copies of your Form I-94,passport and K visa.

THIS IS WRONG IF FILING FOR EAD CONCURRENTLY WITH AOS

The actual answer as I said above is ( c)(9), which is for EAD based on "Family-based adjustment applicant".

Edited April 13, 2007 by Dr_LHA

[Savanphil 3]

Here's the answer From the instructions:

K-3 nonimmigrant spouse of a U.S. citizen or K-4dependent-- (a)(9). File your EAD application along with evidence of your admission, such as copies of your Form I-94,passport and K visa.

THIS IS WRONG IF FILING FOR EAD CONCURRENTLY WITH AOS

The actual answer as I said above is ( c)(9), which is for EAD based on "Family-based adjustment applicant".

I see your point however,

We used (A) (9) for ours and that was the instructions for K-3 and we never got RFE or anything

Edited April 13, 2007 by Savanphil

[Dr_LHA 3]

I see your point however,

We used (A) (9) for ours and that was the instructions for K-3 and we never got RFE or anything

Yes, sometimes USCIS officers are nice and correct your mistakes rather than just rejecting the form. However that doesn't make (a)(9) any less wrong.

(a)(9) is only correct if you are filing for EAD on a K-3 before you file for AOS. If you're filing for AOS, then the EAD is no longer based on the K-3 status, but the AOS status.

Edited April 13, 2007 by Dr_LHA

[Savanphil 3]

I see your point however,

We used (A) (9) for ours and that was the instructions for K-3 and we never got RFE or anything

Yes, sometimes USCIS officers are nice and correct your mistakes rather than just rejecting the form. However that doesn't make (a)(9) any less wrong.

(a)(9) is only correct if you are filing for EAD on a K-3 before you file for AOS. If you're filing for AOS, then the EAD is no longer based on the K-3 status, but the AOS status.

I concede your point there is a difference in filing EAD before AOS, than filing EAD and AOS together. I hope the poor guy isn't confused by all of this.

I also found in the instructions under family based

Family-based adjustment applicant --( C )(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, application for permanent residence, is pending. You may file Form I-765 together with your Form I-485.

My apologies to the OP.

Edited April 13, 2007 by Savanphil

[misa 2]

4. DO I NEED TO FILL OUT THE I131? OR CAN THIS HOLD OFF FOR A WHILE?

Nope. He has a K3 which is multiple entry visa good for 2 years. He doesn't need to apply for Advance Parole.

[sunset2005 0]

THANK YOU EVERYBODY!! I REALLY APPRECIATED EACH AND EVERYONE'S REPLY TO MY QUESTIONS. I JUST NEVER THOUGHT HOW CONFUSING THIS COULD GET. THANKS AGAIN EVERYBODY!!!

[Dr_LHA 3]

4. DO I NEED TO FILL OUT THE I131? OR CAN THIS HOLD OFF FOR A WHILE?

Nope. He has a K3 which is multiple entry visa good for 2 years. He doesn't need to apply for Advance Parole.

Yeah, good point. K-3 remains valid (at least until it runs out) while AOS is pending, unlike a lot of other visas.

Edited April 13, 2007 by Dr_LHA