Lessons Learned (Filing I-485 AOS & I-765 EAD)

[Deputy Uling 0]

Adjustment of Status - Forms and Tips for K1 Visa Recipients

Adjustment of Status Forms:

VJ has the direct link to the USCIS forms [CLICK HERE]

The forms are:

I-485, Application To Register Permanent Residence or Adjust Status (REQUIRED)

I-864, Affidavit of Support (REQUIRED)

G-325A, Biographic Information (REQUIRED)

I-765, Application for Employment Authorization (OPTIONAL)

I-131, Application for Travel Document (OPTIONAL)

NOTE - The optional forms I-765 and I-131 are not required for the AOS submission. Since most AOS applications are being approved within 2 - 5 months, it may or may not be worth applying for the I-765 and/or the I-131, eventhough the cost is included within the current fee schedule. However, the happy newlyweds will have to decide whether applying form the I-765 and/or I-131 is worth applying for based upon their own situations and needs. Once the AOS is approved, the beneficiary ("Permanant Resident") may work and travel outside of the US. However, if you do not file the I-765 and I-131 and your case is delayed due to an RFE or other reasons, you will have to wait for the AOS to be approved before the beneficiary can LEGALLY work in the US or travel outside the US without being denied re-entry. The forms are pretty straight forward and indicate everyting that you need to supply along with your forms, unlike the visa application forms. Follow VJ's AOS guide [CLICK HERE] and VJ's AOS Tips [CLICK HERE].

Adjustment of Status Tips:

Tip # 1 - Get married within 90 days of arriving into the US

Tip # 2 - Get any required shots that are not available in the beneficiary's country (for example the TD shot is not available in the Philippines but is a required to complete the vaccination report for the AOS process) then have your DS-3025 transferred to the I-693A Supplemental Vaccination Record before 90 days after arriving into the US. NOTE: If you go to your own doctor to receive a vaccination shot. Have the doctor write you a note indicating that you have received the specific vaccination shot and make sure the doctor signs and dates that note. Take the note along with your DS-3025 to the civil surgeon who will transfer the information to the I-693A (the civil surgeons have the form so you don't have to supply it). Remember, you came to the US on a K1 Visa whereas a medical exam was manditory and expires one year from the date of the examination. In other words, do NOT let the civil surgeon talk you into getting another medical exam. If you have a problem, show the civil surgeon the I-485 instructions that state that K1 Visa recipients are NOT required to take another medical exam, except for if it's been a year since the last examination.

Tip # 3 - Apply for a certified marriage license and supply a copy along with the AOS application within 90 days of arriving into the US.

Tip # 4 - Submit your AOS application within 90 days of arriving into the US. (I recommend applying for the AOS before 90 days as stated on the AOS application (I-485) and per the K1 Visa application (DS-156K), but you may file your AOS after 90 days. However, you better be married before 90 days.)

Tip # 5 - Apply for you social security (SS) card 10 -14 days after your arrival and no later than 21 days before the I-94 expires (in other words, do this before 90 days of arriving within the US). If you wait to close to the expiration of the I-94, the application may be rejected, which means the beneficiary will have to wait until the AOS is approved before applying for a social security number). (NOTE: This part is not required to be completed for the AOS submission).

Tip # 6 - State ID or Driver's License. Same as the SS card. The beneficiary can apply 10 - 14 days after arriving to the US, but no later than 21 days before the I-94 expires (in other words, do this within 90 days of arriving into the US). If you wait apply cose to the expiration of the I-94, the application may be rejected, which means the beneficiary will have to wait until the AOS is approved before applying for a State ID or Driver's License. (NOTE: This part is not required to be completed for the AOS submission).

Hope this helps...

Deputy Uling

p.s. - Please review VJ's AOS Guide [CLICK HERE] and VJ's AOS Tips [CLICK HERE]

Edited August 20, 2007 by Deputy Uling

[Britchick 0]

VJ Family...

We will be filing our AOS and EAD within the next two months. If anyone has any lessons learned from your case, please share your experiece(s).

Thanks and God bless...

Ahmari & Jhen

NOTE: We do not have any specific questions. The directions/requirements are straight forward.

1. Apply for your EAD....AOS takes FOREVER

2. Photocopy everything u send

3. Done expect anything to happen for a long time

4. Invest in a BIG bottle of tylenol

[bora bora 1]

It is worth it for us to apply for the EAD at the same time as the AOS. My husband is really looking forward to working. However, we did not apply for the AP because we're not planning a trip out of the country until the end of the year.

