Adjustment of Status - who is filing what and immigration status?

[Synonym 2]

Hei there! 

 

I entered the U.S on a K1 visa, got married and are now in the process of adjusting my status. I went and fixed my security card yesterday, so that's a start!

 

I have read quite a bit about the AOS process and I have read so many different things. Therefore I need some help from you guys to straighten a few things out for me:

 

• Who is filling out what forms?

 

My husband is the one who is going to be the sponsor, so I assume he's filling out the Affidavit of Support (I-864) more or less the same way as he did for the K1 visa. But I've read somewhere that he also has to fill out other forms. In that case: What forms are these?

 

• What is my new status after getting married on the K1?

 

For example: In the form I-765 question 15 they ask for my "Current immigration status". Am I still a K1, No lawful status, etc?

 

In beforehand: Thank you!:)

[Ksenia_O 696]

1 hour ago, Synonym said:

Hei there! 

 

I entered the U.S on a K1 visa, got married and are now in the process of adjusting my status. I went and fixed my security card yesterday, so that's a start!

 

I have read quite a bit about the AOS process and I have read so many different things. Therefore I need some help from you guys to straighten a few things out for me:

 

• Who is filling out what forms?

 

My husband is the one who is going to be the sponsor, so I assume he's filling out the Affidavit of Support (I-864) more or less the same way as he did for the K1 visa. But I've read somewhere that he also has to fill out other forms. In that case: What forms are these?

 

• What is my new status after getting married on the K1?

 

For example: In the form I-765 question 15 they ask for my "Current immigration status". Am I still a K1, No lawful status, etc?

 

In beforehand: Thank you!:)

Hi

You - I-485, I-765 and I131 forms

Your husband - I-864& and supporting the form documents (tax returns/transcripts, W2s and etc)

About your status: you are in "authorized stay" till your I-94 gets expired. After AOS is filed and  NOA1 is received, "authorized stay' continues.  It's a legal presence but sort of "limbo" status...until you have a green card.

 

Put K-1 visa holder on I-765 for "current immigration status".

 

Good luck with your immigration journey!!!

[Synonym 2]

20 minutes ago, Ksenia_O said:

Hi

You - I-485, I-765 and I131 forms

Your husband - I-864& and supporting the form documents (tax returns/transcripts, W2s and etc)

About your status: you are in "authorized stay" till your I-94 gets expired. After AOS is filed and  NOA1 is received, "authorized stay' continues.  It's a legal presence but sort of "limbo" status...until you have a green card.

 

Put K-1 visa holder on I-765 for "current immigration status".

 

Good luck with your immigration journey!!!

Thank you! That was very helpful. 

 

And also, I have the original documents that needs to be handed in and I have to take copies of:

 

•Both mine and my husbands birth certificate 

• NOAs 1 and 2 from K1 petition 

• Marriage license and certificate 

• Passport (biographical page, K1 visa page and stamp)

• My medical examination and vaccine record from overseas (it was conducted 3 months ago, and are valid for 1 year. The lady at the embassy, when I did my K1 interview, said I could use the same medical examination for my AOS)

 

What type of copies and where can I get these copies do I need to take of these documents? Will Notarized copies be sufficient? 

 

And a last question, since my medical examination from my home country for the K1 application still is valid, do I still need the form I-693? I never got this form since I didn't do my medical test here.

[Ksenia_O 696]

26 minutes ago, Synonym said:

Thank you! That was very helpful. 

 

And also, I have the original documents that needs to be handed in and I have to take copies of:

 

•Both mine and my husbands birth certificate 

• NOAs 1 and 2 from K1 petition 

• Marriage license and certificate 

• Passport (biographical page, K1 visa page and stamp)

• My medical examination and vaccine record from overseas (it was conducted 3 months ago, and are valid for 1 year. The lady at the embassy, when I did my K1 interview, said I could use the same medical examination for my AOS)

 

What type of copies and where can I get these copies do I need to take of these documents? Will Notarized copies be sufficient? 

 

And a last question, since my medical examination from my home country for the K1 application still is valid, do I still need the form I-693? I never got this form since I didn't do my medical test here.

You are welcome

 

I don't think you need your husband's birth certificate for AOS. . - regular copy.

you don't need NOA1 of your I-129F - just include NOA1, approval Notice  - the same, just regular copy. 

Marriage Certificate. - we included certified copy. Ask the place you got the License about certified copy. Usually it's Court House or so.. 

 

Correct about medical exam  - valid for one year. And medical results (sealed envelope) should've been taken from you at POE.

Did they give you DS-3025 form (vaccination record) during your medical in Norway? Hope, they did. If you have it - take a look if  box  "US vaccination requirements COMPLETE" checked. If checked - just include copy of DS-3025 with your AOS. But if not - then you have to visit civil surgeon to have vaccinations completed. And usually, civil surgeons want you to get the entire medical done

 

here is the good guide for AOS.

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

the only difference - seems like G-325A is not required any more  But the rest - still have to be submitted. 

Edited July 12, 2017 by Ksenia_O

[Synonym 2]

17 minutes ago, Ksenia_O said:

You are welcome

 

I don't think you need your husband's birth certificate for AOS. . - regular copy.

you don't need NOA1 of your I-129F - just include NOA1, approval Notice  - the same, just regular copy. 

Marriage Certificate. - we included certified copy. Ask the place you got the License about certified copy. Usually it's Court House or so.. 

 

Correct about medical exam  - valid for one year. And medical results (sealed envelope) should've been taken from you at POE.

