AOS while wife stateside on visa waiver program ,

[James&Kat 0]

we initially applied for a k-3 in april but due to a mistake on our side it got denied.

we went to USCIS in LA yesterday and were told by an immigration officer to apply for AOS. hence I have tons of questions.

I'm here on VWP and my home of record is registered in Germany.

I-130

Section C,q 2: shall i give my adress stateside or the one in Germany?

q 19: do I have to give an adress abroad since I'm here right now?

q 21: we have lived together,bur there is no record of it, since I didn't have to put him on my lease.I just don't want it to conflict with the

G-325A

What does all count as prove of ongoing marital relationship? We actually are both on our lease and the title for one car, but otherwise I only have envelopes.can anybody tell me what an supporting affidavit would look like?

I-485

Part 1:- since I neither have a SSN nor a A#...do I leave the fields blank or put "none" in there?

- what is my current USCIS status since I'm here on VWP?

Part 2: what do I put in for application type, since I'm neither of the listed optons?

Part 3, A:- nonimmigrant visa number ? is that the number on the !-94?

- consulate where visa was issued? none or N/A?

G-325A: Applcants last residence...do I give the adress where I'm staying stateside as my last one or the one in Germany?

I really appreciate everybodys hel.I just want to make sure we get it 110% right this time.

[Cécy 44]

First of all read this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

If you are currently living in the US you should give your US address. The 130 is also filled by couples who are in the k3 process in which case they are going to have a foreign address. The address you give is where you live and where you want to receive all the mail from USCIS.

Proof of ongoing marital relationship: health insurance and other insurances in both your names (if he works he should be able to get you under his health insurance), bills in both names, bank account in both names, marriage certificate, birth certificate of children if you have some together, lease in both names, affidavt of support is a letter written by friends or family for example that tells that you are a bona fide couple. Do a search in the AOS section, I have seen examples posted.

The affidavit of support is a USCIS document: I-864 , it should be in the list of documents on the Guides of Journey and you can find an example of it completed. To have the latest version go to www.uscis.gov

I485

1. yes put none, you are a VWP, that would be your status I think

2. select (a)

3: yes that's the long number on the I-94 (it should be 11 or 12 numbers I think), you don't have a visa so n/a (non applicable)

G325a: well your current residence is in the US, the one before that where you were in Germany I guess.

we initially applied for a k-3 in april but due to a mistake on our side it got denied.

we went to USCIS in LA yesterday and were told by an immigration officer to apply for AOS. hence I have tons of questions.

I'm here on VWP and my home of record is registered in Germany.

I-130

Section C,q 2: shall i give my adress stateside or the one in Germany?

q 19: do I have to give an adress abroad since I'm here right now?

q 21: we have lived together,bur there is no record of it, since I didn't have to put him on my lease.I just don't want it to conflict with the

G-325A

What does all count as prove of ongoing marital relationship? We actually are both on our lease and the title for one car, but otherwise I only have envelopes.can anybody tell me what an supporting affidavit would look like?

I-485

Part 1:- since I neither have a SSN nor a A#...do I leave the fields blank or put "none" in there?

- what is my current USCIS status since I'm here on VWP?

Part 2: what do I put in for application type, since I'm neither of the listed optons?

Part 3, A:- nonimmigrant visa number ? is that the number on the !-94?

- consulate where visa was issued? none or N/A?

G-325A: Applcants last residence...do I give the adress where I'm staying stateside as my last one or the one in Germany?

I really appreciate everybodys hel.I just want to make sure we get it 110% right this time.

Edited October 31, 2007 by Cécy

[James&Kat 0]

2. select (a)

but it isn't approved yet, since we'll just file for tha t too.....?

[CB82 1]

2. select (a)

but it isn't approved yet, since we'll just file for tha t too.....?

You select (a) as in the brackets it says:

(Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediatly available visa number, if approved.)

That just means that you are filing the I-130 and I-485 concurrently and a visa number will be immediately available once it is approved.

Edited October 31, 2007 by CB82

[John & Annie 1]

2. select (a)

but it isn't approved yet, since we'll just file for tha t too.....?

You select (a) as in the brackets it says:

(Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediatly available visa number, if approved.)

That just means that you are filing the I-130 and I-485 concurrently and a visa number will be immediately available once it is approved.

[James&Kat 0]

i guess my english temporarily failed me when i read it....thanks!

[Nicky44 0]

If your k3 visa is not approved I dont think you can select A on the I-485

Select H and in the space below, write something like I am the spouse of a USC, I am applying for Adjustment of Status to Permanent Resident, I came on a WVP and have been continously present in the US since XXXX

I did check this out with an immigration officer at the time I was applying.

Edited October 31, 2007 by Nicky44

[Cécy 44]

From the first post it looks like they are sending the i130 and the i485 together, so A does apply in that case I believe.

[athena_ny 1]

A does apply. We applied from a B2, and A was the correct choice in that situation as well.

[misa 2]

Hang on...

Was your K3 denied at the consulate or was the I-130 and/or I-129F petition(s) denied by USCIS?

If your first I-130 is still pending, then you can just include a copy of your NOA1 with your I-485 and select A.

[James&Kat 0]

the 129 got denied because my husband accidently did not sent the I-130 back when he got it sent back to him because they lost the money order that came with it.we explained the situation yho an immi officeron tuesday and he told us to file for AOS since I'm stateside right now anyway

[James&Kat 0]

what do i put in on the G- 235A

This form is submitted in connection with an application for:

- Naturalization

- Other (Specify):

- Status as Permanent Resident

sorry for asking so many questions,but I want to get everything right to a T

[James&Kat 0]

I-130

Section C, q 14:14. If your relative is currently in the U.S., complete the following:he or she arrived as a...

can I put "visitor wiyh VWP" in there?

q 16: Has your relative ever been under immigration proceedings?

what do I put here?given the current circumstances it would be yes,right?

[misa 2]

what do i put in on the G- 235A

This form is submitted in connection with an application for:

- Naturalization

- Other (Specify):

- Status as Permanent Resident

sorry for asking so many questions,but I want to get everything right to a T

You'll be submitted a set of G-325s (for both you and your spouse) for the I-130 and one set for yourself for the I-485.

For both sets for the I-130: Other: I-130

For your set for the I-485: Status as Permanent Resident

I-130

Section C, q 14:14. If your relative is currently in the U.S., complete the following:he or she arrived as a...

can I put "visitor wiyh VWP" in there?

q 16: Has your relative ever been under immigration proceedings?

what do I put here?given the current circumstances it would be yes,right?

Question 14: I think "visitor"

Question 16: No

[rebeccajo 14]

I'd take all my 'denial' paperwork and go see a competent immigration attorney before I filed. Just for a double-check on what the IO told me.