[CJ&Jum 0]

I remember one thing, make copies of EVERYTHING you send or receive!

[cellarlily 0]

1) Get as much done prior to the K1 visa expiring as possible (SSN, driver's license/state ID, bank account, etc.) because otherwise you'll have to wait for EAD or GC to get them done.

2) As far as filing for AOS/EAD/AP...just be as organized as possible. Like someone else suggested, only work on one piece at a time. If you're trying to compile it all at the same time it gets pretty overwhelming. Fill out the I-485 first, then get each part of the required evidence, move on to the next piece. Also, print off the guides from this website and read them about fifteen times before sending the packet. Check off that you have everything they ask for and make at least one copy of the whole packet in case you get an RFE.

3) If you do get an RFE, don't freak out. It's not the end of the world and they're not doing it on purpose (it would be to their benefit not to send one). Some people get angry because it's something they've already sent them, which is understandable, but there's no reason to get too upset. If you've already sent them the information they're asking for, then you should have an extra copy on hand and ready to send out. It doesn't delay processing by much, so no need to get worried.

4) Like many people have said, apply for EAD if your fiance(e)/husband/wife plans on working at any point. Some people get GC before EAD, but it's pretty rare. The $180 it costs to apply for EAD is well worth it, especially if AOS takes longer than a few months to process.

5) Read the guides then ask questions!

[Addie_Goodvibes 0]

Sheriff-

Excellent topic!

We can give the following advice to those who are filing AOS.

make Copies of Everything in triplet

Assemble package exactly as suggested on USCIS Assembly and mailing tips web page

Don't stress yourself or waste too much time worry about website Updates as they usually are inaccurate in tracking the progress of your case. Send everything FEDEx or USPS Certified mail.

READ READ, READ all instructions on the forms, all the info you need is in those instructions.

Gather all required support documents, remember to read Instructions you will be surprised that you dont need EVERYthing you think you might example ( Lease agreement & Joint bank Accounts) you may only need either or as support evidence.

If you receive an RFE , make copies of it and submit everything it requests, if you made copies of original submissions there is no worry to respond to RFE, you should have it.

Do not worry too much, so long as you READ & Followed instructions you should be fine.

Be sure prior to the interview you read your G325 and Can verify all the information you submitted, the interview only serves as a means to verify the legitimacy of your case. You should Know and be able to respond to all information and questions related to information who already provided with your package. The IO is only there to help you , Relax

And be honest, Do not rpviode unneccasary info but if asked do not withold the truth.

The Following Tips are very important:

You look down, they know you're lying and up, they know you don't know the truth. Don't use seven words when four will do. Don't shift your weight, look always at the Interviewing Officer but don't stare, be specific but not memorable, be funny but don't make the IO laugh. The IO has to like you then forget you the moment you've left the Interview. And for God's sake, whatever you do, don't, under any circumstances...

[Sheriff Uling 3]

*BUMP*

[ready4ONE 5,400]

OMG is that true? You get ready to take a really nice picture to send for your green card and what they use is a crappy one taken without care at biometrics? Do they forget most people care about how they look in their documents?

Afraid so.

USCIS is NOT Burger King, and you CAN NOT have it your way!

[Twomoles 8]

I know a friend here in PA, who went thought AOS. She was approved very quick, and they send all evidences about relationship, same a they did with k-visa, same we would take to interview. Now I think I would add proves about marriage already sending in AOS.

People say here funny things about interviews. I think the best way is to be natural. As you would be with your spouse in reality, and you don't have anything to hide. I think they know things, and they have already good "trained eye".

Edited June 12, 2007 by ieva & carl

[Deputy Uling 0]

*BUMP*

[Sheriff Uling 3]

***BIG BOOTY BUMP***

Please feel free to add more lessons learned or review for informational purposes...

[SM&LP 0]

***BIG BOOTY BUMP***

Please feel free to add more lessons learned or review for informational purposes...

For those couples going through DORA (until sep 21? or 27?) make sure you take with you the instructions of the forms for EAD and AP. IOs are not aware that the 1010 USD includes now those other forms.

[George and Jenny 0]

Bump! All I can say is that this discussion really helped me with the filling of the AOS/EAD last month...I really appreciated all the hard work which you shared with us all...Thanks...Again!!

[Sheriff Uling 3]

Please review and/or make comments/suggestions for others where appropriate...

[Team Peralta 0]

Please review and/or make comments/suggestions for others where appropriate...

this should always be on top.

I didn't see this thread when I started my AOS . This could've helped me.