Jump to content

26 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Mexico
Timeline
Posted

Hey! I’m in my final days of preparing my AOS package. As you all know fees go up April 1st, so i’m working to get everything done before then. And correctly so I don’t get my package sent back and end up paying double fees.

 

I’ve browsed this site, USCIS website, and many other facebook groups looking for lists of all nessesary documents. If you have already submitted your package or if you have good knowledge could you please take the time to look over my lists and let me know if you think I may be missing anything?

 

My Fiancée and her 2 daughters (age 9 and 11) arrived in The USA mid January, we were married in early February and I have been working on AOS since then. So   I am submitting I-485, I-765, I-131 individually for each of them, and filling out one I-864 for my wife, and attaching copy’s of that to each of the kids packages.

 

Below I will copy and paste my cover letter so you can easily see each document I’ve added. (Some documents are different for children so I will add both)

 

I-864

 

1.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

2.) PassPort Photos (1 Page)

3.) form I-864(10 pages)

4.) Supporting Evidence:

 

-US Citizen passport (1 page)

-US Citizen Birth certificate and relating document (2 pages)

-US Citizen Social Security Card (1 page)

-Tax transcripts for 2021, 2022, 2023 (15 pages)

-2023 W2 (1 page)

-Pay stubs (11 pages)

 

I-485 (K1)

 

 

1.) G-1450 Authorization for Credit Card Transactions (1 page)

2.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

3.) PassPort Photos (1 Page)

4.) form I-485(20 pages)

5.) Supporting Evidence:

 

-Birth certificate and Translation (3 pages)

-Passport (1page)

-Social Security Card (1page)

-K1 Visa (1 page)

-I-94 stamp (1 page)

-I-94 (1 page)

-USA Flight (1 page)

-I-797 (1 page)

-DS-3025 (2 pages)

-Marriage certificate + ceremony documents (3 pages)

-photos (2 pages)

-Health Insurance (1 page)

-Apartment lease (1 page)

-Renter’s Insurance (1 page)

 

I-485 (k2)

 

 

1.) G-1450 Authorization for Credit Card Transactions (1 page)

2.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

3.) PassPort Photos (1 Page)

4.) form I-485(20 pages)

5.) Supporting Evidence:

 

-Birth certificate and Translation (3 pages)

-Passport (1page)

-K2 Visa (1 page)

-I-94 stamp

-I-94

-USA Flight

-I-797

-DS-3025

-Marriage certificate + ceremony documents (3 pages)

-photos (2 pages)

-Health Insurance

-School Enrollment Document

-Apartment Lease (Primary Immigrant’s/Mother’s)

-Renter’s Insurance (Primary Immigrant’s/Mother’s)

 

I-765

 

 

1.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

2.) PassPort Photos (1 Page)

3.) form I-765(7 pages)

4.) Supporting Evidence:

 

-Passport (1page)

-K1 Visa (1 page)

-I-94 stamp (1 page)

-I-94 (1 page)

-Social Security Card (1page)

-I-797 (1 page)

-Marriage certificate (1 page)

 

I-131

 

 

1.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

2.) PassPort Photos (1 Page)

3.) form I-131(5 pages)

4.) Supporting Evidence:

 

-Birth certificate and Translation (3 pages)

-Passport (1page)

-K1 Visa (1 page)

-I-94 stamp (1 page)

-I-94 (1 page)

-I-797 (1page)

-Marriage certificate(1 page)

 

I realize this is a ton of information! So thank you for anyone who has taken the time to read through the it and double check things for me. I am also posting this in hopes i have managed to collect all the proper documents and others can use it as a guide to make the process easier! Please give me any pointer or suggestions you may have! 

 

 

 

 

 

Posted (edited)
1 hour ago, TUC said:

filling out one I-864 for my wife, and attaching copy’s of that to each of the kids packages.

I864 needs to be filed out for each immigrant. They are not exact copies so you cannot attach a copy of your K1s I864 to each K2s I485. Each K2 needs their own I864 with THEIR info as the primary immigrant. 

