K1 to AOS Questions

[soprano82 5]

I am currently in the process of completing the paperwork for the AOS of my wife to a permanent resident of the US. Fortunately, the paperwork seems easier than the original i-129f paperwork, but I have run into some things that are not completely making sense to me. I wanted to see if I can get some input from the community on these questions.

 

1. Since my now wife was a K1 recipient, it is my understanding that she does not need to have another medical exam to fulfill the requirements of the i-693. We have a copy of the medical exam that was completed in Japan, prior to her interview at the embassy. From the instructions for the i-693, we saw that the vaccination record should be included, but nothing about any of the other forms. I want to make sure that we do not have to complete anything on the i-693 (meaning we don't submit that form at all) and only include a copy of the vaccination records that are part of the copy of the medical record report with the AOS submission.

 

2. I have a few questions about the affidavit of support that I would like to get some input on as well. On the section regarding household size, the 3rd question asks you to enter 1 for your spouse if you are married. Since my wife is the principal immigrant that I am sponsoring, I have already counted her in an earlier section of the affidavit. I will only be supporting her and myself, so I don't understand why it would say to enter 1 for my spouse, making the total 3 instead of 2 (what it should be). She is not bringing any family in with her. How should I address that section? Should I leave the spouse part blank, since she's already counted? I am also concerned if it is frowned upon to not complete the additional pieces of the form that are marked optional (Assets section, etc). I wouldn't have an issue doing it, but we would like to mail this out this week as she has 1 more month left on her K1 visa. My income is far above the 125% poverty line mark, and I am going to provide my tax return from the most recent year only. Is a tax transcript acceptable? I was also planning to include a short letter from my boss confirming my annual income. The reason I ask about that is because my income was very low during 2015, which is the 3rd tax year you have to report on the form, since I was a student at the time. I was wondering if clarifying why my income was so low that year in the supplemental information area will be adequate?

 

3. The last question (for now) that we have is regarding the i-131 (requesting advanced parole). We noticed that it asks for the exact dates that my wife would be planning to travel outside the US while her AOS is pending. We would like to try to go back to Japan to visit her family while the AOS is processing, but we haven't set an actual date yet. Will we have to file the i-131 separately and pay the filing fee once we have determined when we will go, if we can't figure that out prior to submitting the original AOS documentation? There is also a segment of the form that asks if you plan to use the advanced parole document more than 1 time, which is confusing when it asks questions regarding a specific time frame for a given trip earlier in the form. As a result, we are looking for some clarification on that aspect of the form as well.

 

Thanks again for any input. We can't wait to finally have this stuff submitted and off our hands.

 

[geowrian 22,338]

1) Correct (assuming the K-1 medical is less than 1 year old).

 

2) You can enter "0" for that box. The instructions say not to report the same person more than once.

Assets are optional. If you will not be using assets to meet the requirements, then you can leave those blank just fine. I did.

A tax transcript is perfectly fine. Th employment letter and some pay stubs in additional to verify income is suggested.

 

3) "Unknown" or "TBD" is fine. You don't need specific dates for the I-131 on the basis of having a pending I-485.

There's no fee for the I-765 or I-131 when filed with an I-485. Just include the packets in the same mailing and it's fine.

AP issued for a pending AOS will be multiple-use. The I-131 is used for many different purposes, so not all questions are very meaningful in your circumstances.

[Dutchster 1,107]

Geowrain explained it perfectly. 

 

 

Also, VJ has example guides like I-485 filled out or I-864. It might (maybe?)  not be fully updated to the newest version but it’ll at least give you a guideline of what to leave blank or N/A and what to fill out. 

[soprano82 5]

On 3/12/2018 at 12:39 AM, geowrian said:

1) Correct (assuming the K-1 medical is less than 1 year old).

 

2) You can enter "0" for that box. The instructions say not to report the same person more than once.

Assets are optional. If you will not be using assets to meet the requirements, then you can leave those blank just fine. I did.

A tax transcript is perfectly fine. Th employment letter and some pay stubs in additional to verify income is suggested.

 

3) "Unknown" or "TBD" is fine. You don't need specific dates for the I-131 on the basis of having a pending I-485.

There's no fee for the I-765 or I-131 when filed with an I-485. Just include the packets in the same mailing and it's fine.

AP issued for a pending AOS will be multiple-use. The I-131 is used for many different purposes, so not all questions are very meaningful in your circumstances.

Thank you so much for your response! I had 2 other questions for you that I wanted to see if you may have some insight into. The 1st is an extension to my i-131 question. In the advanced parole part of the form it says to include a separate sheet of paper to explain how you qualify for advance parole. It asks for documents to be included that you would like considered to support that as well. I don't understand what we could put down for that.

 

The other question I had stems back to the i-485. Part of the form asks if you have ever been a member of, involved in, or in any way associated with an organization, etc in the US. My wife was a member of a US based drum and bugle corps for 2 summers as a performing member. I am not sure if that counts for that question. She wasn't paid to perform in group and was in the US for only 3 months on a normal traveler's visa.