Left K1 process, now doing AOS, need some help (merged)

[nevernotinblack 8]

Hi everyone! For background, we were previously applying for a K1 (I-129F approved, case at NVC), and are now doing AOS instead after getting married in the US.

We have some questions/clarifications for the forms (please feel free to correct)

 

I-130

 

Part 2

No. 2 - USCIS online account number

For clarification - petitioner made a USCIS online account for our K1. Is this the same number we will use on this form?

 

Part 4

No. 4 - A-number

On our NOA2 for our K1, there is a series of numbers next to the “Beneficiary” title. Is this the A-number, and should we indicate it on the I-130 as well?

 

No. 10 - Has anyone else filed a petition for the beneficiary?

Our answer is No, since this is the same petitioner.

 

Part 5

No. 1 - Have you EVER previously filed a petition for this beneficiary or any other alien?

Our answer is YES since we had an approved I-129F at the NVC, but confused about

3.a City or Town

3.b State

Is this the lockbox in Texas? Or our Service Center (CA)

 

No.5. Result - should we put approved, then withdrawn? We intend to attach a letter withdrawing the I-129F with this package

 

 

I-485

A-Number - same question as the one above, but also, should we fill out the blanks at the top of the pages (for A-number)

 

I-864

Part 6

No. 23.a. Have you ever filed a Federal income tax return for each of the three most recent tax years?

We answered No since the petitioner will only file this year (for 2021); he was with me in the Philippines in 2019 and was unemployed in 2020.

 

Also a general question for I-864 - the petitioner’s current income exceeds the HHS poverty guidelines for our household size, but we are concerned since he can only show 1 tax return. Do we need a joint sponsor?

 

Sorry for the lengthy post, just want to make sure we do everything right. 

[nevernotinblack 8]

6 hours ago, nevernotinblack said:

I-485

A-Number - same question as the one above, but also, should we fill out the blanks at the top of the pages (for A-number)

In addition, for Part 3

 

Have you ever applied for an immigrant visa to obtain permanent resident status at a US embassy or US consulate abroad? (Yes or No)

      - Unsure what to answer because if I remember correctly, the K1 is a non immigrant visa (but is treated as an immigrant visa in terms of processing) AND our case never reached the Embassy, it's still at NVC.

[nevernotinblack 8]

Disclaimer - have gone through the very helpful AOS guide here and I truly appreciate the help of this community.

Trying this again with different questions. Sorry this is a lengthy post.

 

For background, we were previously applying for a K1 (I-129F approved, case sitting at NVC), and are now doing AOS instead after getting married here in the US.

We have some questions/clarifications for the forms (please feel free to correct). Questions are underlined and italicized for your convenience.

 

I-130

 

      Part 4

          No. 4 - A-number

          On our NOA2 for our K1, there is a series of numbers next to the “Beneficiary” title.

               Is this the A-number, and should we indicate it on the I-130 as well?

 

      Part 5

          No. 1 - Have you EVER previously filed a petition for this beneficiary or any other alien?

          Our answer is YES since we had an approved I-129F at the NVC, but confused about

              3.a City or Town

              3.b State

                Is this the lockbox in Texas? Or our Service Center (CSC)?

 

           No.5. Result

                Should we put approved, then withdrawn? We intend to attach a letter withdrawing the I-129F with this package

 

 

I-485

        Part 3

           Have you ever applied for an immigrant visa to obtain permanent resident status at a US embassy or US consulate abroad? (Yes or No)

                Unsure what to answer because if I remember correctly, the K1 is a non immigrant visa AND our case never reached the Embassy, it's still at NVC.

 

I-864

 

 

 

 

Part 6

For reference, petitioner has filed 2020 and will file 2021 tax, but has not filed 2019 since he had foreign income at the time and it was below the IRS required level, but he only has a certificate of employment to verify this (which did not state his income at that time).

How do we answer numbers 23a-25 - is this correct?

         23.a. No

         23.b. Not ticked

         24.a. and 24. b - Indicate tax year and income

         24.c. - N/A but with written letter of explanation and possibly copy of certificate of employment?

         25. Tick? Since it applies to 24.c? Or just leave it?

Edited February 18, 2022 by nevernotinblack

[iwannaplay54 985]

The earliest I have seen an A number is on a visa.  I do not believe you have been issued an A-number however I could be wrong.  Is the number formatted A-XXX-XXX-XXX?
City/State is your own

Approved xx/xx/xxxx and withdrawn xx/xx/xxxx is what I would put (dates)

No visa application has been submitted, answer is no.  A visa application is a pain, your beneficiary would remember LOL

23-25 - looks correct based on your circumstances

 

Edited February 18, 2022 by iwannaplay54

[nevernotinblack 8]

14 minutes ago, iwannaplay54 said:

The earliest I have seen an A number is on a visa.  I do not believe you have been issued an A-number however I could be wrong.  Is the number formatted A-XXX-XXX-XXX?

Yup, it's AXXX XXX XXX - got it on our NOA2 (since we were previously applying for a K1) and it's written next to 'Beneficiary'

15 minutes ago, iwannaplay54 said:

City/State is your own

The state where the petitioner lived at the time of filing? Or where the petition was sent (i.e. lockbox)

Sorry need to clarify this

17 minutes ago, iwannaplay54 said:

No visa application has been submitted, answer is no.  A visa application is a pain, your beneficiary would remember LOL

Again to clarify, this doesn't include our K1? Since I-485 is for beneficiary

 

19 minutes ago, iwannaplay54 said:

23-25 - looks correct based on your circumstances

Thank you

[iwannaplay54 985]

10 minutes ago, nevernotinblack said:

Yup, it's AXXX XXX XXX - got it on our NOA2 (since we were previously applying for a K1) and it's written next to 'Beneficiary'

The state where the petitioner lived at the time of filing? Or where the petition was sent (i.e. lockbox)

Sorry need to clarify this

Again to clarify, this doesn't include our K1? Since I-485 is for beneficiary

 

Thank you

Yep, That’s the A number, I remember finding it on our visa but do not recall it was on the NOA2.  That is the A number I would put in that blank

 

I had to do a second I130 and on that I130 I put MY OWN city and state for the previously filed one (same immigrant).  Might not have been the right basis but that’s what I put.  
 

You are referencing the previously filed petition above but that is not the visa application that the applicant fills for the embassy/consulate.  If your beneficiary never filled out the visa application (state department) then the answer to that is still no.  

 

[nevernotinblack 8]

1 minute ago, iwannaplay54 said:

Yep, That’s the A number, I remember finding it on our visa but do not recall it was on the NOA2.  That is the A number I would put in that blank

 

I had to do a second I130 and on that I130 I put MY OWN city and state for the previously filed one (same immigrant).  Might not have been the right basis but that’s what I put.  
 

You are referencing the previously filed petition above but that is not the visa application that the applicant fills for the embassy/consulate.  If your beneficiary never filled out the visa application (state department) then the answer to that is still no.  

 

Got it, everything is clear now. Thank you so much for your help. 

[iwannaplay54 985]

4 minutes ago, nevernotinblack said:

Got it, everything is clear now. Thank you so much for your help. 

Best of luck!

[millefleur 5,046]

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