1 hour ago, TUC said:

 

I-864

 

X One for each Immigrant not one for each form. 1.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

X 2.) PassPort Photos (1 Page)

3.) form I-864(10 pages)

4.) Supporting Evidence:

 

X-US Citizen passport (1 page)

UP (OR not both) DOWN

X-US Citizen Birth certificate and relating document (2 pages)

 

X-US Citizen Social Security Card (1 page)

-Tax transcripts for 2021, 2022, 2023 (15 pages)

X W2s are supplementary to tax RETURNS not tax TRANSCRIPTS-2023 W2 (1 page)

X paystubs are nothing without an employment verification letter. If submitting you need a current EVL and six months worth- paystubs (11 pages)

 

I-485 (K1)

 

 

1.) G-1450 Authorization for Credit Card Transactions (1 page)

2.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

3.) PassPort Photos (1 Page)

4.) form I-485(20 pages)

5.) Supporting Evidence:

 

X-Birth certificate and Translation (3 pages)

UP (OR not both) DOWN

X-Passport (1page)

X why?-Social Security Card (1page)

-K1 Visa (1 page)

X do you mean K1 entry stamp?-I-94 stamp (1 page)

-I-94 (1 page)

X-USA Flight (1 page)

 do you mean I129F Noa2?-I-797 (1 page)

Only photocopy-DS-3025 (2 pages)

Only photocopy-Marriage certificate + X ceremony documents (3 pages)

Nothing below is required, only optional (should NOT be used as a "guide" for others.)

-photos (2 pages)

-Health Insurance (1 page)

-Apartment lease (1 page)

-Renter’s Insurance (1 page)

 

I-485 (k2)

 

 

1.) G-1450 Authorization for Credit Card Transactions (1 page)

2.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

3.) PassPort Photos (1 Page)

4.) form I-485(20 pages)

5.) Supporting Evidence:

SAME errors as above. 

-Birth certificate and Translation (3 pages)

-Passport (1page)

-K2 Visa (1 page)

-I-94 stamp

-I-94

-USA Flight

-I-797

-DS-3025

-Marriage certificate + ceremony documents (3 pages)

-photos (2 pages)

-Health Insurance

-School Enrollment Document

-Apartment Lease (Primary Immigrant’s/Mother’s)

-Renter’s Insurance (Primary Immigrant’s/Mother’s)

 

I-765

 

 

X 1.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

2.) PassPort Photos (1 Page)

3.) form I-765(7 pages)

4.) Supporting Evidence:

Same errors as above. 

-Passport (1page)

-K1 Visa (1 page)

-I-94 stamp (1 page)

-I-94 (1 page)

X-Social Security Card (1page)

-I-797 (1 page)

Only photocopy-Marriage certificate (1 page)

Missing Birth certificate 

 

I-131

 

Everything you need for I765, you need to photocopy again for I131.

X 1.) G-1145 E-Notification of Application/Petition Acceptance (1 page)

2.) PassPort Photos (1 Page)

3.) form I-131(5 pages)

4.) Supporting Evidence:

 

-Birth certificate and Translation (3 pages)

-Passport (1page)

-K1 Visa (1 page)

-I-94 stamp (1 page)

-I-94 (1 page)

-I-797 (1page)

-Marriage certificate(1 page)

 

 

If you actually join the VJ K1 AOS filing month for the month you will be filing and the month prior, you can get easy answers to all of these and you can look at many many many many coverletters.

You can also look at the VJ guides. 

 

Anything with an X is not needed and should NOT be sent unless marked with a question asking what you meant. I'm sure you can figure that part out as it's likely just a missnaming of a document. 

 

Ensure you have read the instructions for every form. By what you've compiled, you've likely misunderstood the instructions for, especially the I864. How one fills it out is statistically one of the biggest errors in this process. How you fill it out AND what documents you send is based on your personal financial situation. Exact documents to support your exact amounts in the form. Nothing MORE and nothing LESS. Useless docs get you RFE.

 

Lots of posts on the I864 and especially the generic RFEs one receives. Those will be good reads for you. 

