I'm in US - Considering to abandon K1 for Green Card Process

[FattieBanton 35]

fyi there's also the i-130A and the i-864 that need to be filed with the 130 and 485 ... right?

[lunajo 1]

18 hours ago, pushbrk said:

File everything at one time, by mail.  It's called a concurrent filing for a reason.  The other way you know they received your forms and payment is when the checks (two separate ones) get cashed.  I don't understand your concern with the date.  You can file after overstaying several years and have the same result.  If you want tile before your allowed stay expires, then be sure to do that.  It's just a date on the calendar.  Work with it.

 

Online filing of the I-130 can save a couple days in a process that's going to take more than a year, but it is a very bad idea when your goal is a concurrent filing.  Filing BOTH the I-130 and I-485 is what does the magic you want.  That cannot be done online at this time.

 

Thanks for the clear advice! I'll be sure to submit the paperwork together via mail. And yes, I've stopped obsessing over the date. I realised that it may not matter...

[lunajo 1]

1 hour ago, FattieBanton said:

fyi there's also the i-130A and the i-864 that need to be filed with the 130 and 485 ... right?

 

https://www.visajourney.com/forms/adjustment-of-status/ - these are the forms that I will be submitting. 

[FattieBanton 35]

 

8 minutes ago, lunajo said:

 

https://www.visajourney.com/forms/adjustment-of-status/ - these are the forms that I will be submitting. 

thanks for that link. i didn't know about 765 or 325... i dont see them as being listed as part of the process in the uscis page. i'll fill them out though.

 

i've heard that 944 isn't a requirement anymore?

[geowrian 22,337]

53 minutes ago, lunajo said:

 

https://www.visajourney.com/forms/adjustment-of-status/ - these are the forms that I will be submitting. 

This is outdated. The G-325 has not been used for a couple years now, and the I-944 is no longer required (or even available from USCIS).

The current guide for AOS in the OP's case is here:

 

 

44 minutes ago, FattieBanton said:

thanks for that link. i didn't know about 765 or 325... i dont see them as being listed as part of the process in the uscis page. i'll fill them out though.

 

i've heard that 944 isn't a requirement anymore?

The I-765 is optional but highly recommended. Once approved, this will grant an EAD to work.

The I-131 is optional but highly recommended. Once approved, this will grant AP to travel abroad and return w/o abandoning the AOS process.

If AOS is filed before the fee changes in October, there is not additional fee for these forms.

 

The G-325 hasn't been used in over 2 years now (I think it's closer to 3 years even...).

The I-944 has been removed form the USCIS website and is not required due to a nationwide injunction. It wouldn't be a bad idea to start gathering documentation for that in case it does become required again, but it is not required to submit any of that at this time.

Edited August 12, 2020 by geowrian

[lunajo 1]

1 minute ago, geowrian said:

The I-765 is optional but highly recommended. Once approved, this will grant an EAD to work.

The I-131 is optional but highly recommended. Once approved, this will grant AP to travel abroad and return w/o abandoning the AOS process.

If AOS is filed before the fee changes in October, there is not additional fee for these forms.

 

The G-325 hasn't been used in over 2 years now (I think it's closer to 3 years even...).

The I-944 has been removed form the USCIS website and is not required due to a nationwide injunction. It wouldn't be a bad idea to start gathering documentation for that in case it does become required again, but it is not required to submit any of that at this time.

 

Thank you for sharing this!!!

[pushbrk 12,890]

7 hours ago, FattieBanton said:

fyi there's also the i-130A and the i-864 that need to be filed with the 130 and 485 ... right?

Two packages, one envelope.  I-765 and I-131 go with the I-864 and I-485 as well.

[Sinead91 249]

Hi there OP, 

 

I had a k1 petition approved and arrived on vacation to the US on March on my ESTA. Once the covid situation got worse and my flights were cancelled, job was lost etc, we decided to get married and file for AOS. 
 

We posted our package on July 1st and received our NOA1 letters a few days ago. There are a number of posters who have done the same thing. My k1 expired on July 4th also (it was still “in transit” after 4 months 🤪)

[Zaraliaya 122]

8 hours ago, Sinead91 said:

Hi there OP, 

 

I had a k1 petition approved and arrived on vacation to the US on March on my ESTA. Once the covid situation got worse and my flights were cancelled, job was lost etc, we decided to get married and file for AOS. 
 

We posted our package on July 1st and received our NOA1 letters a few days ago. There are a number of posters who have done the same thing. My k1 expired on July 4th also (it was still “in transit” after 4 months 🤪)

did you get NoA1 for both of your packets?

Im considering this, but worry that for some reason, they'd be like 'nope' cause I have a K1 just sitting there at the Embassy (NoA2 been expired since May).
And yes, I'm already in the US, been here since late May in hopes I woulda heard something by now.

[Sinead91 249]

1 hour ago, Zaraliaya said:

did you get NoA1 for both of your packets?

