CFL AOS FAQ

A Candle for Love – Pre-AOS/SSN/AOS/EAD/AP FAQ

CONTENTS:

1) Section 1 contains general comments about the visa options. Because there are many FAQs and Step by step guides available, this reference is kept to a minimum, but contains links for further reference.

2) Section 2 is intended to provide additional links for further reference

IMPORTANT NOTE:
These are compilations and consolidations from other peoples questions and answers posted on the Candleforlove.com web page and other pages. You should read this FAQ with that in mind, because things change faster than this FAQ.

If the question or answer is familiar to you, thank you for your contribution. In some cases, the original has been edited for this FAQ. If you find something that does not seem correct, please email or post about it, that way this FAQ can be updated. Remember these questions and answers are based on other people’s opinions or experiences only.

WHERE TO GET FURTHER INFORMATION:

1) This FAQ will contain common and frequent questions but may not have some information you need. It is recommended that you look at the following CFL FAQs:

2) http://candleforlove.com/forums/index.php?showtopic=11293

a. CFL Visa FAQ

b. CFL DCF FAQ

c. CFL P3 FAQ

d. CFL P4 FAQ

e. CFL Interview FAQ

f. CFL Interview Questions FAQ

g. CFL AOS FAQ

3) CFL searchable database (www.candleforlove.com)

4) Visa Journey FAQ (http://www.visajourney.com/faq/k1faq.htm )

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Pre-AOS / SSN / AOS / EAD / AP: FAQ

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Section One: Questions related to pre-AOS filing
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Q. What is a FAQ?
Q. I-94

Q. What is an overview of what I need to do after my SO arrives in the US?

Q. Issues related to K3?

Q. What happens to this process if a K1 gets married at 91+ days?

Q. We can get married in the 90 days required, but won’t get to file the AOS by then. Are we ‘out of status’ ?

Q. My SO wants to change her name. What do I do ?

Q. My SO’s passport is close to expiring, what do I do?

Q. Where can I find a Civil Surgeon?

Q. What should I bring to the Civil Surgeon?

Q. Vaccinations?

Q. Is a physical required for the AOS filing?

Q. What should I get from the civil surgeon?

Q. Is the vaccination supplement required with the AOS paperwork?

Q. My parents are joint sponsors. Do they fill out I-864 or I-864a ?

Q. I-864 and Public charge issues?

Q. Where can I get sample forms?

Q. What fees can be expected?

Section two: Questions related to SSN
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Q. How can I get a SSN number?

Q. What are some Visa type specific comments?

Q.For CR1, I checked the DS-230 part II box for a SSN, but never received it?

Q. Is a SSN required for filing AOS ?

Q. Is the SSN required for getting married?

Q. We have a SSN card with a stamp “Not authorized to work”, but the work status has changed with AOS ?

Q. Can someone explain the SSN cards that are possible to get ?

Q. Where can I get additional Information?

Section three: Questions related to AOS
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Q. Issues related to I-485

Q. Issues related to I-864

Q. Issues related to G-325a

Q. Issues related to K4 filing

Q. How do I put together the package for AOS?

Q. Can I file AOS paperwork jointly for the two children? Or must it be done separately for each child?

Q. Where do I mail the AOS Package ?

Q. How do I check my AOS case ?

Q. How should change of address be done?

Q. Will I need to file an extension for the AOS status?

Q. What happens if her K3 visa expires?

Q. What is the ASC code for?

Q. What is the difference between the fingerprints and biometrics?

Q. I heard that some are getting AOS approval without an interview?

Q. How long should we expect to wait for our AOS interview?

Q Is the USC required to attend the AOS interview?

Q. What should be brought to the AOS interview?

Q. What will occur at the AOS interview?

Q. Any issues that arose during the AOS interview?

Q. My AOS interview is coming up on our 2 year anniversary, what card will we receive?

Q. We just found out we have two “A” numbers (alien registration numbers). How did that happen?

Q. Can I travel out of the US while the AOS is pending ?

Section Four: Questions related to EAD
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Q. What does EAD stand for and what is it used for?

Q. When can I file for EAD?

Q. When filing for EAD, which category do I choose?

Q. How long is the EAD good for?

Q. My EAD has taken over 90 days, what can I do?

Q. I understand a K1 can get a SSN, correct? Does this allow them to work as well ?

Q. My wife is a K3. What is required for her to work once she is here?

Q. I have not filed I-130 yet for my K4 stepdaughter. Can I go ahead and file for EAD for her?

Q. My wife’s EAD will expire soon. Does my wife have to stop working?

Q. Where can I get additional Information?

Section five: Questions related to AP
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Q. What does AP stand for and what is it used for?

Q. The advance parole section is really confusing. I can't even tell if she even qualifies?

Q. When can I file for AP?

Q. What is filed for AP?

Q. What is an example ‘explanation’ for the AP application?

Q. Can I check my status online?

Q. How long is the Advanced Parole good for?

Q. What happens at the departure and arrival when on AP ?

Q. What will the approved Advanced Parole look like?

Q. What is a re-entry permit?

Q. What is the difference between an Advanced Parole and a Re-entry permit?

Q. Can I travel to Canada on AP?

Q. When will she be able to travel back to China?

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The Answers.
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Section One: Questions related to pre-AOS filing

Q. What is a FAQ?
Q. I-94

Q. What is an overview of what I need to do after my SO arrives in the US?

Q. Issues related to K3?

Q. What happens to this process if a K1 gets married at 91+ days?

Q. We can get married in the 90 days required, but won’t get to file the AOS by then. Are we ‘out of status’ ?

Q. My SO wants to change her name. What do I do ?

Q. Where can I find a Civil Surgeon?

Q. What should I bring to the Civil Surgeon?

Q. Vaccinations?

Q. Is a physical required for the AOS filing?

Q. What should I get from the civil surgeon?

Q. Is the vaccination supplement required with the AOS paperwork?

Q. My parents are joint sponsors. Do they fill out I-864 or I-864a ?

Q. I-864 and Public charge issues?

Q. Where can I get sample forms?

Q. What fees can be expected?

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(19 Oct 2005)

Q.1.1 What is a FAQ?

A.1.1.1
FAQ is an acronym for Frequently Asked Questions.

A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help people who are new to the subject get a basic level of understanding by answering the questions that are frequently asked. It is considered common courtesy in the on line world to read the FAQ before posting your question as it may already have the answer you need, or it might help you to formulate your questions so that someone else can more easily help you when you ask them.

A.1.1.3
There are a lot of acronyms and abbreviations used on the CFL forum. Please read the CFL FAQ for the definitions of the commonly used ones.

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(16 May 2006)

Q. I-94

The I-94 is for non-immigrant visa holders, such as K-1 and K-3; CR-1 visa has the same affect as entering the US with a green card.

There is no unlawful presence created when the advance parole I-94 expires, provided the I-485 is still pending. That is, the individual is allowed to remain in the U.S. while the I-485 is pending, even if that period extends beyond the I-94 expiration date. Such a person will not be regarded as unlawfully present. Accordingly, there are no penalties or negative consequences for the individual, as long as the I-485 is still pending decision with the INS.

