JaredShadkin

(Welcome Message copied from November 2023 group) Hello February 2024 AOS filers: another month another round of AOS submissions, Please be aware that this checklist is NOT all-inclusive and you must consult the USCIS website to crosscheck this checklist against/with. The AOS process has been confusing since the pandemic hit, not to mention the added politics. So please I want to stress that you only use this check sheet as a starting point and guide if you will. The USCIS site will be the final guide. Please ensure that you check your forms for the correct versions and editions because if you use the wrong forms USCIS will reject your application and send it back to you. This is easily checked on the USCIS website prior to downloading your forms. You should also ONLY download your forms from the USCIS website. The current and correct fees can also be ascertained from the USCIS website. Just a side note before we get started USCIS may decouple Forms I-765 and Form I-131 if filed jointly with Form I-485. Here is the quoted text taken directly from the USCIS website. "To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Form I-765 from Form I-131 filed at the same time. Effective Feb. 1, 2022, when possible, we will adjudicate an applicant's Form I-765 first. If we approve it, we will issue an Employment Authorization Document without any notation about advanced parole. We will adjudicate Form I-131 separately and if we approve it, we will issue an advance parole document". I know this is old news, but I thought it would be good to include it here for your knowledge. What this means is some people elect to include three (3) copies of their marriage license/certificates one attached to each form (I-485, I-765 and I-131 respectively). I do not know of anyone receiving an RFE for a marriage license/certificate missing on the I-765 or the I-131 since USCIS has started doing this new way of adjudicating the AOS (the marriage license/certificate with form I-485 is required though). This is an age-old concern that has been in play before this new way USCIS started adjudicating these forms. Some filers including me when I filed the AOS back in 2019 sent in three (3) copies of their marriage licenses/certificates. I did it then because of peace of mind and there were some RFEs given out for missing licenses/certificates (back then). USCIS also used to issue Combo Cards, Employment Authorization Document, and Advance Parole (EAD and AP combined in the same card). I've seen now where they have issued an EAD without the AP. Whether you include three (3) copies of your marriage license/certificate is going to be your individual call when you file your AOS. Having said that let's get into the checklist: AOS Checklist Cover Letter listing Table of Contents Check Payable to U.S. Department of Homeland Security - $1,225.00 (this includes the Bio-metrics fee, also be aware that fees are supposed to increase in the near future so please double-check before you send your packet off!) Form I-485 (completed and signed by non-US Citizen/beneficiary) Form G-1145 Copy of beneficiary's Passport with biographical page Copy of beneficiary's K1 Visa from Passport and entry stamp Copy of NOA2 Approval letter (from K1 process) I-94 Copy of beneficiary's Birth Certificate translation of birth certificate (if needed) Certified copy of Marriage License or Certificate Passport Photos (2) name written on the back Copy of DS-3025 Form I-864 (completed and signed by USC) (goes with form I-485) Proof of USC's citizenship (copy of birth certificate, copy of passport bio page, or other) Current tax year 2022 and (optional 2021, 2020) Tax Return (with W-2) or Transcripts (transcripts are better if you can get them) Employment Verification Letter (updated one - not the one used during the K1 process) Pay stubs (last 3 months) Form I-765 (completed and signed by non-US Citizen/beneficiary) Copy of beneficiary's Passport with biographical page Copy of beneficiary's K1 Visa from Passport and entry stamp I-94 Passport Photos (2) name written on the back Copy of NOA2 (from K1 process) Be sure to use the correct filing code of (c)(9) if this code applies to you. The I-765 instructions explain all the codes in detail. If you are filing under a different code (other than (c)(9) the fee for your AOS will not be correct and USCIS will reject your entire packet. Form I-131 (completed and signed by non-US Citizen/beneficiary) Copy of beneficiary's Passport with biographical page Copy of beneficiary's K1 Visa from Passport and entry stamp I-94 Passport Photos (2) name written on the back Copy of NOA2 (from K1 process Be sure to double-check for the current fees as fees do sometimes increase and they can change on a dime so please check. Additionally, check the forms as listed above i.e., current version and or edition date, there have been many changes to various forms. Consider sending tax transcripts instead of the 1040, and W2s. Also, consider preparing a cover letter for each form in addition to the main cover letter. Make sure you send long-form birth certificates and not the short form. Hope this helps in your preparation of your AOS. When in doubt ask questions. Please consider filing the I-131 and the I-765 even if you don't think you'll need them right now. You never know what changes your life will have down the road, so I recommend you file these two forms from the start. There is no extra charge to file them with your AOS and it's better to submit them all at once. There has been much confusion coming out of USCIS, partly due to Covid-19 and partly self-inflicted. This confusion filters on down to the people filing for AOS. The above listing is subject to change at a moment’s notice so please check, recheck, and check again BEFORE you send off your packet for any last-minute changes. Congratulations on the successful submission of your AOS packet!

