K1/K2. Lost & confused. Seeking help/clarification/guidance

[BrianEva24 0]

Hi all. I'm new here & decided to create an account to seek help/guidance.

I've Googled a few things before that I was trying to research. A few times, I've come across this website, & have read topics/responses. Honestly, I've seen conflicting responses, of which confused me on what I need to do that I am trying to figure out for my case in general.

 

I filed my fiance's I-129F in Oct 2022. They received it on 11 Oct, & texted me on 14 Oct, stating it was received & the official I-797C would arrive by mail. I did receive a I-797, but no letter corresponded after 797 (no C). Idk if that even matters or not, cus I've seen things about an (A) & (C)....

Anyway, they had requested additional information later on, which prolonged the process. The I-129F was approved 3 Jan 2024. Her interview was scheduled for 19 Mar, & she scheduled her medical exam first week of March. During the medical, they required a sputum test, which we were not aware of, nor knew what that even was or entailed. 3 day process. We also didn't know that it would be an 8 week waiting period thereafter for results. we weren't happy about this either. When she was cleared finally, & rescheduled her medical to finish receiving her vaccines, & rescheduled her interview. Yay!

 

Now, my fiance' has 3 sons....26, 20, 18. We thought, in all of the research we had done, that any child over 18 was not eligible for us to file for them as well. It was during her interview, that she was made aware by the interview officer, that the 20 & 18 year old were eligible, because the age limitation was 21. Had we known, I would've filed for both, or whoever wanted to come as well. So, there's a mistake.

 

In some of my research on what are the next steps after marriage, & reading topics/responses, did I learn about filing for her SSN. Some responses were conflicting. Some said you should've filed before you married, while others stated to file using her current last name of which matched all of the immigration paperwork. We made an appt. at SSA & filed for her SSN. The guy there stated it's easier to file under the name which she had, that is on all of the immigration paperwork, because it's easier to change her SS card later after receiving her Green Card with her new married name, than it is to change all of the immigration paperwork to her new married name. The SSC came in the mail, but is printed above her SSN, VALID FOR WORK ONLY WITH DHS AUTHORIZATION. Am I still able to claim her on my taxes with this SSN when I file next year?? Will this SSN become a permanent number for her eventually?

 

My fiance' arrived here in the U.S. 25 Jun 2024, & we married on 7 Jul 2024.

 

Since my fiance'/wife is here now, we need to file the I-485. This form I found out cannot be filed online. Paper only. We also printed out the I-765. I see that if you file it separately, the I-765 is $520, but if you file it with the I-485, it's only $260. So, when I file these together in the same packet, do I write one check for the total amount? Or should I write 2 separate checks & note for each form?

 

When I file this I-485, do I need to send an I-130 or an I-131 with it?? I'm confused on this as well.

 

In the I-765 form, question 27...Eligibility Category. I need help. When I looked up Who May File Form I-765, I saw no category for a K1 visa. Therefore, I don't know what to write in the 3 square blocks provided.

UPDATE: When I researched supporting documents to send with the I-765 on USCIS website, & scrolled way down, I saw K-1 Nonimmigrant Fiance' of a U.S. Citizen (a)(6). I'm guessing that's what I need to write in the 2 blocks??

 

And finally, down to the K2. Her youngest will come, but not the middle. In my research, this topic is also VERY confusing. And with my understanding, since my fiance's/wife's petition was approved 3 Jan 24, we have until Jan 2025 to file for her son under the 1 year rule?? So I am scrambling to make sense of these things & what I need to do, quickly. In my reading in topics/responses, again, I'm seeing conflicting information. With 5.5 months left on the deadline to file, I can't afford or risk a screw up cus I did something wrong. So can I get some help & guidance, please? I've read about needing to file a DS-160 for him. Then I'm reading no, file a I-130 & I-131, & later on I would need to file a DS-260?? I'm soooo confused. Please help me. Thank you.

 

And with the required documents for both the I-485 & I-765, do I send 1 copy for both together, or a copy for each form packet?

