AOS, EAD & AP from K1 - the Aussie way (doc list included)

[VanessaTony 3,567]

Hi All

I have started this thread in this specific sub-forum because I will be using Australian colloquialisms (sayings) and spelling. I don't know whether being from Australia will make any difference,.. whether it be my documents don't need to be translated, or if our people fill in stuff differently (like the medical - explained below).

I started the thread itself though, because can't find any one central page that has ALL the documents for AOS, EAD and AP listed. This list relates to me and my case, but it is also the BASIC list because my case is simple, i.e. I don't have any kids or anything else remotely difficult to worry about. I didn't get any RFE's while doing K1 (here's my K1 thread: http://www.visajourney.com/forums/index.php?showtopic=206016 ), and I'm aiming for the same this time around too. I have read and re-read the instructions several times. I read every line, and not just stuff related to me, just in case it's got a little note (this actually happened on one form) that might affect me. This list is IN NO WAY a substitute for you also reading through the forms, but I hope that it helps you get an idea of when you should start sourcing things (like paperwork for the affidavit of support) and making sure you have everything you need before you get to your applying "deadline".

On that note, there is no "deadline" for applying for AOS, as long as you marry within 90 days of arriving on your K1 visa. However it is recommended that you apply before your I-94 expires as some people have experienced issues with ICE (not deportation, just hassles and on 2 occasions I've read about, being locked up until a judge tells the ICE person they were wrong and being forced to pay fees as well as immediate AOS), but just as many (if not more) have had no issues and applied for AOS years after their I-94 expires. My main reasons for applying ASAP is because I want to work and I personally don't like not being "sure" of my status. Also, if there is a period of 180 days between your I-94 and the date your AOS is processed, you MAY encounter a ban on trying to re-enter the US if you leave and try and use the AP document. For that reason, try and apply for AOS well before 180 days after your I-94 expires... just to be safe.

Also, there is currently only one fee payable, being $1,070.00 for the AOS, EAD & AP (updated 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD ). In July 2007 the fee for AOS changed and the rules altered so that if you send the EAD and AP at the same time as AOS (or while it's pending) the fee for EAD and AP are waived. Whether you apply for EAD and AP at the same time as AOS the fee remains the same and whether you think you need them or not, as the fee is waived, it's always better to have than not have, "just in case".

So here we go

Definition of terms:

I-94# - Is the admission/departure number on the I-94 card (full image here: http://www.visajourney.com/gallery/albums/...mmigration1.jpg )

A# number - Alien number - can sometimes be found on your visa under "annotation" starting with A0 then 8 digits. Also found on your NOA2 above the beneficiaries name (image here: http://www.visajourney.com/gallery/albums/...F-NOAs/NOA2.jpg )

AOS - Adjustment of Status - Applied for after entering the US on a K1 visa and marrying within 90 days. Changes status to "conditional permanent resident" and you will be sent a green card. This process takes around 90 days however it can take MUCH longer.

AP - Advanced Parole - Allows you to re-enter the USA while your AOS is pending. You are allowed to leave whenever you want, but doing so without the AP document (or green card) means you will not be able to re-enter. Leaving without it also results in your case being considered "abandoned".

CO - Consular Officer - In this thread related to the person actually processing my documents

EAD - Employment Authorisation Document - Allows you to work whilst the AOS is being processed, as long as you have a SSN of course. Once you received your GC your EAD is no longer needed

GC - Green card - short-form for green card so I don't have to keep typing it

IO - Interviewing Officer - The person who will interview me (if needed). Apparently not every case requires an interview. Lets see if I can be one of the few who don't need one

Non-Immigrant Visa Number - This is the RED number found on your visa (image here: http://www.visajourney.com/gallery/albums/...after_entry.jpg )

RFE - Request for further information - Received if something you mailed in is incomplete or missing. It doesn't cancel your case, just slows things down a fair bit, so doing everything to prevent getting one is your aim

First things first. VJ does have guides:

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

VJ EAD Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

And also example forms:

Example forms: http://www.visajourney.com/forums/index.ph...p;page=examples

The guides suggest doing a cover letter. Personally I'm doing a cover letter for each separate case (AOS, EAD and AP). I have read that the CO's don't tend to read the cover letters so really why bother, BUT I'm not doing it for them so much as for me. Filing so many documents means a lot of stuff to remember and I also think it looks neater and prettier. Also, while reading through the instructions I go through and fill in the cover letter with the attachments needed so I don't forget anything.

