AOS supplementary documentation

[flooper 0]

Hi - I'm in the US on a K-1, and my wife and I are now married! So we're filing the AOS/EAD/AP forms.

I just wanted to clarify from others who have been through this... My original K-1 application included an affidavit of support and documents relating to an old (minor) arrest (no conviction, and I submitted a lawyer's testimony that no police records were available along with supporting statements from witnesses). The Embassy had no problem issuing the K-1 based on these documents.

Now the AOS process requests exactly the same documents again, though I assume they were in the packet I handed over at the PoE?!? It seems crazy to submit them all again (not, from my experience thus far, that this means anything!) but it seems this is what I have to do. A call to the USCIS helpline suggested that I don't have to submit them with my AOS/EAD/AP forms, but I'm confused because the forms suggest I should.

One further question... If I screw up something like this / get an RFE in the AOS application, does this also delay the EAD? I have no plans to leave the US now that I'm married, so my most immediate concern is to be granted an EAD!

Thank you.

[TracyTN 237]

It is not the same documents all over again - particularly the form that you're using is different (I 864 as opposed to the I 134) which require very different things from the person supporting the alien; plus, they must make sure that your circumstances have not changed and if they have, whether or not you are still able to support your wife.

If you don't include the financial information, expect an RFE and some lost time.

Edited October 9, 2007 by TracyTN

[flooper 0]

It is not the same documents all over again - particularly the form that you're using is different (I 864 as opposed to the I 134) which require very different things from the person supporting the alien; plus, they must make sure that your circumstances have not changed and if they have, whether or not you are still able to support your wife.

If you don't include the financial information, expect an RFE and some lost time.

Ah, thank you. Didn't realise how different they were.

However, all the police-related documentation will be 100% identical to the stuff already in the packet. I guess it doesn't hurt to resubmit...

[bradcanuck 1]

flooper: If in doubt, take the hit and resend it. It seems totally redundant but it's best. Last RFE they asked for a birth certificate and last years tax returns. That is the 3rd birth certificate and 2nd tax return sent in. More $, more time waiting for them to arrive.

But to me, better safe than sorry.

[flooper 0]

flooper: If in doubt, take the hit and resend it. It seems totally redundant but it's best. Last RFE they asked for a birth certificate and last years tax returns. That is the 3rd birth certificate and 2nd tax return sent in. More $, more time waiting for them to arrive.

But to me, better safe than sorry.

Thanks Brad... and (though I will follow the advice and attempt to avoid any!) do the RFEs hold up the EAD also, or does this get issued at the normal speed in your experience?

[bradcanuck 1]

flooper: If in doubt, take the hit and resend it. It seems totally redundant but it's best. Last RFE they asked for a birth certificate and last years tax returns. That is the 3rd birth certificate and 2nd tax return sent in. More $, more time waiting for them to arrive.

But to me, better safe than sorry.

Thanks Brad... and (though I will follow the advice and attempt to avoid any!) do the RFEs hold up the EAD also, or does this get issued at the normal speed in your experience?

It took me 45 days to get my RFE out due to waiting for tax transcripts and birth certificate. According to the InfoPass appointment I just went to, I would have been approved this month if I had not delayed. It seems RFE delays cause case delays.

[Jasman0717 9]

I followed the guide here on VJ and had no problems what so ever.