More info:

Length of Stay is Determined by Your I-94 Arrival-Departure Record -- NOT Your Visa

http://www.foreignborn.com/visas_imm/entering_us/9lengthofstay.htm

Advance Parole : I-94 Expiration Generally Not a Problem
http://www.murthy.com/news/ukadvpar.html

Filling Out Form I-94

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/filling_out_i94.xml

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(19 Oct 2005)

Q. What is an overview of what I need to do after my SO arrives in the US?

K1:

Based on what a few others have experienced, I'd recommend getting her SSN, State ID and adding her to your bank account in her unmarried name as soon as possible.

In California, some have only been able to get a State ID issued for the duration of her initial visa. If this isn't the case procede as normal.

Otherwise, after you are married, go ahead and file AOS, if she will take your last name, do the name change on the I-485. Then wait 3-4 weeks and have her name changed on the SSN. But don't do anything with the state ID or Bank account. This will let her use her passport as ID for checking and other things.

When you get married, make sure to get a few certified copies of your marriage certificate. You’ll need one for filing AOS and you might as well have another on hand in case of any issue.

The three AOS forms (I-485, G-325, and I-864) are all that are needed for AOS. The EAD and AP are optional.

You do NOT need to send an I-130. (See the complete list of items needed for each).

As a K-1, she will have to apply for a SSN between 10 ~ 70 days after her arrival. After 70 days or so, she will need an EAD to get an SSN.

Getmarried, file the EAD application with AOS and you should get your EAD in a couple of months. If it is longer than 90 days from the receipt date, you can show up at the local BCIS office and demand a stamp.

You need an EAD stamp or card PLUS and SSN to legally be hired and work. Sometimes you can get the SSN without the EAD on a K-1. Offices seem to apply their own interpretation of the law.

File the EAD application with your I-485 and expect to wait a couple of months to get it. In the meantime, get your SSN.

If you wait too long to apply for the SSN, 75 days or so, they will refuse to issue without and EAD card. This can set a K-1 holder back a couple of months in getting an SSN. A bigger Catch-22 is that SSA seems to require an EAD for children holding K-2 visas as they are NOT eligible for employment as a condition of status.

You can apply for SSN before you are married. But this is a temporary SSN that doesn’t grant work privileges. When you are married and apply for AOS, you can also apply for EAD at the same time. This will give you authorization to work. You must apply for and receive Advanced Parole (AP) in order to go to China and return to the US. A K1 visa is single entry and if you go to China before you are granted AP, you will not be allowed to return to the US without going through the entire visa process all over again-God forbid anyone has to do that.

A K-1 is eligible to work incident to status. That’s why they can get a SSN card issued. The catch is.....an EAD is required to ‘prove’ eligibility to work and unless they get an EAD stamp at the POE, you have to apply for one. It generally takes more than 90 days to apply and receive the 90 EAD so most folks don’t bother. They just file for a one year EAD with their AOS packet.

Technically, her status as a K-1 visa holder is governed by her duration of stay as shown on the I-94. As long as she still has time left on her I-94, she's okay. Once the I-94 duration lapses and before she files for AOS, she technically begins to accrue "unauthorized presence." This is not a big deal provided it doesn't run for more than 180 days. Once she files for AOS, her status changes back to authorized. Under http://www.americanlaw.com/unlawfulmemo1.html "aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

K3:

1) File for AOS and EAD after she comes to the U.S.

2) Once you get the EAD, file for SSN
3) Wait for AOS approval
4) When eligible, apply to “remove conditional status”

CR1:

1. When arriving on CR-1 there is no need to fill out the I-94 card on the plane, or at immigrations, it will be discarded by the POE officer, I-94 is for NON-Immigrants. You will still need to do the customs declaration form.

2. He will still go through the Visitors/Immigrations line at the POE, on later trips He can go through the same line as permanent residents and citizens

3. The officer at the POE will stamp the passport with an I-551 stamp making the passport act as a temporary 1 year green-card. (Allowing work, and re-entry after a trip out of country)

4. Wait a few weeks and then visit SSA to apply for SSN, it takes some time for USCIS to update the system used to verify immigrations status. (You will need Foreign Birth cert, marriage cert, green card or the passport with I-551 stamp, and passport as photo

5. When moving you will file I-865 to update your address as a sponsor, as well as file AR-11 after your husband enters the country to keep USCIS informed of new address. You need to do this every time you move, AR-11 within a week and I-865 within a month. Until your husband naturalize

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(17 Dec 2005)

Q. Issues related to K3?

TRAVELING ABROAD:

Lets pretend that you will fly from Chicago to Beijing on United.
First, you cannot do automated check in, but must check in with the ticket agent. So allow yourself enough time for those lines.

The ticket agent will swipe your passport through a bar code reader, then remove the I-94 paper from your passport. You will then procede as normal with your gate passes, boarding, ect.

When you leave China, it will be just like the first time you came to the States. They will just look at your K3 visa, stamp your passport, and you do the 12 hr back to the states.

When you go through immigration, they will put a new I-94 back in your passport.

Before leaving, we always make 2 photocopies of her passport. We leave one photo copy with a family member in the states, and carry a copy with us. If anything should happen on re-entry, we have evidence of our first and original I-94. I personally would not leave home without a backup.

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(15 Jan 2006)

Q. What happens to this process if a K1 gets married at 91+ days?

Looks like a couple of options:

1) If she wants to stay here, the only slim hope is to get married and find a good immigration attorney. That may or may not work out.
2) If you marry here and she ends up going back to China, you need to file for a spousal visa in order for her to return.
3) If you don't marry, you can always file another fiancee petition. Either of the last two involves another year long process.
4) If she returns to China and her overstay is less than 180 days, there is no *penalty* that would bar her from getting another visa.

More info:

Over 90 Days
http://candleforlove.com/forums/index.php?showtopic=11665

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(27 Nov 2005)

Q. We can get married in the 90 days required, but won’t get to file the AOS by then. Are we ‘out of status’ ?

First, the instructions say that a K-1 fiance(e) is eligible to file if he/she married the US citizen who filed the petition within 90 days. Then the instructions go on and describe those who are not eligible. Among those not eligible are individuals who failed to maintain their non immigrant status (out of status). While this would technically include fiance(e)s who married within 90 days but who are still in the US on an expired visa, the instructions specifically carve out an exception for such people. By doing so, I think the instructions recognize that some K-1ers won't be filing for AOS until after expiration of the 90 days.

If possible, avoid the issue by filing for AOS within the 90 days. If you can't, I don't see a significant problem, but I wouldn't dally too long before I filed.

More info:

K1 holder- do i have enough time?, date to get married is close to 90days

http://candleforlove.com/forums/index.php?showtopic=14533

Suggestions on Filing AOS, should we wait?

http://candleforlove.com/forums/index.php?showtopic=14425

Straight From The Horses Mouth, Info On How To Apply for AOS

http://candleforlove.com/forums/index.php?showtopic=11662

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(8 Nov 2005)

Q. My SO wants to change her name. What do I do ?

I asked this question to my lawyer a few months ago. Basically we can change her last name when we are married, and use her maiden name as her middle name. For the first name, we have to wait until the AOS is done.