The USCIS has actually put together their OWN page of tips for putting together a package for mailing: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD I haven't decided if I'm going to hole punch yet or just bulldog clip as it seems that while it's appreciated it doesn't change anything so if I have a hole-punch available... maybe.

I ALWAYS go to the USCIS website to obtain forms: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD as this way you always make sure you have the most up-to-date form. Also, remember to check the filing location as it may have changed since the form was made. To do this, always make sure you go to the main form page (not the pdf, the place that links you the .pdf) such as this for AOS: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD and line four says "Where to file". In this case it tells you it depends on the category you are applying under, on other forms it might say "check the form" or "check the instructions".

As stated on each form, originals are only required when it specifically says "original" (like the forms with official signatures) otherwise copies are sufficient.

--AOS--

- G-1145 – Form for E-notification of Application/Petition Acceptance **See Note 1**

- Payment in the amount of $1,010.00 payable to U.S. Department of Homeland Security

- I-485 - Application to Register Permanent Residence or Adjust Status, signed & dated #####

- Copy of birth certificate

- Copy of K1 visa in passport

- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen

- Copy DS-3025 – Vaccination record (completed), dated ##### **See Note 2**

- G-325A - Biographic Information, including residence and employment attachments (1 copy as of July 2009)

- I-864 - Affidavit of Support Under Section 213A of the Act, completed by #####

o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for most recent tax year (or IRS tax transcript which I prefer)

o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for second most recent tax year (optional)**See Note 3**

o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for third most recent tax year (optional)**See Note 3**

o Letter from #####’s employer (optional)

o Pay stub(s) from the most recent six months for ##### (optional)

- Copy of I-797 - Notice of Action, Approval of K1 petition, dated ##### (front & back)

- Copy of Marriage certificate, dated ##### (front & back)

- Copy of I-94 – Arrival/Departure record (front & back)

The two items listed below are on the VJ AOS Guide, however NOWHERE on the forms, or their instructions is it mentioned that these items are required. These items only serve as additional information. You are required to bring your passport to the interview (if you have an interview) so perhaps by mailing this information you might not need to have one. Ultimately more info is better than less info (within reason of course) so it can't hurt. Personally I'll be including them in my parcel (in my attempt to avoid an interview ) but it makes sense that they're not needed as your Alien number is your identifier now (where with the K1 your passport number and then case number were).

- Photocopy of passport biographical details page

- Photocopy of USA entry stamp dated #####

Note 1: This form is now available that requests that you receive and email and text letting you know your application has been received http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Note 2: There is a huge point of contention on VJ regarding whether or not to send DS-3025 or if you will require form I-693 (immunisations only). The reason for this is, the paperwork clearly states that if you COMPLETED your immunisations PRIOR to your K1 interview in your home country (and thus your medical information is complete in the paperwork you handed in at POE (and subsequently forwarded on)) then only the copy of the DS-3025 is required. HOWEVER some people who assumed their info was complete and sent in the DS-3025 received an RFE requesting they submit a form I-693. Further information is mentioned on this VJ thread: http://www.visajourney.com/forums/index.php?showtopic=101202 So whether you go to the trouble of obtaining one so you don't risk and RFE and thus a slow-down is up to you. Personally I am in the process of calling Civil Surgeons (CS's) in my area to find our their fee. If the fee is reasonable we might do it just so we don't risk the RFE but at the same time i honestly think my form is fine and I have all immunisations filled in, either with dates or "not age appropriate". I'll let you know what I decide and then what the outcome is. Remember though every case is different, no matter how similar they might be.