 

If anyone here lives in Pasco, Hernando, Pinellas, Citrus, northern Hillsborough Counties, I'd be open to meeting up for hands on assistance in making sure all my T's are crossed & I's dotted. Thank you in advance to everyone.

[Crazy Cat 41,983]

1 hour ago, BrianEva24 said:

Hi all. I'm new here & decided to create an account to seek help/guidance.

I've Googled a few things before that I was trying to research. A few times, I've come across this website, & have read topics/responses. Honestly, I've seen conflicting responses, of which confused me on what I need to do that I am trying to figure out for my case in general.

 

I filed my fiance's I-129F in Oct 2022. They received it on 11 Oct, & texted me on 14 Oct, stating it was received & the official I-797C would arrive by mail. I did receive a I-797, but no letter corresponded after 797 (no C). Idk if that even matters or not, cus I've seen things about an (A) & (C)....

Anyway, they had requested additional information later on, which prolonged the process. The I-129F was approved 3 Jan 2024. Her interview was scheduled for 19 Mar, & she scheduled her medical exam first week of March. During the medical, they required a sputum test, which we were not aware of, nor knew what that even was or entailed. 3 day process. We also didn't know that it would be an 8 week waiting period thereafter for results. we weren't happy about this either. When she was cleared finally, & rescheduled her medical to finish receiving her vaccines, & rescheduled her interview. Yay!

 

Now, my fiance' has 3 sons....26, 20, 18. We thought, in all of the research we had done, that any child over 18 was not eligible for us to file for them as well. It was during her interview, that she was made aware by the interview officer, that the 20 & 18 year old were eligible, because the age limitation was 21. Had we known, I would've filed for both, or whoever wanted to come as well. So, there's a mistake.

 

In some of my research on what are the next steps after marriage, & reading topics/responses, did I learn about filing for her SSN. Some responses were conflicting. Some said you should've filed before you married, while others stated to file using her current last name of which matched all of the immigration paperwork. We made an appt. at SSA & filed for her SSN. The guy there stated it's easier to file under the name which she had, that is on all of the immigration paperwork, because it's easier to change her SS card later after receiving her Green Card with her new married name, than it is to change all of the immigration paperwork to her new married name. The SSC came in the mail, but is printed above her SSN, VALID FOR WORK ONLY WITH DHS AUTHORIZATION. Am I still able to claim her on my taxes with this SSN when I file next year?? Will this SSN become a permanent number for her eventually?

 

My fiance' arrived here in the U.S. 25 Jun 2024, & we married on 7 Jul 2024.

 

Since my fiance'/wife is here now, we need to file the I-485. This form I found out cannot be filed online. Paper only. We also printed out the I-765. I see that if you file it separately, the I-765 is $520, but if you file it with the I-485, it's only $260. So, when I file these together in the same packet, do I write one check for the total amount? Or should I write 2 separate checks & note for each form? I would write a check for each one separately as they are separate entities. 

 

When I file this I-485, do I need to send an I-130 or an I-131 with it?? I'm confused on this as well.  No.  You married within 90 days, so no I-130 is needed.

 

In the I-765 form, question 27...Eligibility Category. I need help. When I looked up Who May File Form I-765, I saw no category for a K1 visa. Therefore, I don't know what to write in the 3 square blocks provided. 

UPDATE: When I researched supporting documents to send with the I-765 on USCIS website, & scrolled way down, I saw K-1 Nonimmigrant Fiance' of a U.S. Citizen (a)(6). I'm guessing that's what I need to write in the 2 blocks??

 

And finally, down to the K2. Her youngest will come, but not the middle. In my research, this topic is also VERY confusing. And with my understanding, since my fiance's/wife's petition was approved 3 Jan 24, we have until Jan 2025 to file for her son under the 1 year rule?? So I am scrambling to make sense of these things & what I need to do, quickly. In my reading in topics/responses, again, I'm seeing conflicting information. With 5.5 months left on the deadline to file, I can't afford or risk a screw up cus I did something wrong. So can I get some help & guidance, please? I've read about needing to file a DS-160 for him. Then I'm reading no, file a I-130 & I-131, & later on I would need to file a DS-260?? I'm soooo confused. Please help me. Thank you.