At our AOS interview we were asked if we wanted the maiden name changed to married name. therefore, you can file with maiden name and change it on paperwork at interview

You have 3 choices.
1. your last name
2. her maiden name
3. a hyphenated last name (ie Smith-Jones)

Fill out the paper work the way you want her legal name to read. You can try to move her last name to her middle name but the IO may or may not reject it

1. When you go to the Social security office take a certified copy of your marriage certificate along with her passport and visa. 2. Just fill out the application for ssn the way you want her name to read.

3. Next stop DMV. Armed with her social security card, passport and the envelope that the ssn came in go to the DMV and get a state ID card.

4. Next stop the bank. take in the state ID card and social security card and put her on your bank account.

5. Do the same with all of her AOS forms if she is K-1 or K-3.

wheni fill out our I 130 I used our married name GZ change it back to her maiden name however when her green card arrived it was in our married name. herssi card had to be change to our married name.

My wife's green card, SSN and other ID issued in the US has her maiden name as her middle name and my last as her last. That's the way she signed the marriage certificate, too. I suspect that's easier to do if you marry in the US. For those who marry in China, it could be trickier

Last night, we pulled out I-485 and I-129F and compared the two, we found that for I-295F, I put my husband's first name and middle name separately under first name and middle name of course.

Whereas in I-485, we "combined" his first name and middle name and put them under first name section and leave middle name blank (why we did this.... I do not know, I kind of wish we did not do this, my husband was the one said we should have everything be consistent with the Chinese passport... but we forgot to consider we should have everything be consistent with previous application I-129F) That resulted the two A#'s, one A# is for the separated first and middle name, and the other one is for the combined first name...

Yuhui re-entered the US with her AP today. They have everything in the computer at POE, so no worries about AP in married name different from passport with maiden name.

HOWEVER, I suggest your sweetie has another picture ID at the foreign port for the outbound flight back to the U.S, as in our experience the poor UA folks in Paris ( at least one) was kinda

Names did not match ( eff curse ),sooo he went to supervisor... then ask for her DL... and off we went. At the very least bring your marriage license to explain the name thing.

More info:

Filing for AOS, but confused about wife’s last name

http://candleforlove.com/forums/index.php?showtopic=12408&hl=

Change name after arrival in US?, Newbie is curious

http://candleforlove.com/forums/index.php?showtopic=2100

legal name change (CR1 questioning)

http://candleforlove.com/forums/index.php?showtopic=6068

Name Change, She wants a new name

http://candleforlove.com/forums/index.php?showtopic=8670

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(8 July 2006)

Q. My SO’s passport is close to expiring, what do I do?

We learned that there are two methods. One is the process to go through to get a NEW passport, the other process is to obtain a RENEWAL

The renewal is good for five years. We chose this process because we did not have to go to the Consulate but could do everything by mail.

We downloaded the application from the consulate web site. One page, two sided.

We completed the form (the form is in Chinese and English).

We obtained the standard passport pictures and attached them to the form.

We attached a copy of our marriage certificate.

We attached a copy of her green card.

We sent in a money order (or cashier check) for a total of 25 dollars which did two things.

1. They stamped her passport on a new page with the new expiration date in five years.
2. They stamped a separate page which stated that she also uses her married name and listed both her Chinese maiden name and her new married name.

We sent it using priority mail and included a prepaid priority mail return envelope. The process took exactly one week.

This worked very well for travel to chinese using her Chinese name and travel to other countries using her marriage name that matches her driver's license and ssn card.

More Info:

Expired Passport

http://candleforlove.com/forums/index.php?showtopic=7646

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(8 Nov 2005)

Q. Where can I find a Civil Surgeon?

Civil Surgeon Locator:

https://egov.immigration.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

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(8 Nov 2005)

Q. What should I bring to the Civil Surgeon?

1. Passport with I-94 attached

2. Vaccination book or any proof of past vaccinations via blood test results

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(8 Nov 2005)

Q. Vaccinations?

K1 does not require vaccinations prior to arrival in the US.

K-3 visa are considered non immigrant visas and don't require vaccinations. This differs from immigrant visas like the CR-1/IR-1 visas which do require the vaccinations.

The vaccinations in China are not included at the medical exam, it's an additional cost. For those who do get vaccinated in China you have to get the vaccination booklet to prove that you had the shots. Once you get to the US the Civil Surgeon will give the additional booster shot to complete the requirement. The medical staff in China will tell you that. You need a couple of months before the taking the booster shot so not all the vaccinations can be done in one sitting. Most SOs will not stay in China that long for the follow-up shot! For those who will get the shots here in the US by the Civil Surgeon, not all insurances will cover this. This is why most people have the majority of the shots done in China.

If you look at the Technical instructions, there is a table showing what is required by age. For most SOs:
1) Tetanus - either via your doctor or CS, or from China prior to arrival in US.
2) MMR - either via your doctor or CS, or from China prior to arrival in US; some CSs want both courses done. Second course must be at least 28 days later than first.
3) Varciella (chicken pox) - If she has had this, but you have no proof, the CS might accept the scar on her arm, or request a blood test to prove it.

The trick is going to be finding/convincing a CS you only need the vaccination supplement and not a physical. You might have to call a few before you find one.

Some [K#s] get the vaccination shots in china since they are cheaper to do. Just make sure you get the international yellow book of vaccinations and that some english identification is made as to the vaccination.

Seems the follow methods have been used and results vary by location:

1) Get shots prior to Civil Surgeon visit (whether in China or family doctor). Visit CS and see if they will fill out and sign the I-693.

2) Go to Civil Surgeon knowing that they might state the need for something, but you believe you can convince the CS your SO has had it. Only delay will be if he requires second course of MMR or a blood test to prove your SO has the varciella vaccination. Worst case is that Civil Surgeon requires some shot and you must decide to get it then or from your family doctor; You can have the outcome of any shots or tests sent, so that you don’t unnecessarily delay your second trip for pickup.

Some have reported the CS to accept the scar on the SOs shoulder (or just her word); and some report that the second MMR was not asked for by the CS; Others have required blood tests and a second MMR course.

See CFL FAQ P4 document for further information on vaccinations and getting them in China prior to coming to the US

More info:

Technical Instructions to Civil Surgeons

http://www.cdc.gov/ncidod/dq/civil.htm

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(19 Oct 2005)

Q. Is a physical required for the AOS filing?

I-485 instruction sheet:

“If you are a K-1 fiancee or K-2 dependent who had a medical examination within the past year as required for

the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical

report. You may include the vaccination supplement with your adjustment of status application.”

I-693 FAQ:

“If you were admitted to the United States as a fiance(e) (K-1), child of a fiance(e) (K-2), Spouse of a U.S. citizen (K-3), or child of K-3 (K-4), and received a medical examination prior to admission, then you do not require another medical examination as long as your application for adjustment of status (Form I-485) is filed within one year of your overseas medical examination. You will, however, be required to submit a vaccination supplement with our adjustment of status application. The vaccination supplement must be completed by a designated civil surgeon.”

Just let them know that you DO NOT NEED a physical because you are NOT SUBMITTING A PHYSICAL with the [I-485] paperwork!! You only need to submit a VACCINATION SUPPLEMENT.