Note 3: Tax information is only REQUIRED for the most recent tax year. Question 25 on the I-864 still requires that you indicate your earnings for the most recent tax years, whether you provide evidence of this income or not. There are two tick boxes in that question, where you can indicate whether you are only including the most recent tax year, or the three most recent. I personally prefer to send in IRS transcripts so that you are sure that you have not excluded any tax information and I also prefer to send in all three years of tax information just to "be safe". Information for obtaining the transcripts is located here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3614293 .

Here is a the Civil Surgeon "phone book" from the USCIS website: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

Here is a VJ thread that lists good CS's and their prices: http://www.visajourney.com/forums/index.ph...231026&st=0

--EAD--

- G-1145 – Form for E-notification of Application/Petition Acceptance

- I-765 - Application for Employment Authorisation **See Note 1**

- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen

- Photocopy of passport biographical details page **See Note 2**

As we're applying together with the AOS then the following isn't REQUIRED, however if you choose to include it, it's up to you, like i said before, more info is better than less info

- Copy of I-94 – Arrival/Departure record (front & back)

- Copy of Marriage certificate (to show name change) **See Note 3**

Note 1: Being adjustment applicant's, we're under category c9. You will see there's also a category for K1 and K3 visas (a6) but this is for when you're not applying at the same time as the AOS.

Note 2: It actually says "If no prior EAD has been issued, you must submit a copy of a Federal Government-issued identity document such as a passport..." as well as some other examples but personally I think the passport is the easiest one.

Note 3: The next issue for me (being female, married and changing my name) is my passport is still in my maiden name. For that reason it seems to make sense to include a copy of my marriage licence. Although these things are included with the AOS application, they can always shred multiple copies

--AP--

- G-1145 – Form for E-notification of Application/Petition Acceptance

- I-131 - Application for Travel Document (Advanced Parole)

- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen

- Copy of K1 visa (to show present status)

- Photocopy of passport biographical details page **See Note 1**

As with the EAD, this isn't REQUIRED but I will probably include it because the AP form doesn't actually have a space for "prior name":

- Copy of Marriage certificate (to show name change)

Note 1: It actually says "copy of an official photo identification document showing your name, photo, and date of birth". Like with the EAD example, passport is easiest I think

General

An important thing to remember is if you change your address at ANY stage while you are an LPR (or their sponsor) you are required to change your address within 30 days of moving. There are penalties for not doing so. The USCIS has an online change of address service but you STILL need to actually post a form to them. Here's the site: https://egov.uscis.gov/crisgwi/go?action=coa . The reason for the paper form is so it's changed on the masterbase.

The current postal details for these forms (as of 3 Dec 09 ) is:

File at:

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

For courier/express delivery:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5517

I, like most, will be submitting my forms by express mail so I'll use the bottom address

PAYMENT

It's important when writing the cheque that you write:

"One Thousand Ten and 00/100" or it might be returned.

Here is the USCIS link outlining the cheque writing requirements: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD because if you're like me, it doesn't make sense to write it that way and I wouldn't have written it like that but their wish is our command

Hope some of you find this useful If I've forgotten something, or stuff doesn't make sense, please let me know

**Edited to add further definitions - 27 Feb 2010

**Address for filing changed and fixed on here - 10 March 2010

**Edited to add Biometrics review link here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3909156

**Edited to add - AOS approved 7 July 2010. Without RFE, Without interview. I simply followed the above guide and make sure my documents were completed properly.

**Edited to add - new AOS fees as of 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Edited December 9, 2010 by Vanessa&Tony

[alex and astrid 38]

A+ idea Vanessa!! Seeing as this will be me in about two months time, I will be following this closely!

[Simon and Janet 6]

Excellent information. I'll need this stuff soon, thanks for the thread!

[Giggles 1]

You're a gem Vanessa!!

[wratran 0]

this is very helpful...we are in the process of doing this package...

Do you have a cover letter you can post?

[VanessaTony 3,567]

this is very helpful...we are in the process of doing this package...

Do you have a cover letter you can post?

VJ has this: http://www.visajourney.com/content/examples with example forms.