Edited by K1visaHopeful
Filed: K-1 Visa Country: Mexico
Timeline
Posted
28 minutes ago, K1visaHopeful said:

I864 needs to be filed out for each immigrant. They are not exact copies so you cannot attach a copy of your K1s I864 to each K2s I485. Each K2 needs their own I864 with THEIR info as the primary immigrant. 

If you actually join the VJ K1 AOS filing month for the month you will be filing and the month prior, you can get easy answers to all of these and you can look at many many many many coverletters.

You can also look at the VJ guides. 

 

Anything with an X is not needed and should NOT be sent unless marked with a question asking what you meant. I'm sure you can figure that part out as it's likely just a missnaming of a document. 

 

Ensure you have read the instructions for every form. By what you've compiled, you've likely misunderstood the instructions for, especially the I864. How one fills it out is statistically one of the biggest errors in this process. How you fill it out AND what documents you send is based on your personal financial situation. Exact documents to support your exact amounts in the form. Nothing MORE and nothing LESS. Useless docs get you RFE.

 

Lots of posts on the I864 and especially the generic RFEs one receives. Those will be good reads for you. 

Awesome thank you!!

Filed: K-1 Visa Country: Mexico
Timeline
Posted
On 3/26/2024 at 1:23 AM, K1visaHopeful said:

I864 needs to be filed out for each immigrant. They are not exact copies so you cannot attach a copy of your K1s I864 to each K2s I485. Each K2 needs their own I864 with THEIR info as the primary immigrant. 

If you actually join the VJ K1 AOS filing month for the month you will be filing and the month prior, you can get easy answers to all of these and you can look at many many many many coverletters.

You can also look at the VJ guides. 

 

Anything with an X is not needed and should NOT be sent unless marked with a question asking what you meant. I'm sure you can figure that part out as it's likely just a missnaming of a document. 

 

Ensure you have read the instructions for every form. By what you've compiled, you've likely misunderstood the instructions for, especially the I864. How one fills it out is statistically one of the biggest errors in this process. How you fill it out AND what documents you send is based on your personal financial situation. Exact documents to support your exact amounts in the form. Nothing MORE and nothing LESS. Useless docs get you RFE.

 

Lots of posts on the I864 and especially the generic RFEs one receives. Those will be good reads for you. 

After further research and browsing the topics you directed me to and also the guides on the website they all say that a copy of the I-864 is just fine for the k2 derivatives, and that it is not necessary to fill out an additional I-864 for each of them. 

Posted

Not sure where you have read that but you have misunderstood what the term "principal immigrant" means. Each person is the principal immigrant on their own I864 so the answers for each will vary on their own form. Ie. In layman's terms, you would not list your K1 as the name of the K2 because the K2 has their own name. 

Please read through the form and it's instructions carefully.

K2s are not derivatives for the K visa adjustment process. Derivatives only come into play on the I130 form and the I751 form in some circumstances. 

Posted
1 hour ago, TUC said:

After further research and browsing the topics you directed me to and also the guides on the website they all say that a copy of the I-864 is just fine for the k2 derivatives, and that it is not necessary to fill out an additional I-864 for each of them. 

You are right. One I-864 for wife /principal that lists the children and copies for each child’s case. 
 

Try re formatting your cover letter and package only one set of supporting docs for each case. 
Ex

 

Mrs. My Love : K-1 Adj of Status as Spouse of USC 

( Top of packet should have all forms only as follows)

1-129 F Approval Notice

I-485 and $$filing fee 

I-765

I-131

I-864 

 

Supporting Documentation 

A. Civil 

‘Visa /passport/I-94 /entry 

Overseas  medical copy

Birth/marriage/divorces

Joint life photos/misc

 

B. Financial 

Taxes/W-2 paystub 
 

 

Posted
1 hour ago, K1visaHopeful said:

Not sure where you have read that but you have misunderstood what the term "principal immigrant" means. Each person is the principal immigrant on their own I864 so the answers for each will vary on their own form. Ie. In layman's terms, you would not list your K1 as the name of the K2 because the K2 has their own name. 

Please read through the form and it's instructions carefully.

