Any proof needed when applying for AOS?

[Noktor 4]

I've heard from someone that it's best to provide some sort of proof when applying for AOS. My wife came to the US on a K1 visa and we just got married and are about to apply for her AOS. Someone told me that we should have some of the following as proof as it will make our case stronger.

 

1. Joint bank account
2. Some bill/statement with both our names on it as proof of living together
3. an active mobile number for my spouse

 

Could someone confirm if this is true?

[Joyoussinger 1,425]

1 hour ago, Noktor said:

I've heard from someone that it's best to provide some sort of proof when applying for AOS. My wife came to the US on a K1 visa and we just got married and are about to apply for her AOS. Someone told me that we should have some of the following as proof as it will make our case stronger.

 

1. Joint bank account
2. Some bill/statement with both our names on it as proof of living together
3. an active mobile number for my spouse

 

Could someone confirm if this is true?

At the interview, you will have to show proof of living together as a married couple. They will realize you haven't been together for very long, and won't have a huge amount of documents, but they will want to see something. A health insurance policy with both names, a joint bank account, and bills or other mail addressed to both are  helpful.

[Rocio0010 5,580]

Make sure you become an A+ student in the process. Start Here

[Mike E 11,741]

5 hours ago, Noktor said:

I've heard from someone that it's best to provide some sort of proof when applying for AOS. My wife came to the US on a K1 visa and we just got married and are about to apply for her AOS. Someone told me that we should have some of the following as proof as it will make our case stronger.

 

1. Joint bank account
2. Some bill/statement with both our names on it as proof of living together
3. an active mobile number for my spouse

 

Could someone confirm if this is true?

It is true but it is also true that you generally should not wait to file I-485 if you have all the documents in hand that are needed to file I-485 (marriage certificate, birth certificate of K-1 visa holder, evidence of U.S. citizenship of petitioner). 
 

It really depends on how long you have been married. If you were married last week and have a marriage certificate in hand, do not wait to file. After filing, amass more evidence.

Edited April 11, 2023 by Mike E

[Scandi 4,173]

We did not send any evidence of a bonafide marriage with our i-485. We did however get an interview 7 months later, at that point we had managed to collect a fair amount of evidence.

[Noktor 4]

22 hours ago, Rocio0010 said:

Make sure you become an A+ student in the process. Start Here

I am required to fill out form I-130? I thought it was the I-485, I-131 (Travel Documents), and the I-765 (EAD) was the ones that most people fill out when they submit their AOS/Greencard application?

[Noktor 4]

I am following the guide posted here and it says the I-130 form is for K-3 visa. My wife came here on a K-1 visa. As far as I know, the only forms I need when applying for a greencard/aos for my wife is I-485, I-765, and the I-131.

 

Adjustment of Status (Green Card) Guide for K1 and K3 Visa Holders - US Immigration & Visa Guides - VisaJourney

 

K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F ** K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

[Scandi 4,173]

2 minutes ago, Noktor said:

I am following the guide posted here and it says the I-130 form is for K-3 visa. My wife came here on a K-1 visa. As far as I know, the only forms I need when applying for a greencard/aos for my wife is I-485, I-765, and the I-131.

 

Adjustment of Status (Green Card) Guide for K1 and K3 Visa Holders - US Immigration & Visa Guides - VisaJourney

 

K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F ** K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

The K-3 is for people who are already married (although that visa is hardly ever used anymore, it's the CR-1 these days). 

You weren't married and therefore applied for the K-1 instead. So whatever it says about K-3 doesn't apply to you at all. For the K-1 you have the i-129f. 

[Noktor 4]

4 minutes ago, Scandi said:

The K-3 is for people who are already married (although that visa is hardly ever used anymore, it's the CR-1 these days). 

You weren't married and therefore applied for the K-1 instead. So whatever it says about K-3 doesn't apply to you at all. For the K-1 you have the i-129f. 

Thanks for clearing that up. That's what I thought as well. I-129F (K1 Visa) and I-130 (CR1)

[Rocio0010 5,580]

1 hour ago, Noktor said:

I am required to fill out form I-130? I thought it was the I-485, I-131 (Travel Documents), and the I-765 (EAD) was the ones that most people fill out when they submit their AOS/Greencard application?

Nope, I-130 is also needed

[Noktor 4]

6 minutes ago, Rocio0010 said:

Nope, I-130 is also needed

Are you sure? I thought the I-130 is for K3 visa applicants only.

[Scandi 4,173]

44 minutes ago, Noktor said:

Are you sure? I thought the I-130 is for K3 visa applicants only.

Correct, i-130 is not part of the AOS from a K-1, if you got married within the 90 days.

[Noktor 4]

4 minutes ago, Scandi said:

Correct, i-130 is not part of the AOS from a K-1, if you got married within the 90 days.

Yes my fiance which came to the USA on a K1 visa, we got married within 90 days of her being here. So I can disregard form I-130 then?

[Scandi 4,173]

27 minutes ago, Noktor said:

Yes my fiance which came to the USA on a K1 visa, we got married within 90 days of her being here. So I can disregard form I-130 then?

Absolutely, don't send in that form, it has nothing to do with your AOS at all. 

[Noktor 4]

2 minutes ago, Scandi said:

Absolutely, don't send in that form, it has nothing to do with your AOS at all. 

Thank you so much for confirming that information.