The DS-160 form is known to have issues loading depending on the type of web browser you are using. It didn’t work on Safari for me, but Google Chrome and Internet Explorer were fine. That normally solves the issue. Otherwise clear your caché, cookies, etc. The DS-160 website has a helpful guide related to how to best access the site.

Checkout CIBT Visas. They can expedite U.S passports in as little as 24 hours for emergencies, or less than One Week for non-emergencies/general. Extremely happy with their services. Have used them many times over the years.

I also recommend requested a Social Security Number after arriving to the U.S but prior to getting married and applying for AOS. This will help the beneficiary to open a bank account, open and/or join credit card accounts, obtain drivers license, etc. There is a full guide on this website.

Doesn't really matter: Either the petitioner or the beneficiary may fill out the form. I, the petitioner, choose to fill it out as I knew some specific details (such as my complete US address) that the beneficiary may have forgotten. Both of you can fill out the sections, as some pertain more to the beneficiary and some more to the petitioner. You may use the Application ID, and the Passport number to login again within a 30 day period.

AOS is Adjustment of Status, a process all K-1 visa holders will go through once they enter the U.S. and get married - to be filed within 90 days. Fees will be increasing from 1500 to 3800 in March/April.

My fiancé and I will be getting married at a courthouse in Miami-Dade County tomorrow. Our lawyer indicated that witnesses are not a requirement for AOS - just proof that a marriage did take place such as photos.

Update: Obtaining Social Security My fiancé arrived on January 11 and we applied for his SSN at the Social Security Office on January 23. I completed the S-5 online, and we came to the office (without an appointment) with his passport and a copy of the I-94. The process took less than 5 minutes and we were provided with a letter stating the card will arrive in 2 weeks. Highly recommend completing this process before filing AOS, as the immigrant can become an Authorized User on Credit Cards and build credit, apply for their own CC’s, open bank accounts, and get health insurance with less hassle. Will make your lives a lot easier.

This immigration process needs to take precedent over most everything else at this point - as you are opening yourselves to a lot of extra stress and problems by not applying for AOS at the end of the 90 day period. Try anything and everything to make it a viable option, just as others have indicated

There are quite a few international flights from Africa and South America arriving into IAD between 6am and 7am. As a result, I would tend to expect longer than usual lines. You could get lucky and arrive before a few of those flights, or after some of them. Really up to luck. As a result, I’d tend to side with caution and try and switch to a longer connection if at all possible. If you do miss your connection, you will be automatically rebooked, pending space availability. While ATL is the world’s busiest airport and there is a rush of international arrivals between 1:00pm and 3:00pm, my fiancés flight arrived before the rush and there was basically no one in line - he had a 5 hour layover just in case.

I fully understand where your coming from. The way that USCIS adjudicates cases (especially expedite requests) is extremely discretionary - one person makes a final decision and very little can be done to override it. Just spoke about this today with my lawyer and how there’s no set process for pretty much anything. While luck plays a big part, there are also countries which require more or less USCIS intervention - thus increasing case times for some. Although USCIS should operate in a first-in, first-out basis for adjudicating cases, that clearly isn’t happening and hasn’t been so for ever basically. As per their stats, the 15 month time frame is for the adjudication of 80% of cases. So you’re technically still within normal processing times. You could easily have an answer tomorrow or possibly even after - someone from the August 2022 filers still hasn’t been approved. In the event your case is taking longer than 15 months, you may also find it helpful to contact the USCIS Ombudsman, which is an independent party who works on your behalf to find out if there was any wrongdoing. best of luck.