K2s are not derivatives for the K visa adjustment process. Derivatives only come into play on the I130 form and the I751 form in some circumstances. 

The I-129 F/K-1 does allow for beneficiary children …and since the principal and beneficiary came under one visa umbrella . it affects how I-864 is prepared.

 


https://www.ustraveldocs.com/th/th-iv-kvisa.asp

The fiancé(e) derivative K2: 

If a child of the fiancé(e) wishes to accompany the fiancé(e) to the United States, he/she needs to attend the same visa interview as the fiancé(e) and apply for a K-2 visa. He/she must follow all the same procedures as the application for a K-1 visa, including paying a visa application processing fee, preparing for all required documents, and attending a visa interview. Please note that the derivative child may be issued a K-2 visa within one year from the date of issuance of the K-1 visa to the parent. The derivative child of the fiancé(e) is not covered under the Child Status Protection Act (CSPA). Therefore, if he/she turns 21, he/she is not eligible to immigrate to the United States and should not schedule an interview appointment.

Posted
43 minutes ago, Family said:

The I-129 F/K-1 does allow for beneficiary children …and since the principal and beneficiary came under one visa umbrella . it affects how I-864 is prepared.

 


https://www.ustraveldocs.com/th/th-iv-kvisa.asp

The fiancé(e) derivative K2: 

If a child of the fiancé(e) wishes to accompany the fiancé(e) to the United States, he/she needs to attend the same visa interview as the fiancé(e) and apply for a K-2 visa. He/she must follow all the same procedures as the application for a K-1 visa, including paying a visa application processing fee, preparing for all required documents, and attending a visa interview. Please note that the derivative child may be issued a K-2 visa within one year from the date of issuance of the K-1 visa to the parent. The derivative child of the fiancé(e) is not covered under the Child Status Protection Act (CSPA). Therefore, if he/she turns 21, he/she is not eligible to immigrate to the United States and should not schedule an interview appointment.

While the K1 allows K2 derivatives meaning that K2s are included under their K1s VISA and do not have to apply for there own visa that is not true for K1 and K2 AOS.

Each must apply for their own I485.

 

OP, look carefully at how you will answer Part 3 of the form. 

That's the part I think you are misunderstanding.

That's all I've got fer ya!

Posted
16 minutes ago, K1visaHopeful said:

While the K1 allows K2 derivatives meaning that K2s are included under their K1s VISA and do not have to apply for there own visa that is not true for K1 and K2 AOS.

Each must apply for their own I485.

 

OP, look carefully at how you will answer Part 3 of the form. 

That's the part I think you are misunderstanding.

That's all I've got fer ya!

All derivatives of any petition, be it I-130 or as in this case I-129 F must file their own I-485 . …exactly as OP is doing . 
 

Posted
11 minutes ago, Family said:

All derivatives of any petition, be it I-130 or as in this case I-129 F must file their own I-485 . …exactly as OP is doing . 
 

My error above was stating they do allow derivatives with I130. There are no derivatives with I130. 

I dont know where that came from but not my brain. Every family member must file their own I130 (and I485 of course).

The OP is speaking of the term derivative as if it continues on to I485 just because they came in on a K visa as a derivative. My explanation for the misuse of "derivative" as they are no longer a derivative. 

 

I'll leave a bigger space here to indicate a change of topic. 

 

He'll have to read through Part 3 of the form. 

It is my understanding you CANNOT check more than one box noting there are no semicolons separating each question to indicate you can choose more than one answer. 

Q#1 is for the K1s I864.

Q#2 is for the K2s I864.

I have never seen it done any other way. 

 

 

Posted (edited)

 

40 minutes ago, K1visaHopeful said:

He'll have to read through Part 3 of the form. 

It is my understanding you CANNOT check more than one box noting there are no semicolons separating each question to indicate you can choose more than one answer. 

Q#1 is for the K1s I864.

Q#2 is for the K2s I864.