They don't have cover letters for the AOS process but I amended to suit my circumstances/needs.

I have attached examples but these aren't perfect yet, just for ideas.

Cover Letter _AOS_ for VJ.pdf

Cover Letter _AP_ for VJ.pdf

Cover Letter _EAD_ for VJ.pdf

**Edited to update with current AOS address for K1

Edited March 18, 2010 by Vanessa&Tony

[Miss Natalie 0]

oh thank god for you Vanessa! This part is getting me very confused, so I am really grateful for your indepth information. You're a legend!

[lyekka 5]

What would we do without you in the process Vanessa? hehe. Yet again we are on another stage of this journey together! We arent getting married until May1st, but this will allow me to get the whole thing together and just have him sign it. Quick question, since I used my mom as a co sponsor, does she need to include a seperate affadavit of support just like with the packet 3? Thanks so much for all your help!

Jules

[VanessaTony 3,567]

What would we do without you in the process Vanessa? hehe. Yet again we are on another stage of this journey together! We arent getting married until May1st, but this will allow me to get the whole thing together and just have him sign it. Quick question, since I used my mom as a co sponsor, does she need to include a seperate affadavit of support just like with the packet 3? Thanks so much for all your help!

Jules

If you're using your mum as a co-sponsor again then yes.

You will also need to make sure that the beneficiary provides W2's and the rest of the required evidence even though they don't meet the financial requirements (I think that's you but I didn't want to confuse you )

Here's a small thread: http://www.visajourney.com/forums/index.php?showtopic=229685

A lot of people have been caught thinking that because they don't meet the $$ and have a co-sponsor that they won't need to include the w2's and other financial info and this has resulted in RFE's. So remember PRETEND that there isn't a requirement and fill in all your info like normal, provide proof of income etc etc, and then have you co-sponsor fill it in of course being aware of the $$ limit (so if she doesn't earn enough, her assets will need to be entered to cover the difference)

Hope that makes sense

[wratran 0]

dont forget to include the I-693 if you are doing one....

G325...is this the only form that required 4 copies?

[VanessaTony 3,567]

dont forget to include the I-693 if you are doing one....

G325...is this the only form that required 4 copies?

I-693 is mentioned under Note 2 of AOS. It's not required in all basic cases such as mine where my immunisations are complete. I made sure I mentioned this was a basic case and provided links regarding the I-693.

G-325 no longer requires 4 copies as of July 2009. If in doubt it can't hurt to print and send 4 but the instructions don't require it.

Edited February 19, 2010 by Vanessa&Tony

[wratran 0]

In your cover letter....I also noticed some of the required documents are duplicated in each of the AP. EAD, and AOS.

Do we need to provide it each time the form ask for it?...

or since...we are submitting all 3 at once...we dont have to provided 2 or 3 times?

[VanessaTony 3,567]

In your cover letter....I also noticed some of the required documents are duplicated in each of the AP. EAD, and AOS.

Do we need to provide it each time the form ask for it?...

or since...we are submitting all 3 at once...we dont have to provided 2 or 3 times?

I don't mean to be rude but this is all discussed in the OP. In any stage where the document isn't NEEDED but I'm including it anyway I clearly distinguished it. Please read the OP.

In simple terms, not in EVERY case are they duplicates, in some cases (which is discussed in the OP) the document is REQUIRED even though it's already in another parcel. In some cases the document ISN'T required but I'm including it because I heard that the cases aren't processed by one person and instead the three things are split up and given to different people. In this case I'm including it because, AGAIN as stated in the OP, they can always shred duplicates and I won't end up with an RFE for not including copies where it was needed.