More info:

I-693 FAQ:

http://uscis.gov/graphics/i-693faq.htm

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(8 Nov 2005)

Q. What should I get from a civil surgeon?

Technical Instructions to Civil Surgeons

“After the civil surgeon administers any needed vaccines, he or she must complete Supplemental Form To I-693, Vaccination Record, and for adjustment of status applicants, also complete Form I-693, Medical Examination Report, and give the documents to the applicant in a sealed envelope, which the applicant will present to the BCIS.

A copy of the completed Supplemental Form To I-693 must also be provided to the applicant for his or her personal records. “

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(19 Oct 2005)

Q. Is the vaccination supplement I-693 required with the AOS paperwork?

I received an email last Friday of a RFE and this was the reason stated today in the letter.

However the good thing is now I have an official form that is checked stating a "vaccination supp I-693 is needed" the other blank spot is for a "I-693 medical exam”…

I-693 FAQ:

"You will, however, be required to submit a vaccination supplement with our adjustment of status application."

More info:

I-693 Supplemental Form:

http://www.cdc.gov/NCIDOD/DQ/pdf/ti-03/appdx-a_693vacc.pdf

[editor: Some have reported in the past, not including the I-693 in the application and only needing it for the interview. Based on more recent filings and RFEs at both CFL and VJ, the conservative answer here is to include it]

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(1 Dec 2005)

Q. My wife is pregnant. What do we do about the civil surgeon appointment?

We received a RFE for I-693 Vaccination Supplement after her AOS was transfered to CSC. She is pregnant and due in early March but we must respond with the Vaccination Supplement by February 20.

[My wife] was pregnant at her AOS interview. She had OB Dr. write a letter to Civil Surgeon and it was waived. At the interview no questions were asked for I-693.

Yes, get the OBS to write a statement that she is in fact pregnant. This will exempt her from ALL of the live vaccines (and possibly the rest of them)! The civil surgeon should fill out the I-693 saying the vaccines are not indicated or appropriate.

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(8 Nov 2005)

Q. My parents are joint sponsors. Do they fill out I-864 or I-864a ?

It is important to differentiate between household members and joint sponsors.   To meet the 125 percent income requirement, a petitioner may count his/her income and assets and/and the income and assets of household

members (as defined in Paras 20 and 25)  in the same Affidavit of Support.    As long as the household members are included in the same Affidavit of Support and have signed Form I-864a (see Para 21), they are not considered  joint sponsors. Anyone outside the household, as defined by the act, must submit a separate Affidavit of Support and will be considered separately as

a joint sponsor.   Joint sponsors may similarly include the income and  assets of their own qualified household members to meet the income requirement.

If the income or assets of a household member are to be used to meet the 125 percent minimum income requirement, that household member must/must sign an I-864A, which is a contract between the sponsor and the household  member.  By signing the I-864a the household member agrees to make his or her income and/or assets available to the sponsor to help support the immigrant(s) for whom the sponsor has filed an Affidavit of Support.

A "household member" generally is someone who has been living in your residence for at least the last 6 months who is related to you by birth, marriage, or adoption, or is a dependent for income tax purposes. Your household size (and poverty threshold) is determined, in part, with reference to your household members.

A "sponsored immigrant", your spouse in this case, is the person for whom you must file the I-864. A sponsored immigrant may also meet the definition of a household member.

If you are going to use the assets/income of your husband, just do it. If you need the assets/income of another household member, do the I-184A. If you need the assets/income of someone who is not a household member, do another I-864 as joint sponsor.

More info:

DOS Rule on Affidavits of Support: Guidance on Reading and Evaluating I-864

http://www.americanlaw.com/affidavitrule2.html

Some questions, on I-864

http://candleforlove.com/forums/index.php?showtopic=13289

I-864 form:

http://uscis.gov/graphics/formsfee/forms/i-864.htm

I-864 form:

http://uscis.gov/graphics/formsfee/forms/i-864a.htm

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(8 Nov 2005)

Q. I-864 and Poverty level issues?

9 FAM 40.41 Procedural Notes:

For the purpose of determining visa ineligibility under INA 212(a)(4), the term "public charge" means that an alien, after admission into the United States, is likely to become primarily dependent on the U.S. Government for subsistence.

This legally enforceable affidavit is a result of immigration reform legislation. Now that the foreign national spouse has indicated an intention to remain here permanently, the US wants to make sure the new immigrant does not become a burden on society.

The financial responsibility for this guarantee lies on those who sign the I-864 affidavit, and lasts until the sponsored immigrant becomes a naturalized US citizen or can be credited for 40 quarters of work. Whoever signs the affidavit must also inform the INS when they move, using form I-865, Sponsors Change of Address, after the immigrant gets approval of Adjustment of Status.

If you do not meet the guidelines for income level (125% of poverty level) you will need a joint sponsor who does meet the guidelines. The US Citizen’s spouse must submit an I-864, and the joint sponsor will also submit an I-864. If the joint sponsor is a member of your household, they will submit an I-864a "Contract between Sponsor and Household Member". Any joint sponsors must be domiciled in the United States, territories or possessions, and must be a Citizen or Permanent Resident.

It is worth nothing that some local INS offices will accept an incomplete affidavit of support with the initial AOS package, but will require the completed affidavit at the AOS interview. The only way to know is to contact the local office and ask.

The line for gross (total) income on IRS Forms 1040 (line 22 in 1996) and 1040A (line 14 in 1996) is used to determine income. The line for adjusted gross income is used for persons filing IRS Form 1040 EZ (line 4 in 1996).

FY 2007

Sponsors Household size - 125% of poverty line
2 - $17,113
3 - $21,463
4 - $25,813
and so forth..... Hawaii and Alaska are more.

If you do not meet the 125% over poverty line, then you must have a joint sponsor to fill out an affidavit of support.

A.1.15.5

Poverty Income Guide (2007 Numbers)

http://foia.state.gov/masterdocs/09fam/0940041X1.pdf

9 FAM 40.41 Notes:

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

Affidavit of Support: I-134 & I-864

http://www.visajourney.com/forums/index.php?autocom=custom&page=support

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm

1-864 Check List:

http://travel.state.gov/visa/immigrants/info/info_1329.html

I-864 FAQ:

http://travel.state.gov/visa/immigrants/info/info_1328.html

How do I file an Affidavit of support for a relative?

http://uscis.gov/graphics/howdoi/affsupp.htm

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(8 Nov 2005)

Q. Where can I get sample forms?

USCIS:

http://uscis.gov/graphics/formsfee/forms/index.htm

http://uscis.gov/graphics/fieldoffices/scnational/index.htm

VisaPro Fillable Forms:

http://www.visapro.com/INS-Forms-Download.asp

Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=downloads

Samples on Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=examples

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(8 Nov 2005)

Q. What fees can be expected?

CIVIL SURGEON:

Vaccinations and I-693: $50-$500 , depends on number of persons getting shots and what Civil Surgeon requires

AOS
I-485... Application to Register Permanent Residence or to Adjust Status. $325 \1\

\1\ $225 for an applicant under the age of 14 years (a $10 increase from the current $215).