I have never seen it done any other way

No worries, you are a fabulous VJ fellow and I believe all engagement in a post is valuable to OP…

 

As for the I-485 , the K-1 is the principal on her form while children are derivatives on theirs.
‘Thus on the I-864 , part 3, Q1 is the K-1 and Q2 are the derivative children listed as Fam members …however many. The original I-864 form is included in K-1 submission and copies for rest. 

Edited by Family
Posted
16 minutes ago, Family said:

 

No worries, you are a fabulous VJ fellow and I believe all engagement in a post is valuable to OP…

 

As for the I-485 , the K-1 is the principal on her form while children are derivatives on theirs.
‘Thus on the I-864 , part 3, Q1 is the K-1 and Q2 are the derivative children listed as Fam members …however many. The original I-864 form is included in K-1 submission and copies for rest. 

So to be clear so can explain this correctly, Part3 is a multiple choice question with more than one answer allowable?

You can check BOTH Q1 and Q2 on the same I864 form even though the lack of punctuation doesn't indicate that? That's where I'm confused as all I've seen is answering ONLY #1 or #2 or #3. Never "and".

Does that make sense what I'm saying?

 

Posted
28 minutes ago, K1visaHopeful said:

So to be clear so can explain this correctly, Part3 is a multiple choice question with more than one answer allowable?

You can check BOTH Q1 and Q2 on the same I864 form even though the lack of punctuation doesn't indicate that? That's where I'm confused as all I've seen is answering ONLY #1 or #2 or #3. Never "and".

Does that make sense what I'm saying?

 

Yes , multiple choices allowed. Remember the form is used by Sponsor / Petitioner who MUST check  yes for the principal K-1 AND Q 2 for K-2 family members. Those may accompany OR follow to join …

Additionally Joint Sponsors use the same form and they may only be needed for SOME of the immigrants. …example Petitioner/ Sponsor can cover K-1 and one child , a Joint Sponsor would only come in for Fam Member 2.

Filed: K-1 Visa Country: Mexico
Timeline
Posted
8 hours ago, Family said:

Yes , multiple choices allowed. Remember the form is used by Sponsor / Petitioner who MUST check  yes for the principal K-1 AND Q 2 for K-2 family members. Those may accompany OR follow to join …

Additionally Joint Sponsors use the same form and they may only be needed for SOME of the immigrants. …example Petitioner/ Sponsor can cover K-1 and one child , a Joint Sponsor would only come in for Fam Member 2.

Ok I think this answers my question. Since I’m the original I-864 I checked both boxes and put my wife as principal immigrant and k2 children and additional people immigrating. 
 

so then a photocopy should be sufficient. 
 

although maybe there a multiple correct answers. Im sure if I chose to check only box one on my wife’s I-864. Then only box 2 on the I-864 for each K2, then it may work too. Idk

 

i think I’m just going to stick with checking both boxes and submitting photocopy method. 

Posted
8 hours ago, Family said:

Yes , multiple choices allowed. Remember the form is used by Sponsor / Petitioner who MUST check  yes for the principal K-1 AND Q 2 for K-2 family members. Those may accompany OR follow to join …

Additionally Joint Sponsors use the same form and they may only be needed for SOME of the immigrants. …example Petitioner/ Sponsor can cover K-1 and one child , a Joint Sponsor would only come in for Fam Member 2.

Yes that's the part where I'm confused because no where in the instructions does it say you can check more than one box UNLESS you choose "NO" and I never have because my understanding was that you couldn't. They definitely need to include punctuation after each question to claim "and".

10 minutes ago, TUC said:

Ok I think this answers my question. Since I’m the original I-864 I checked both boxes and put my wife as principal immigrant and k2 children and additional people immigrating. 
 

so then a photocopy should be sufficient. 
 

although maybe there a multiple correct answers. Im sure if I chose to check only box one on my wife’s I-864. Then only box 2 on the I-864 for each K2, then it may work too. Idk

That was always my understanding so that's why I have explained it as I have. Sorry to confuse if I haven't been clear but I think you understand what I meant. 

10 minutes ago, TUC said:

i think I’m just going to stick with checking both boxes and submitting photocopy method. 

Your call entirely. I've never had an issue either.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...