Did they give you DS-3025 form (vaccination record) during your medical in Norway? Hope, they did. If you have it - take a look if  box  "US vaccination requirements COMPLETE" checked. If checked - just include copy of DS-3025 with your AOS. But if not - then you have to visit civil surgeon to have vaccinations completed. And usually, civil surgeons want you to get the entire medical done

 

here is the good guide for AOS.

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

the only difference - seems like G-325A is not required any more  But the rest - still have to be submitted. 

Ok thank you!

 

Yes I have the DS-3025 and the COMPLETE box is checked on the vaccination sheet! 😄 So I don't need a notarized copy of this form? I also have the DS-2054, and I assume the want a copy of that too? 

 

And where do you see that the G-325a is no longer needed, because that would be great news! Haha fewer forms to fill out;)

[Ryan H 3,821]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from K Visas forum.

[Synonym 2]

2 hours ago, Ksenia_O said:

Hi

You - I-485, I-765 and I131 forms

Your husband - I-864& and supporting the form documents (tax returns/transcripts, W2s and etc)

About your status: you are in "authorized stay" till your I-94 gets expired. After AOS is filed and  NOA1 is received, "authorized stay' continues.  It's a legal presence but sort of "limbo" status...until you have a green card.

 

Put K-1 visa holder on I-765 for "current immigration status".

 

Good luck with your immigration journey!!!

Does the "K-1 visa holder" status also apply for my I-485 form? I am kind of confused since everywhere I read It says that I am not a K1 anymore since we got married. I am afraid to make any mistakes on the forms.

[Ksenia_O 696]

1 hour ago, Synonym said:

Ok thank you!

 

Yes I have the DS-3025 and the COMPLETE box is checked on the vaccination sheet! 😄 So I don't need a notarized copy of this form? I also have the DS-2054, and I assume the want a copy of that too? 

 

And where do you see that the G-325a is no longer needed, because that would be great news! Haha fewer forms to fill out;)

I'm sorry.. I  messed up I-485 with I-129F, where if you are using the latest edition (04/10/2017) you don't need G-325A.

But I-485 still requires that.. Sorry about that - no fewer forms ;:)

 

 

[Ksenia_O 696]

23 minutes ago, Synonym said:

Does the "K-1 visa holder" status also apply for my I-485 form? I am kind of confused since everywhere I read It says that I am not a K1 anymore since we got married. I am afraid to make any mistakes on the forms.

Yes, put K-1 visa holder as well... 

You are right - you are not in that status anymore, but for I-485/I-765 purposes - yes... I understand it's a little confusing, but..

 

here is example of filled I-485 and other forms.

http://www.visajourney.com/examples/INS-Form-I-485.pdf

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

 

Don't be afraid.. You will be fine

[Synonym 2]

5 minutes ago, Ksenia_O said:

I'm sorry.. I  messed up I-485 with I-129F, where if you are using the latest edition (04/10/2017) you don't need G-325A.

But I-485 still requires that.. Sorry about that - no fewer forms ;:)

 

 

I started reading the I-485 instructions, and they actually don't require the G-325A anymore:

 

"Form G-325A, Biographic Information.  Form G-325A is no longer required.  You do not need to submit a separate Form G-325A with this Form I-485.  Parts 1. and 3. of this Form I-485 meet the requirements of 8 CFR 245.3(a)(3)(i) by collecting the biographical information formerly required on Form G-325A.  "

 

So you were right in the first place  

 

Haha yeah I find this process very confusing in general, a lot of documents and repetition. But that is just how the system is I guess.

 

[Ksenia_O 696]

4 minutes ago, Synonym said:

I started reading the I-485 instructions, and they actually don't require the G-325A anymore:

 

"Form G-325A, Biographic Information.  Form G-325A is no longer required.  You do not need to submit a separate Form G-325A with this Form I-485.  Parts 1. and 3. of this Form I-485 meet the requirements of 8 CFR 245.3(a)(3)(i) by collecting the biographical information formerly required on Form G-325A.  "

 

So you were right in the first place  

 

Haha yeah I find this process very confusing in general, a lot of documents and repetition. But that is just how the system is I guess.

 

Uuups... so I485 requirements have been updated as well. I'm glad you are on "fewer paper to fill out" track 

 

And yes, nothing needs to be notorized. Just get a certified copy of your marriage license.

[Ksenia_O 696]

Forgot to ask you..  Are you submitting I-131, Travel Document, along with your I-485 package?.

[Synonym 2]

1 hour ago, Ksenia_O said:

Forgot to ask you..  Are you submitting I-131, Travel Document, along with your I-485 package?.

Yes I am, how so?:)

[Ksenia_O 696]

2 minutes ago, Synonym said:

Yes I am, how so?:)

 

Sometimes people believe they won't travel until a green card in hands and don't apply for I-131.. But  I-485 can take up to a year, sometimes even longer...  

 

 I-131 wasn't mentioned yesterday,.. Just started worry, sorry  

 

[Synonym 2]

11 minutes ago, Ksenia_O said:

 

Sometimes people believe they won't travel until a green card in hands and don't apply for I-131.. But  I-485 can take up to a year, sometimes even longer...  

 

 I-131 wasn't mentioned yesterday,.. Just started worry, sorry  

 

No problem  I actually had a few questions regarding the I-131 too actually. If I check of that I need to use it for "multiple trips", would they be less likely to approve it or would it take longer you think? And approximately how long do you think he i-765 and I-131 processing will take?  and last question, are you sure they don't need to be notarized or stamped or anything? Just regular photocopies?