Biometric and Fingerprint

Fee… $70

AP
I-131... Application for Travel Document...... $170

EAD
I-765... Application for Employment Authorization. $180

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===================================================================
===================================================================
===================================================================

Section two: Questions related to SSN

===================================================================

Q. How can I get a SSN number?

Q. What are some Visa type specific comments?

Q.For CR1, I checked the DS-230 part II box for a SSN, but never received it?

Q. Is a SSN required for filing AOS ?

Q. Is the SSN required for getting married?

Q. We have a SSN card with a stamp “Not authorized to work”, but the work status has changed with AOS ?

Q. Can someone explain the SSN cards that are possible to get ?

Q. Where can I get additional Information?

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(2 Nov 2005)

Q How can I get a SSN number?

To Apply for a Social Security Number--

Download the form to apply for a Social Security card; or
Visit any Social Security office to apply for a number; and
Provide original documents showing your age, identity and lawful alien status (including your permission to work in the U.S.).

Age: We must see proof of your age. We prefer to see your birth certificate, if you have it or can easily obtain it. If you cannot, we may also accept other documents as proof of your age, such as your immigration document from the Department of Homeland Security.

Identity: We must see a document in the name that will be shown on your Social Security card. The identity document must have been recently issued so that we can determine your continued existence. We prefer to see a document with a photograph of you. However, we may generally accept a non-photo identity document if it has enough information to identify you (e.g., your name as well as your age, date of birth, or parents' names). We cannot accept a birth certificate as evidence of identity. Some documents that we may accept are:

Passport

Driver's license
Health Insurance card
Employer ID card
School ID card

Alien Status: We need to see the document issued to you by the Department of Homeland Security (DHS) when you arrived in the United States, such as the I-94 showing "K-1," or an employment authorization card issued to you by the DHS. The document must be current and not be expired.

All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies of documents. We need original documents or copies certified by the custodian of the record. Notarized copies are also not acceptable.

More info:

Social Security FAQ:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=576

Social Security Office Locator

https://s044a90.ssa.gov/apps6z/FOLO/fo001.jsp

Application for a Social Security Card: SS-5 form
http://www.ssa.gov/online/ss-5.pdf

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(2 Nov 2005)

Q. What are some Visa type specific comments?

So, here's what to do to get the number...it's really easy.

1. K-1 Visas: Get your loved one here. Get married. Go to the local SSA office before the 90 days expire. Take his/her passport, marriage cert, birth cert (if you have - but no big deal if you don't), and your ID (passport, DL, SSN card). They will look up the A number. If in the system, the SSN will be issued. Don't wait until the last day the I-94 expires. Give it at least a couple of weeks. If it expires before the SSN is issued, the SSA will begin a fraud investigation.

2. K-2 Visas: No SSN will be issued without the Authorization to Work by the BCIS. When issued, bring all the ID noted above to obtain the SSN.

3. K-3 Visas: I don't pretend to know it all, but here's what's important. K-3 visa petitioners complete Parts I and II of the DS-230 (K-1ers only do Part I, so we can't request the SSN). On the last page, you can request the SSN. Say YES that you want it. You should have it in the mail approximately one month after their arrival. If not, they should be in the system when you go to the local SSA office. The same IDs will be needed. If you screw up and forget to request the SSN, you can still go to the local SSA office and provide the docs mentioned in the K-1 Visa section.

As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to show this to the SSA agency to be eligible to receive a SSN.

K1:

K-1 IS authorized to work incident to the class of visa and SSA will issue a card without the EAD or green card. It's just a matter of finding someone in the office who realizes that. The card will be issued with a condition: "Valid for work only with INS authorization". To go to work, however, the EAD or green card is needed to 'prove' you are eligible to work.

Posts have indicated that a K-1 visa holder can get the Social Security card within the first 70 days of the visa's validity. After that, SSA won't issue the card because it's too close to the K-1 visa's expiration. If you wait until past this 70 day deadline, the K-1 visa holder will need to get and EAD before the SSA will issue the card.

K2:

SSN has this notion that K-2s need an EAD before they will issue the SSN card. EAD does NOT require a job offer - just fill out the form and pay the fee. It may take a month or two to get the EAD, but that's the ticket to an SSN for the child. When the EAD expires, no need to renew it; they should have their green card by the time they will be going to work.

A friend of mine had to get an EAD for his 11 year old daughter before she could an SSN.

I have a 10 year old step-daughter. After she received her green card I took her to SS office and she received her SS card in about 3 weeks without any problems.

If your K-2 child needs a SSN before receiving the green card then you must file for an EAD. If the K-2 child does not need a SSN then wait for the green card.

your daughter, as K-2er cannot get an SSN unless she either has an EAD first or unless she becomes a LPR. Again, the question is whether she will need a SSN for some reason before she becomes an LPR.

K3:

K-3 is NOT authorized to work until they get an EAD or green card. So, SSA won't issue a card without one of those documents.

CR1:

The officer only needed to see his passport with the visa stamp, and the SSN form.

She said that because his name was already on the computer, the process would be very simple. She said they would send the SS card 7-10 later to our house, and gave him a receipt showing that he had applied.

I asked if he could work, and she said that he would have to wait until he got the card, because he needed a number in order to work. Other than that, he doesn't have to do anything (no EAD, etc.) because CR-1 visas area already authorized to work.

Got the Green Cards and their names were wrong on them also but still filed for SSN number because the lady there said they have to go by the name on the green card. But I have to go to a district office to change the names on the green card and then back to SSN to change the names.

A legal permanent resident (green card holder) doesn't need an EAD to work legally in the US, but an LPR will still need an SSN to work. The SSN card is likely to be the same type of card a USC gets (no legend saying "VALID FOR WORK ONLY WITH DHS AUTHORIZATION").

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(2 Nov 2005)

Q. For CR1, I checked the DS-230 part II box for a SSN, but never received it?

My wife came on a CR1 Visa. When we filed the DS-230 Part II, we checked off the two boxes to request a SS card. Her green card came in 14 days, but after waiting over a month, she never received her SS card. We went to the local Social Security Office and they checked the computer and nothing was ever done, so she applied in the local office and has received her number. I just wanted to give other CR-1 applicants a heads-up not to count on receiving the SS card just because you checked the box on the DS-230. Maybe it would be a better idea to immediately go to your local SS office and apply there.

Actually when we processed through LAX as a CR-1 we were told DESPITE electing so on the DS-230 we would have to go to a SSA office ourselves anyway. (Note: this *MAY BE* special circumstances for anyone serviced by the SSA in the Clark County ( Las Vegas) area and Long Island. They are required to appear IN PERSON due to high fraud rates in these two locations.

It seems that the checkbox on the DS-230 for an SSN is mainly for immigrants applying for a work visa and not a family-based visa. So to all applying for the family-based immigrant visa, don't put any faith in that checkbox. Instead, go immediately to your local SSA office and inquire and/or apply.

We had the same problem. It never arrived after we ticked the box. But the guy at the local SSA was very helpful and after we applied, we had it in a couple weeks.

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(2 Nov 2005)

Q. Is a SSN required for filing AOS ?

A social security number isn't required to file AOS. You only need the alien registration number and the eight-digit red number on the visa.

You can get SSN before being married and you definitely can file for AOS before SSN.

