Some AoS Questions! (from K1 visa)

[Bethany92 0]

Hey everyone,

 

I've been living with my fiance for 4 weeks now, marriage ceremony is scheduled for this week! We've started working on the AoS paperwork in the meantime, but I have a few questions.

 

1. Affidavit of Support: during the k1 visa process, I was worried about just barely meeting the requirements for support, so my mom was kind enough to fill out a form as well to back us up. I'm wondering can the same be done for the AoS process? Looking at that particular form, it looks a little more intense than the last one. I still jut barely meet the requirements to be above the poverty-line for 2 adults; it's really REALLY close. So can I have my mom fill out a form so we can file for "dual support" for this process too?

 

2. Our ceremony is going to be in the courthouse with just us and 2 close friends. My fiance and I want to have an actual wedding with all of our family and friends once all of this craziness is over and we're in a more stable spot. We don't even have rings yet because we want an actual wedding to make it "the real deal." How big of an issue is that going to be for us during this process? We intend on providing as much evidence as we can of him living here, being involved with my friends and family, and anything else we can manage. We will also hopefully get pictures of the small ceremony itself. Will that be enough? Surely other people have done it this way too right?

 

3. Is the timeline/guide for the AoS process on this website up-to-date? I know things are constantly changing in these processes, including form numbers and what needs to be submitted, so I just want to be sure if I'm following the guide on this site, I'm getting the most updated version of everything that needs to go in the packet. (Though I trust this website for this more than any other at this point anyway...)

 

I probably have a ton more questions but that's all I can think of for now! Thanks!

Edited June 24, 2018 by Bethany92

[debbiedoo 2,339]

as long as you are legally married and can provide proof of such within the 90 days and when filing for AOS, thats fine. they dont care about a 'wedding' or even rings, just that you are married and in a bonafide relationship (so combine accounts, put each other on insurances, wills, etc)'. our wedding is planned for next summer, but we will do the legalities when he gets here.

 

yes, you can have a co sponsor for AOS.

[geowrian 22,337]

1. If you qualify on your own, do that. If not, or you are unsure, you can use a joint sponsor that meets the requirements. Note that a joint sponsor must meet the individual requirements...you can't combine incomes.*
   1. If your mother is in the same physical residence as you, they can file an I-864A as a household member to combine incomes. This is different than being a joint sponsor.
2. No issue at all. Some people have 400 guests, I had 30, and others just have 2 witnesses at a courthouse. All of these are equal in terms of a bona fide marriage. Rings have no immigration merit.
3. The guide is updated, at least as of the time of posting this. Timelines vary heavily from office to office....expect 7-18+ months.
   1. ETA on the EAD and AP is around 3-6 months.
   2. Always go by the official instructions first, before any guides.

Edited June 24, 2018 by geowrian

[sunshinelove 52]

1. The financial requirements are a little different from the K1 and AOS. With the K1 you have to meet 100% of the requirements but during AOS it's 125%. Since you said you barely made it for the K1, I just want to make sure you know this. Anyhow, I'd recommend using your mother as a joint-sponsor or combining your income if you live in the same household as suggested above. 

2. W got married at our local park and only my family and close friends were there. My wife got her greencard a couple weeks ago. During the interview, she just asked to see pictures and asked a few questions but she was most interested in our financial co-mingling. So a courthouse wedding is perfectly ok. (We actually plan to do the same thing as you. Have a small ceremony and then a bigger one later for all friends and family to come to.)

3. From my experience, this site is pretty up to date, though for the forms I'd suggest making sure you're using the most current version before you send off your packet. When we sent off for AOS, I didn't make sure and I got the packet back in the mail. Turns out the form updated right before I put it in the mail and I didn't know. 

[Mmagic 127]

We got married at the Van Nuys court and all what we had is two people and that was it.

Last week we went to the AOS interview. All what the Office asked for the husband divorce papers and New Medical exam since mine is more than 12 months old...(some will debate this as USCIS can't ask for it if K1 already submitted one already< I have to say they did ask for one and we had to follow the Officer instructions) 

There was not too many questions at the interview, only what we both do for a living, how many kids we have and how we met....that was it. We give him all copies of required evidence and he made copies of few photos...then he said we are done, just submit the Medical Exam. 

[Bethany92 0]

Thanks to everyone who replied, I did read them but never had time to respond, sorry! We're still working on all the paperwork and I have remembered another question I had:

 

It says that we do not need to go through the med exam if it's within a year of the K1 exam (which it is). Do we still have to submit the 1-693 or do we just leave it out altogether? We made a copy of the medical record he presented at POE, is it even necessary to put that in there or do they already have his info in their system? 

[Bethany92 0]

(Can't figure out how to edit that post now and just thought of another question...) 

 

Other question is, does he NEED a social security number before we file or can he get that whenever? 

[geowrian 22,337]

26 minutes ago, Bethany92 said:

It says that we do not need to go through the med exam if it's within a year of the K1 exam (which it is). Do we still have to submit the 1-693 or do we just leave it out altogether? We made a copy of the medical record he presented at POE, is it even necessary to put that in there or do they already have his info in their system? 

No, but you should submit the vaccination record worksheet (DS-3025). Otherwise, it can be submitted at the interview.

 

8 minutes ago, Bethany92 said:

(Can't figure out how to edit that post now and just thought of another question...) 

 

Other question is, does he NEED a social security number before we file or can he get that whenever? 

The ability to edit expires after 10 minutes.

 

An SSN is not required to file for AOS. However, it is suggested to get one to make various items easier (opening a joint bank account, drivr's license, easier to obtain health insurance, etc.).

Edited July 27, 2018 by geowrian

[Bethany92 0]

3 minutes ago, geowrian said:

No, but you should submit the vaccination record worksheet (DS-3025). Otherwise, it can be submitted at the interview.

 

The ability to edit expires after 10 minutes.

 

An SSN is not required to file for AOS. However, it is suggested to get one to make various items easier (opening a joint bank account, drivr's license, easier to obtain health insurance, etc.).

Great, thanks so much!

[Bethany92 0]

I have another question! We just got to the optional I-131, Application for Travel Document . I hadn't really read through it until now. My original assumption was it could be sent in with the whole packet and if approved, it would simply give him the ability to travel to Canada at any time while the process is still going on. Now it appears that it is actually optional because it is for specific dates of travel, like if we planned a vacation there or something? So there's no point in filling it out otherwise right? And then in the future, if we DO plan a trip in the middle of this process, we can send that form in at that time? How long do those take to process? What if there is a family emergency and he needs to travel back on very short notice?

[geowrian 22,337]

2 hours ago, Bethany92 said:

I have another question! We just got to the optional I-131, Application for Travel Document . I hadn't really read through it until now. My original assumption was it could be sent in with the whole packet and if approved, it would simply give him the ability to travel to Canada at any time while the process is still going on. Now it appears that it is actually optional because it is for specific dates of travel, like if we planned a vacation there or something? So there's no point in filling it out otherwise right? And then in the future, if we DO plan a trip in the middle of this process, we can send that form in at that time? How long do those take to process? What if there is a family emergency and he needs to travel back on very short notice?

For AP issued due to a pending I-485, you can put "As Needed", "Unknown", etc. for the date(s) needed. You are permitted to travel and re-enter on AP without a specific reason or emergency (this is NOT the case when AP is requested for many other use cases).

ETA: ~3-6 months.

Emergency AP is available if required, but they are very strict on issuing this and it's not something you want to have to go through when you're already dealing with a family emergency.