Im considering this, but worry that for some reason, they'd be like 'nope' cause I have a K1 just sitting there at the Embassy (NoA2 been expired since May).
And yes, I'm already in the US, been here since late May in hopes I woulda heard something by now.

We posted my packet on the first of July and got our NOA1 a few days ago. My i94 was expired by the Time I got my noa1 but the important thing is that I got it  

 

If i were you, and you’re still legal, I would marry now and adjust. For arguments sake, keep any flight cancellations you have or anything you had coming over that proved you didn’t intend to stay initially. (I have my original flights that were cancelled plus the ones after thet were cancelled, my travel insurance, and holiday permission letters JUST in case) I spoke to previous posters who weren’t even questioned about their previous k1....we just attached a copy of our noa1 and noa2 for our k1 and a letter signed by us both explaining why. Again, not required, but no harm  

 

I was advised by many users on this forum to do it and they’ve never led me astray and it is legal to do so. Do what is best for you ❤️

 

[FattieBanton 35]

On 8/12/2020 at 12:50 PM, geowrian said:

This is outdated. The G-325 has not been used for a couple years now, and the I-944 is no longer required (or even available from USCIS).

The current guide for AOS in the OP's case is here:

 

 

The I-765 is optional but highly recommended. Once approved, this will grant an EAD to work.

The I-131 is optional but highly recommended. Once approved, this will grant AP to travel abroad and return w/o abandoning the AOS process.

If AOS is filed before the fee changes in October, there is not additional fee for these forms.

 

The G-325 hasn't been used in over 2 years now (I think it's closer to 3 years even...).

The I-944 has been removed form the USCIS website and is not required due to a nationwide injunction. It wouldn't be a bad idea to start gathering documentation for that in case it does become required again, but it is not required to submit any of that at this time.

 

 

Correct me if i'm wrong, but besides the massive amount of paperwork, i'm also look at quite a bit of coin.

 

$1,140 - form485

$535 - form130

$575 - form131

$410 - form765

$85 - biometric fee (do i pay this once or for every form/process that requires it? i want to do concurrent filing and send everything at once, hopefully before 8/25)

$0 - form864

$0 - form944

---------------------

Total: 🤯🤯🤯🤯🤯🤯

 

[Zaraliaya 122]

4 minutes ago, FattieBanton said:

 

 

Correct me if i'm wrong, but besides the massive amount of paperwork, i'm also look at quite a bit of coin.

 

$1,140 - form485

$535 - form130

$575 - form131

$410 - form765

$85 - biometric fee (do i pay this once or for every form/process that requires it? i want to do concurrent filing and send everything at once, hopefully before 8/25)

$0 - form864

$0 - form944

---------------------

Total: 🤯🤯🤯🤯🤯🤯

 

I believe the i765 and i131 (travel permit right?) 

Those are currently included in the price of the i485. --- for now at least....come October they will be separate.

 

So it's the I130 and I485 price you need to work about.

 

Unless I'm wrong. But right now I know for sure that the other 2 are currently fee waived if you send it all in at the same time.

[Zaraliaya 122]

7 hours ago, Sinead91 said:

We posted my packet on the first of July and got our NOA1 a few days ago. My i94 was expired by the Time I got my noa1 but the important thing is that I got it  

 

If i were you, and you’re still legal, I would marry now and adjust. For arguments sake, keep any flight cancellations you have or anything you had coming over that proved you didn’t intend to stay initially. (I have my original flights that were cancelled plus the ones after thet were cancelled, my travel insurance, and holiday permission letters JUST in case) I spoke to previous posters who weren’t even questioned about their previous k1....we just attached a copy of our noa1 and noa2 for our k1 and a letter signed by us both explaining why. Again, not required, but no harm  

 

I was advised by many users on this forum to do it and they’ve never led me astray and it is legal to do so. Do what is best for you ❤️

 

Yeah, I have my cancelled flights, travel insurance, and my work contract too that said they'd expect me back (it's ending soon anyway).

 

Just worried about the i94 expiring by the time.i get the noa1 for both the i130 and i485 and then I'd be over stayed.

 

I still have a bunch of belongings in Canada, but those can be just mailed to me.

 

Guess if you've talked to people all about it, should be good.

 

Did you call whoever had your K1 and tell them you cancelled it? Or since the NoA2 was expired you didn't bother?

[FattieBanton 35]

55 minutes ago, Zaraliaya said:

I believe the i765 and i131 (travel permit right?) 

Those are currently included in the price of the i485. --- for now at least....come October they will be separate.

 

So it's the I130 and I485 price you need to work about.

 

Unless I'm wrong. But right now I know for sure that the other 2 are currently fee waived if you send it all in at the same time.

Thanks man. Can anyone else confirm this?

[FattieBanton 35]

also, when doing concurrent filing, do you add up all the fees and fill out one 1450 form, or do you do one separately for each fee?