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(2 Nov 2005)

Q. Is the SSN required for getting married?

NO. You can get married without a SSN.

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(19 Oct 2005)

Q. Is the SSN needed for health insurance benefits?

Most health insurance will let you use all nines for an SSN-999-99-9999. If you need the SSN you will have to apply for an EAD. Then SSA will give you a SSN

There have been several posts that have commented on the SSA position that only the K-1 holder and not the K-2 holder is entitled to an SSN without an EAD. I know it doesn't make sense, but that's been SSA's consistent position. Double check with your insurance company. Mine ( Aetna) let me add the family to my policy by using 000-00-0000 until the actual numbers came in.

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(2 Nov 2005)

Q. We have a SSN card with a stamp “Not authorized to work”, but the work status has changed with AOS ?

Social Security FAQ:

If you are now a U.S. citizen or if the Department of Homeland Security (DHS) has granted you a change in status which changes your work status in the U.S., you need to apply for a replacement card. Your replacement card will have the same number as your current card.

The SS card is not needed to work, but what concerns me is whether there will be appropriate credit to your SS history if the SSA's records show you as having a card that is not valid for employment.

In order for your K-1 applicant to work, she needs an EAD card, or a SSN card without the "Not Valid For Employment" stamp. But in order to get the normal SSN card, you must have the EAD card first (at least that's what we were told in Calif). If you apply for the SSN card first, you will get the "Not Valid For Employment" stamp SSN card, which does not allow you to work. And since the EAD card is only good for a year, you must reapply for the normal SSN card and be able to submit it to your employer BEFORE the expiration date of your EAD card, or you have to apply for an extension to your EAD card which I believe is somewhat costly. So it's entirely up to you as to how you want to proceed.

There are pros and cons to both methods. In some instances you can use the "Not Valid For Employment" SSN card for identification, such as opening a checking account, tax purposes, etc. However, for tax purposes you can also request a Taxpayer Identification Number which you will need if your wife (or K-2 minor under 15-1/2) does not have a SSN. But the EAD card is also great for ID as it has a photo on it as well, and it does allow her to work (the I-9 requirement is the EAD card and a current passport) as soon as she receives it, even though you must apply for the normal SSN card as soon possible afterwards in order to receive it before the EAD expires.

Code of Federal Regulations on Social Security Number:

Restrictive legend change defined. Based on a person's immigration status, a restrictive legend may appear on the face of an SSN card to indicate that work is either not authorized or that work may be performed only with Department of Homeland Security (DHS) authorization. This restrictive legend appears on the card above the individual's name and SSN. Individuals without work authorization in the U.S. receive SSN cards showing the restrictive legend, "Not Valid for Employment;" and SSN cards for those individuals who have temporary work authorization in the U.S. show the restrictive legend, "Valid For Work Only With DHS Authorization." U.S. citizens and individuals who are permanent residents receive SSN cards without a restrictive legend. For the purpose of determining a change in restrictive legend, the individual must have a change in immigration status or citizenship which results in a change to or the removal of a restrictive legend when compared to the prior SSN card data. An SSN card request based upon a change in immigration status or citizenship which does not affect the restrictive legend will count toward the yearly and lifetime limits, as in the case of Permanent Resident Aliens who attain U.S. citizenship

More Info:

SSN Online:

http://localhost/CMV%20Decoder/CMV_Decoder.asp

SSN and EAD, for K-1 holder

http://candleforlove.com/forums/index.php?showtopic=8206

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(2 Nov 2005)

Q. Can someone explain the SSN cards that are possible to get ?

Some info on SSN: Federal Register 68, No. 168 September 25, 2003

In September of 2003, the Social Security Administration (SSA) codified the types, reasons for issuance, eligibility requirements, of an individual Social Security Number (SSN).

There are three types of Social Security Numbers:

a) Unrestricted SSN assigned to U.S. Citizens and Legal Permanent Residents / "green card" holders (residing in the U.S. according to US CIS (USCIS) rules).
B ) Limited SSN bears the legend, "VALID FOR WORK ONLY WITH AUTHORIZATION." SSA issues this type of SSN to foreign nationals who are lawfully admitted to the U.S. on a temporary basis and have permission to work.

c) The "nonwork" SSN bears the legend, "NOT VALID FOR EMPLOYMENT," issued to foreign nationals without US CIS (BCIS/INS) work authorization, but have a valid nonwork need for an SSN.

It says employment authorized because you are K-1. K-3 does not get this on there I-94 card..

More info:

SSN, should have done AOS first or SSN?
http://candleforlove.com/forums/index.php?showtopic=8710

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(18 Oct 2006)

Q. Social Security cannot verify my SOs name with USCIS?

Social Security unable to verify status with USCIS

http://candleforlove.com/forums/index.php?showtopic=20924

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(2 Nov 2005)

Q. Where can I get additional Information?

Visa Journey and SSN

http://www.visajourney.com/forums/index.php?autocom=custom&page=ssn

SSA Policies on K-1 SSN, What SSA Says About It.

http://candleforlove.com/forums/index.php?showtopic=10720

SSN Online, K1 and SSN:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=576

SSN Memo:

http://www.k1k3.com/stuff/SSNMemo.pdf

Social Security and Taxpayer ID Requirements for Aliens

http://www.twmlaw.com/resources/general28cont.htm

Information about obtaining a Social Security Number

http://www.kamya.com/ssn/

===================================================================

Q. Issues related to I-485

Q. Issues related to I-864

Q. Issues related to G-325a

Q. Issues related to K4 filing

Q. How do I put together the package for AOS?

Q. Can I file AOS paperwork jointly for the two children? Or must it be done separately for each child?

Q. Where do I mail the AOS Package ?

Q. How do I check my AOS case ?

Q. How should change of address be done?

Q. Will I need to file an extension for the AOS status?

Q. What happens if her K3 visa expires?

Q. What is the ASC code for?

Q. What is the difference between the fingerprints and biometrics?

Q. I heard that some are getting AOS approval without an interview?

Q. How long should we expect to wait for our AOS interview?

Q Is the USC required to attend the AOS interview?

Q. What should be brought to the AOS interview?

Q. What will occur at the AOS interview?

Q. Any issues that arose during the AOS interview?

Q. My AOS interview is coming up on our 2 year anniversary, what card will we receive?

Q. We just found out we have two “A” numbers (alien registration numbers). How did that happen?

Q. Can I travel out of the US while the AOS is pending ?

------------------------------------------------------------------------------------------------------------
(17 May 2006)

Q. Issues related to I-485

I-485 Instruction Sheet:

This form is used by a person who is in the United States to apply to the U.S. Citizenship and Immigration Services

(USCIS), to adjust to permanent resident status or register for permanent residence.

This time around your wife [Chinese national] is the applicant not you [USC]. You [USC] are only providing the affidavit of support (I-864). The Chinese national signs the I-485 and any other applicable document (ie: G-325a)

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

Number of Pages: 11

Edition Date: 4/1/06. 10/26/05, 4/22/05 versions also accepted.

Fee: $325 plus $70 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225 with no biometric services fee. If you are 79 years of age or older, the fee is $325 with no biometrics services fee.