According to the USCIS Case Inquiry Calculator, the earliest you can submit an official inquiry based on your NOA1 date is May 7, 2024. This correlates to the average case processing time or 16 months at the CSC. If you sent the processing timeline that is listed on your profile to your Congressmen, this indeed is an unofficial and incorrect source - you must follow USCIS timelines. You can at anytime file an Expedite which cover a limited set of circumstances. Mine were denied twice. USCIS is known to process cases from the same general submission dates at different times, so you are not in an usual situation. Best of luck.

You are still within the normal processing timeframes. You can only officially request case information by May of this year I believe, if not June. You can put your exact NOA1 date in the case tracker and see what the day is for you. Some cases will be adjudicated earlier, some later than others. Usually luck of the draw.

You will now need to wait for the embassy to formally send you PKT-3, which will come by email. There is, however, Bogota PKT-3 available online - so you can start gathering the documents that are required. Good luck. https://d2v9ipibika81v.cloudfront.net/uploads/sites/103/IV-Pkt-3-4-Inst-for-interview-medical-exam.pdf

Although you will immigrate to the US using a K-1 Visa, it is technically categorized as a Non-Immigrant Visa per NVC/CAEC. Please use CAEC's Non-Immigrant Status Checker: https://ceac.state.gov/CEACStatTracker/Status.aspx

As of November 30, 2023, all immigrant visa candidates must have a 3rd dose of any Covid Vaccine administered.

Go to the USDOCS website: https://www.ustraveldocs.com, and then select the country of where the Visa will be issued. From the country specific website, you can create an account from which you will pay and schedule the appointment for your visa. While you can create an account, you will not be able to proceed with payment or interview scheduling until the CAEC Status Page shows "READY" and you have sent the Embassy a copy of your DS-160 Confirmation page - other requirements vary depending on the Embassy.

You'll probably be waiting for PKT-3 until after the New Year. General requirements for PKT-3 are the same from embassy to embassy. Either see if you can find one online for the DR or use the one I posted for Spain on the Embassy Info Page. I would also start filling out a DS-160 and make a USDOCS account.

CAEC Status “Application Received” only occurs after your interview at the Embassy. The following status will either be “Approved” or Denied - Admin Processing”. If “Approved”, the last and final status will be “ISSUED”. CAEC Status “Ready” is after your I-129F packet is received my the Embassy and marked in their system. It will remain “Ready” until your interview.

Our interview was this past Tuesday, December 19, and was approved on the spot. Interview was less of an interview and more like 3 questions - over in 3 minutes. Visa was issued the day after, and shipped today, December 22. I have uploaded very detailed comments about the entire NVC and Embassy Experience to the Comments on my timeline. Could be of help to some of you. good luck.

My fiancé underwent the medical exam (in Spain) for the K-1 on November 30th: that same day he was informed that the regulations changed and the 3rd dose of a Covid Vaccine is now required for all immigrants to the U.S. DS3025 was marked as incomplete until he either received the 3rd dose in Spain (which he did a week later) or upon arrival in the U.S. I believe if your medical was on or after a Nov 30, 2023, it will be required, but not before.

On the I-129F, DS-160, and I-134, I put "N/A" in all fields which did not pertain to me. Middle Name: N/A USCIS Account Number: N/A A-Number: N/A

It's a good thing we are not legally married, which is the requirement for CR/IR1. A Pareja de Hecho (otherwise known as a Domestic Partnership - roughly translated), is not recognized by the United States as a marriage, and only binding within Spain. Attaching more info for others who may see this in the future and are based in Spain: https://www.abogadoextranjeriamadrid.net/en/what-is-pareja-hecho-spain/

Since you are not filing any government documents (as per your statement above), you are not legally married in the eyes of the United States. A ceremony does not equal marriage. My fiancé and I signed/formed a Civil Partnership / Stable Couple Declaration in Spain. As proof of our relationship, I submitted those documents for my I-129F. The I-129F was approved and our interview is next month.

K-1's and IR1/CR1's are taking more or less the same amount of time. While you will spend less time at the NVC stage for K-1's, I believe the benefits of doing IR1/CR1 far outweigh the slightly faster processing of K-1. If it feasible, I would recommend getting married and filing. Better and easier for everyone in the long-run.