[VanessaTony 3,567]

--AOS--

- G-1145 – Form for E-notification of Application/Petition Acceptance **See Note 1**

- Payment in the amount of $1,010.00 payable to U.S. Department of Homeland Security

- I-485 - Application to Register Permanent Residence or Adjust Status, signed & dated #####

- Copy of birth certificate

- Copy of K1 visa in passport

- 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen

- Copy DS-3025 – Vaccination record (completed), dated ##### **See Note 2**

- G-325A - Biographic Information, including residence and employment attachments (4 copies)

- I-864 - Affidavit of Support Under Section 213A of the Act, completed by #####

o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2009 tax year

o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2008 tax year

o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2007 tax year

o Letter from #####’s employer (optional)

o Pay stub(s) from the most recent six months for ##### (optional)

- Copy of I-797 - Notice of Action, Approval of K1 petition, dated ##### (front & back)

- Copy of Marriage certificate, dated ##### (front & back)

- Copy of I-94 – Arrival/Departure record (front & back)

The two items listed below are on the VJ AOS Guide, however NOWHERE on the forms, or their instructions is it mentioned that these items are required. These items only serve as additional information. You are required to bring your passport to the interview (if you have an interview) so perhaps by mailing this information you might not need to have one. Ultimately more info is better than less info (within reason of course) so it can't hurt. Personally I'll be including them in my parcel (in my attempt to avoid an interview ) but it makes sense that they're not needed as your Alien number is your identifier now (where with the K1 your passport number and then case number were).

- Photocopy of passport biographical details page

- Photocopy of USA entry stamp dated #####

Note 1: This form is now available that requests that you receive and email and text letting you know your application has been received http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Note 2: There is a huge point of contention on VJ regarding whether or not to send DS-3025 or if you will require form I-693 (immunisations only). The reason for this is, the paperwork clearly states that if you COMPLETED your immunisations PRIOR to your K1 interview in your home country (and thus your medical information is complete in the paperwork you handed in at POE (and subsequently forwarded on)) then only the copy of the DS-3025 is required. HOWEVER some people who assumed their info was complete and sent in the DS-3025 received an RFE requesting they submit a form I-693. Further information is mentioned on this VJ thread: http://www.visajourney.com/forums/index.php?showtopic=101202 So whether you go to the trouble of obtaining one so you don't risk and RFE and thus a slow-down is up to you. Personally I am in the process of calling Civil Surgeons (CS's) in my area to find our their fee. If the fee is reasonable we might do it just so we don't risk the RFE but at the same time i honestly think my form is fine and I have all immunisations filled in, either with dates or "not age appropriate". I'll let you know what I decide and then what the outcome is. Remember though every case is different, no matter how similar they might be.

Here is a the Civil Surgeon "phone book" from the USCIS website: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

Here is a VJ thread that lists good CS's and their prices: http://www.visajourney.com/forums/index.ph...231026&st=0

AFFIDAVIT OF SUPPORT - DOC UPDATE

After a more extensive read of the I-864 paperwork (I apologise as I went off VJ information and the 864 checklist, rather than read the 864 paperwork thoroughly -- it's a lot of pages!), and on the advice of another VJ member, I have updated the list of required docs (I can't edit the OP though, so have listed more info below).

Income Requirements

The income requirement is 125% of the poverty line, and dependant on the number of "household members" (see below). The poverty information can be found here: http://www.uscis.gov/files/form/i-864p.pdf If you are unable to meet the income requirements, you are able to use assets to supplement income, and only need to fill out that section of the form if that is the case.

Number of household members

"Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependants listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."

Tax Information

Instead of this (as seen in the doc list above):

o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2009 tax year

o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2008 tax year

o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2007 tax year

you can submit IRS tax transcripts, meaning you will not require the W2s, 1099's or schedules. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Do NOT submit copies of your State tax returns.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered.

Obtaining Tax Transcripts.

You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9.Follow all instructions for completing and filing Form 4506-T with the IRS."

IRS tax transcripts are free from the IRS, the phone number to request them is: 1-800-829-1040

Note - A lot of this information is taken directly from the I-864 instructions.

Best of luck with your AOS

Edited August 12, 2010 by Vanessa&Tony

[Shewack 0]

WOW impressive info! i've already sent my AOS, it was delivered on the 5th of jan, I sent the form G-1145, but haven't recieved an email yet, has anyone sent their's in with this form? & if so how long did u wait to get an email?