More info:

I-485

http://www.uscis.gov/graphics/formsfee/forms/i-485.htm

[Editor: The petition and package is from the Chinese national. The instructions for what is needed should be understood as applying to them (ie: G-325a, birth certificate, pictures, etc). Please check the fee schedule for the most recent fees. ]

------------------------------------------------------------------------------------------------------------
(17 May 2006)

Q. Issues related to I-864

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

Number of pages: 10

Edition date: 11/05/01. 9/26/00, 1/21/98 also acceptable

Fee: None

Notes:

To show that an intending immigrant has adequate means of financial support and is not likely to become a public charge.

This form must be signed before a notary public or a Consular or Immigration Officer.

More info:

I-864

http://www.uscis.gov/graphics/formsfee/forms/i-864.htm

[Editor: Please check the fee schedule for the most recent fees]

------------------------------------------------------------------------------------------------------------
(17 May 2006)

Q. Issues related to I-864a

I-864a, Contract Between Sponsor and Household Member

Number of pages: 3

Edition date: 11/05/01. 10/11/00, 1/21/98 also acceptable

Fee: None

Notes:

This contract is intended to benefit the sponsored immigrant(s) and any agency of the Federal Government, any agency of a State or local government, or any private entity to which the sponsor has an obligation under the affidavit of support to reimburse for benefits granted to the sponsored immigrant. This contract may be enforced in any court with appropriate jurisdiction.

By signing this form, a household member who is not a sponsored immigrant, agrees to make his or her income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an affidavit of support.

Special Instructions:

In terms of tax returns, you are only required to submit a photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

More info:

I-864a

http://www.uscis.gov/graphics/formsfee/forms/i-864a.htm

[Editor: Please check the fee schedule for the most recent fees]

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(17 May 2006)

Q. Issues related to G-325a

Supply four copies. If using Visapro supplied document, you only need to fill in the first form and the other three will auto-fill. Chinese National to SIGN ALL FOUR !

G-325a, Biographic information

Number of Pages: 1, in quadruplicate. Total printed pages ; 4

Edition Date: 5/31/05. Prior editions are accepted only through 12/31/05.

Fee: NONE

More info:

G-325a

http://www.uscis.gov/graphics/formsfee/forms/g-325a.htm

[Editor: Please check the fee schedule for the most recent fees]

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(10 Dec 2005)

Q. Issues related to K4 filing

you will need either the green card or the EAD in order to get a Social security card.

For taxes, you can apply for a TIN for them when you file so you can claim them as dependents.

we filed two separate AOS packages for them [two children].

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(27 Nov 2005)

Q. How do I put together the package for AOS?

Generic Assembly Order for I-485:

Fee payment

Form G-28, if applicable

Form I-485 with two photos attached

Form I-485 Supplement, if applicable

Form I-864, if applicable

Form I-131 and/or form I-765

G-325A

Other evidence

Supporting documentation

Some general instructions:

1. Mark both the envelope and the cover letter as to the nature of the submission.

2. Mark both the envelope and the cover letter as to the form type.

3. Provide both the receipt notice number and the A-Number as an identifier, if they are available.

4. Do not use binders or folders that cannot be easily disassembled.

5. Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
6. The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
7. Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
8. Place the check on top of the application, securely fastened in the upper left corner. If more than one application is filed, submit a separate check for each. This will avoid the necessity of returning ALL applications should just one be found to be unacceptable. Place all the checks on the top application.

9. Make check Payable to: "Department of Homeland Security"

10. Attach passport photos to the relevant application, but do not staple since damage might occur to the picture.

Sample package:

1. I-485 Fee and Fingerprint/biometric Fee (attached to top of application)

2. Cover Letter (see below link for examples)

3. Completed I-485 and signed by Chinese national (see instruction sheet)

4. Two (2) passport photographs attached to I-485 (Chinese national)

5. Completed Form I-864 Affidavit of Support, signed by USC and notarized. (see instruction sheet)

6. Copies of three years of tax returns (or tax transcripts) and W2s for I-864 (USC)

7. Copies of Recent Pay stubs or employment letter (USC)
8. Form G-325A signed by Chinese National.

9. Copy of Birth Certificate with English translation (Chinese national)
10. Copy of passport page with nonimmigrant visa (Chinese national)

11. Certified copy of marriage certificate
12. Copy of Petition approval notice, I-797.
13. Copy of I-94, both sides (Chinese national)
14. Vaccination supplement I-693 in a sealed envelope, completed by Civil Surgeon

Fees:

Please assemble all fee payments on the top of each and every case, whether or not the case is filed with one fee payment or multiple fee payments. When multiple applications are simultaneously filed (such as an I-485, I-765, I-131, and I-824) place all checks together on the top left of the I-485.

The Service Center will accept money orders, personal checks, and cashiers checks for payment of fees. The Service Center cannot deposit cash or travelers checks. Be sure checks are signed and correctly dated. Post-dated checks are acceptable as long as the date on the check is no more than 5 days in advance of the date the check is received.

$325 plus $70 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225 with no biometric services fee. If you are 79 years of age or older, the fee is $325 with no biometrics services fee.

[ Biometric fee: The biometric fee is not included with I-485 as it can be done either with the applicant in America or at the consulate level in the case of a CR Type visa. The fee is paid to either USCIS if the applicant is in America or to the consulate if the applicant is their native country. It makes it easier to not include the biometrics fee with the base fee. ]

Receipt:

After filing your application and paying your fees, you will receive a receipt number. These receipt numbers are very important. Please use these numbers whenever you write to us about your case, and whenever you contact us to find out about the status of your case.

If your receipt says to make an appointment for biometrics, do it right away.
P.S. Our case didn't show up on the USCIS website until after the biometrics were done - almost 2 months after the receipt notice!

More Info:

AOS Cover Letter, Couldn't find one, so here's my draft

http://candleforlove.com/forums/index.php?showtopic=13374

Eric's Famous AOS Filing List

http://candleforlove.com/forums/index.php?showtopic=3980&hl=

I-485 Info:

http://uscis.gov/graphics/formsfee/forms/i-485.htm

USCIS Assembly Instructions:

http://uscis.gov/graphics/fieldoffices/scnational/index.htm

(see assembling the package and general tips)

National Benefits Center FAQ:

http://uscis.gov/graphics/fieldoffices/nbc/faq.htm

G-325a form:

http://uscis.gov/graphics/formsfee/forms/g-325a.htm

I-485 form:

http://uscis.gov/graphics/formsfee/forms/i-485.htm

VisaPro Fillable Forms:

http://www.visapro.com/INS-Forms-Download.asp

Samples on Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=examples

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(5 Dec 2005)

Q. Can I file AOS paperwork jointly for the two children? Or must it be done separately for each child?

I'm about 99% sure that you will need to file everything seperatley for them.

[wife] has two kids, and we filed two separate AOS packages for them.

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(14 Jul 2006)

Q. Where do I mail the AOS Package ?

You will need to mail your application to:

U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

Or, for non-United States Postal Service (USPS) deliveries (e.g. private couriers)

U.S. Citizenship and Immigration Services
Attn: FBASI
427 S. LaSalle 3rd Floor
Chicago, IL 60605-1098

The mail receiving station for the National Benefits Center, located in Lees Summit MO, is a lockbox facility in Chicago. The mail is opened in Chicago, applications are screened for completeness (nothing obviously missing), and then sent on to Lees Summit for processing.