 

And with the required documents for both the I-485 & I-765, do I send 1 copy for both together, or a copy for each form packet?  Treat each form as a separate entity

 

If anyone here lives in Pasco, Hernando, Pinellas, Citrus, northern Hillsborough Counties, I'd be open to meeting up for hands on assistance in making sure all my T's are crossed & I's dotted. Thank you in advance to everyone.

See above for some of info you want.  I'm not an expert in K2 visas.

[EatBulaga 316]

1 hour ago, BrianEva24 said:

 

In some of my research on what are the next steps after marriage, & reading topics/responses, did I learn about filing for her SSN. Some responses were conflicting. Some said you should've filed before you married, while others stated to file using her current last name of which matched all of the immigration paperwork. We made an appt. at SSA & filed for her SSN. The guy there stated it's easier to file under the name which she had, that is on all of the immigration paperwork, because it's easier to change her SS card later after receiving her Green Card with her new married name, than it is to change all of the immigration paperwork to her new married name. The SSC came in the mail, but is printed above her SSN, VALID FOR WORK ONLY WITH DHS AUTHORIZATION. Am I still able to claim her on my taxes with this SSN when I file next year?? Will this SSN become a permanent number for her eventually?

 

My fiance' arrived here in the U.S. 25 Jun 2024, & we married on 7 Jul 2024.

 

Yes, you can claim her on your taxes with SSN when you file next year, or Married Filing Jointed.

Yes, the SSN is permanent for her.

 

Did your spouse do a name change on the marriage certificate?

If yes, then she can go back to the SSC now before the I-94 "Admit Until Date" to update the name change.

 

The "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" can be removed after the I-485 approval by going back to the SSC to update with the green card.

Edited July 20 by EatBulaga

[EatBulaga 316]

1 hour ago, BrianEva24 said:

 

In the I-765 form, question 27...Eligibility Category. I need help. When I looked up Who May File Form I-765, I saw no category for a K1 visa. Therefore, I don't know what to write in the 3 square blocks provided.

UPDATE: When I researched supporting documents to send with the I-765 on USCIS website, & scrolled way down, I saw K-1 Nonimmigrant Fiance' of a U.S. Citizen (a)(6). I'm guessing that's what I need to write in the 2 blocks??

 

Eligibility Category for Part 2, Item 27 is 

 

( ) (c) (9)

 

Pending Adjustment of Status under Section 245 of the Act

https://www.uscis.gov/eadautoextend

https://www.uscis.gov/forms/all-forms/optional-checklist-for-form-i-765-c9-filings

Edited July 20 by EatBulaga

[Ontarkie 14,304]

~~Thread moved to Adjustment of Status K1/K3 P&P, from K1 Progress Reports- As the OP is asking multiple questions but most are for the AOS process.~~

[1journey 8]

On 7/20/2024 at 1:16 PM, BrianEva24 said:

 

In the I-765 form, question 27...Eligibility Category. I need help. When I looked up Who May File Form I-765, I saw no category for a K1 visa. Therefore, I don't know what to write in the 3 square blocks provided.

UPDATE: When I researched supporting documents to send with the I-765 on USCIS website, & scrolled way down, I saw K-1 Nonimmigrant Fiance' of a U.S. Citizen (a)(6). I'm guessing that's what I need to write in the 2 blocks??

 

 

Yes, it should be  (a)(6) 

 

 

[Edward and Jaycel 283]

If you are filing the I-765 concurrently with the I-485 your category would be (c)(9)( ). See page 10 of the I-765 instruction PDF from USCIS.gov. I also watched a video on YouTube posted by USCIS that showed that if your category classification is only 2 characters, you put them in the first two parentheses as shown below

 

 

Edited October 2 by Edward and Jaycel