A few questions about AOS on a K1 visa

[Martin + Amie 0]

Good afternoon folks,

I came to the US on the 1st of January 2007 on a successful K1 Visa. I married within 90 days.

These are the questions I have :

1. Is there a time limit between when i get married to when i file for AOS?

2. Can I submit the documents I need in any order? For example, can I apply for Advanced Parole before i send any other document off?

3. I havent tallied up the fees for each piece of paperwork yet, can someone who came into the US on a K1 and has applied for AOS and advanced parole tell me what the total amount spent on application fees was?

Any help would be greatly appreciated.

Many thanks

Martin Tuncaydin

martin@agentfactor.com

[payxibka 10,047]

Good afternoon folks,

I came to the US on the 1st of January 2007 on a successful K1 Visa. I married within 90 days.

These are the questions I have :

1. Is there a time limit between when i get married to when i file for AOS?

2. Can I submit the documents I need in any order? For example, can I apply for Advanced Parole before i send any other document off?

3. I havent tallied up the fees for each piece of paperwork yet, can someone who came into the US on a K1 and has applied for AOS and advanced parole tell me what the total amount spent on application fees was?

Any help would be greatly appreciated.

Many thanks

Martin Tuncaydin

martin@agentfactor.com

1) No established time limit but accruing "out of status" time is never a good thing even if it will be forgiven/ignored.

2) & 3) Since July 30 the fees for AOS (which includes interim benefits of AP & EAD) is $1,010. You can file the I-485, I-765 and I-131 concurrently or you can file the I-485 first and then file the others at a later date.

[no name 1]

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

http://www.visajourney.com/faq/k1k2visa-aos.html

[YuAndDan 153]

1, No time limit, but be aware you are out of status once the I-94 expires, you have no legal presence and cannot get EAD unless you file for AOS. Many file AOS months to a year or more after I-94 expires and have not had problems.

2, NO, AP, and EAD are benifits for people waiting for AOS.

3, Since July the fee for AOS includes cost for EAD and AP, ($1010) pays for AOS, and Biometrics and also covers EAD, and AP.

I-495 directions page 7:

NOTE: Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You should have filed for AOS soon after marriage, We did and only paid $395 for the green card, avoiding the nasty $1010 fee.

[Martin + Amie 0]

1, No time limit, but be aware you are out of status once the I-94 expires, you have no legal presence and cannot get EAD unless you file for AOS. Many file AOS months to a year or more after I-94 expires and have not had problems.

2, NO, AP, and EAD are benifits for people waiting for AOS.

3, Since July the fee for AOS includes cost for EAD and AP, ($1010) pays for AOS, and Biometrics and also covers EAD, and AP.

I-495 directions page 7:

NOTE: Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You should have filed for AOS soon after marriage, We did and only paid $395 for the green card, avoiding the nasty $1010 fee.

Ok so let me understand fully. $1010.00 will pay for the following forms :

G-325a

2. I-864

3. I-485

4. I-765

5. I-131

if all filed at the same time? Correct?

[payxibka 10,047]

1, No time limit, but be aware you are out of status once the I-94 expires, you have no legal presence and cannot get EAD unless you file for AOS. Many file AOS months to a year or more after I-94 expires and have not had problems.

2, NO, AP, and EAD are benifits for people waiting for AOS.

3, Since July the fee for AOS includes cost for EAD and AP, ($1010) pays for AOS, and Biometrics and also covers EAD, and AP.

I-495 directions page 7:

NOTE: Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You should have filed for AOS soon after marriage, We did and only paid $395 for the green card, avoiding the nasty $1010 fee.

Ok so let me understand fully. $1010.00 will pay for the following forms :

G-325a

2. I-864

For AOS, the above forms are evidence supplied with or as a part of the I-485 so no fee payment attaches

3. I-485

4. I-765

5. I-131

if all filed at the same time? or if you file the I-765 and the I-131 at a later date still the same price....Correct?

[Martin + Amie 0]

1, No time limit, but be aware you are out of status once the I-94 expires, you have no legal presence and cannot get EAD unless you file for AOS. Many file AOS months to a year or more after I-94 expires and have not had problems.

2, NO, AP, and EAD are benifits for people waiting for AOS.

3, Since July the fee for AOS includes cost for EAD and AP, ($1010) pays for AOS, and Biometrics and also covers EAD, and AP.

I-495 directions page 7:

NOTE: Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You should have filed for AOS soon after marriage, We did and only paid $395 for the green card, avoiding the nasty $1010 fee.

Ok so let me understand fully. $1010.00 will pay for the following forms :

G-325a

2. I-864

For AOS, the above forms are evidence supplied with or as a part of the I-485 so no fee payment attaches

3. I-485

4. I-765

5. I-131

if all filed at the same time? or if you file the I-765 and the I-131 at a later date still the same price....Correct?

Thanks for the clarification:-) Its much appreciated.

[YuAndDan 153]

Ok so let me understand fully. $1010.00 will pay for the following forms :

G-325a

2. I-864

3. I-485

4. I-765

5. I-131

if all filed at the same time? Correct?

Correct.

Note treat I-485, I-131, and I-765 like separate petitions they don't share things like passport photos, and copies of various evidence like visa, and i-94 card. You just send everything in the same envelope to the Chicago address noted in the I-485 directions.

[Brooklyn23 0]

Ok so let me understand fully. $1010.00 will pay for the following forms :

G-325a

2. I-864

3. I-485

4. I-765

5. I-131

if all filed at the same time? Correct?

Correct.

Note treat I-485, I-131, and I-765 like separate petitions they don't share things like passport photos, and copies of various evidence like visa, and i-94 card. You just send everything in the same envelope to the Chicago address noted in the I-485 directions.

Sorry but your last response confused me, are you saying you should send in seperate photos and copies of your I-94 with each of the 1-485, I-131 and I-765 forms even if they do not request them? I was just going to attch these with the 1-484 form when I send it all in together to Chicago.

Thanks!

[pj1959us 0]

Sorry but your last response confused me, are you saying you should send in seperate photos and copies of your I-94 with each of the 1-485, I-131 and I-765 forms even if they do not request them? I was just going to attch these with the 1-484 form when I send it all in together to Chicago.

Thanks!

Even though you may be sending them together, each need the evidence/documents required with each. If each calls for a copy of the I-94, you need to make a copy to go with each one. Photos, same. They are separated when received and not processed together. You may be making more than one copy of the same document.

Just read through each (I-485, I-131, and I-765) and ensure that each has the necessary evidence/documents/photos as requested.

[payxibka 10,047]

Each petition or application needs to be complete in and of itself and be able to stand alone.... They will not share evidence between the applications. Your I-485 application may be sent to a California and your others applications may stay... difficult to adjudicate when a required piece of evidence is in another location in another state....

[Ivelina_Andrew 0]

Wow so does it mean that a person would actually get a RFE if they do not send everything sufficient for I 686 adn I 131 a[art from what they send for AOS?

Cause this is exactly what I did....

[payxibka 10,047]

Wow so does it mean that a person would actually get a RFE if they do not send everything sufficient for I 686 adn I 131 a[art from what they send for AOS?

Cause this is exactly what I did....

If you do not send everyting sufficient to adjudicate an application then they certainly would send and RE. They have been known to send RFE's for much less ....

[rebeccajo 14]

The current IT infrastructure of USCIS can only locate individual petitions.

If they input the name "John Jacob Jingleheimer Smith" into their systems, every case for Mr. Smith does not appear.