I-765 will be processed to completion at the NBC. I-485 will receive some processing and then will be sent for completion to either the appropriate District Office for interview or to the California Service Center if it's felt that an interview may not be required.

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(27 Nov 2005)

Q. How do I check my AOS case ?

After receiving your I-797 receipt notice of the I-485, Call the NCSC, 1-800-375-5283 and press 1-2-3 to get the appointment clerk. They will set the appointment up for you.
Go to the appointment with documents called for including the receipt notice. After fingerprinting is done, the IO will stamp the receipt notice and hand it back to you. You will receive nothing else until you receive the I-797C appointment notice for I-485 interview.

USCIS online case status:

https://egov.immigration.gov/cris/jsps/index.jsp

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(27 Nov 2005)

Q. How should change of address be done?

File form AR-11, see address on form for mailing and contact NBC at 1-800-375-5283.

First, the foreign spouse should notify the USCIS office (where the case is being handled) of the address change, using form AR-11 or by sending them a certified letter with the information, including your "A" number.

Second, the US spouse (who is the sponsor for the I-864 affidavit) notifies USCIS of a "sponsors change of address" using form I-865 (or a certified letter) sent to the Service Center in which district you will be residing. ( Note: The I-865 address change is not actually required prior to the Adjustment of Status being approved, as the I-864 is not enforceable until then).

We moved about two weeks after filing the I-485. When I called the 1-800 number to schedule an appointment for biometrics/fingerprints at the ASC ( Application Support Center), I gave our new address to the lady who (I hope) made the proper corrections and updated the address. I think you can also use the mails to notify CIS of address changes for applications, etc.

Unless you are the applicant calling, CIS won't enter the updated information over the phone. My wife does not speak great English, so I called. The lady spoke to [my wife] for a minute, asked her her name and then talked to me to get the new address.

Also, don't forget to file the AR-11 which notifies the CIS of your change in address. Filing this form, however, will NOT change the mailing address for your applications,

The completed form should be mailed to:

U.S Department of Homeland Security

Bureau of Citizenship and Immigration

Change of Address

PO Box 7134

London, KY 40742-7134

For commercial overnight or fast freight services, only:

U.S Department of Homeland Security

Bureau of Citizenship and Immigration

Change of Address

1084-I South Laurel Road

London, KY 40744

more info:

How Do I Report a Change of Address to the USCIS?

http://uscis.gov/graphics/howdoi/address.htm

AR-11 Form:

http://uscis.gov/graphics/formsfee/forms/ar-11.htm

Instructions for AR-11:

http://www.simmonsungar.com/news/AR-11.pdf#search='ar11%20instructions'

I-865 Form:

http://uscis.gov/graphics/formsfee/forms/i-865.htm

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(27 Nov 2005)

Q. Will I need to file an extension for the AOS status?

As long as AOS is filed, there's nothing to do. It does not time out. Until the AOS is approved, she is "Pending Status" and needs an EAD to work and an AP to travel out of the US.

When you get the receipt notice from CIS pertaining to the I-485, your wife is okay. She will be in a "pending status" until interview time, thereby having lawful presence.

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(27 Nov 2005)

Q. What happens if her K3 visa expires?

From the Federal Register:

37. According to the INS rule, the alien spouse of a U.S. citizen and a child of that spouse who are already in the
United States may have the U.S. citizen file an I-130 petition on their behalf with INS; the alien spouse and
his/her child may then file with INS for an adjustment of status to LPR. While either of these are pending, the
alien spouse and his/her child may remain in the United States without accruing unlawful presence, and they may also obtain work authorization and permission to travel outside the U.S., and they may continue to do so without K3/K4 status or visa.

From INS memo:

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

The K3/K4 status does not change *because* an AOS application has been filed. The K3/K4 status expires on its own, generally after two years. However, after the K3/K4 status has expired, but prior to gaining approval for permanent residency, the status will be a "period of stay authorized by the Attorney General", based on being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application.

More info:

If K-3 visa expired..., what happens next... how to renew...

http://candleforlove.com/forums/index.php?showtopic=7542&hl=

INS Memo on unlawful presence

http://www.americanlaw.com/unlawfulmemo1.html

State Department Cable (on Federal Register)
http://www.immigrationlinks.com/news/news1125.htm

Federal Register:
http://www.nallaseth.com/documents/NewK1Rules.htm

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(27 Nov 2005)

Q. What is the ASC code for?

A. When you call to make your biometric appointment, they will ask you for the ASC code on the I-797.

The ASC code:
1 for fingerprint
2 for photo
3 for both

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(27 Nov 2005)

Q. What is the difference between the fingerprints and biometrics?

We received our receipt notices for AOS and EAD. These notices of course said to call and make an appointment for his biometrics….

I thought Biometrics and Fingerprints were one in the same, but Biometrics is a digital photograph.

When we did the biometrics thing it was electronic fingerprints and a picture. Both are the same under the category of biometrics-meaning life measurement.

We just called and were told that we had to wait. I was told that I had to follow the instructions of the form, which was to wait.

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(27 Nov 2005)

Q. Our NOA1 stated that"USCIS will schedule your biometrics appointment”, but I have not heard anything?

You have your I-797C receipt notice.
Call the NCSC toll free number, 1 (800) 375-5283 and press 1-2-3. The 1 is for English. This will put you in touch with the USCIS appointment schedulers. With the Application Support Center (ASC) code number off your receipt notice, they will schedule an appointment for you.

Your I-485 appointment will be held at your local USCIS field office that has jurisdiction of your residence. In many cases, they have been mailing the greencard lately without an interview.

We got a similar notice and waited a month and nothing happened. I think what they meant to say was they will schedule an appointment for you AFTER you call them and ask for it.

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(19 Feb 2006)

Q. I heard that some are getting AOS approval without an interview?

Yes. See below link.

CFL AOS I-485 approved without interview, reference master list

http://candleforlove.com/forums/index.php?showtopic=14871

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(27 Nov 2005)

Q. How long should we expect to wait for our AOS interview?

It really sucks that there is so much disparity in processing times for the different regional service centers. While I am very happy that I live in Portland where the process is very fast I don't understand why Atlanta and others are so slow.

When they said in their letter to us, received in June 2003, to expect a wait of up to 36 months, looks like they weren't kidding. If that's the case, after 18 months of waiting for an AOS interview, we are only halfway there!

We filed the AOS papers on Sept 2003. Our initial AOS interview was in March 2004. My wife failed the interview because we didn't have an interpreter. So it took another 7 months to get the AOS interview.

We are at 18-plus months since filing AOS and not a peep out of anyone.

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(19 Feb 2006)

Q. AOS interview prior to the biometric?

During AOS Interview:

Did you get a letter to do biometrics? [no]
OK - go downstairs and have them done. You will get your green card in 3 weeks

[Editor: Getting the interview prior to the biometrics has been reported at least three times as of this update]

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(27 Nov 2005)

Q Is the USC required to attend the AOS interview?

You will get a letter for the AOS interview in the mail. You have to attend the AOS interview. If you don't go, your wife's AOS will be rejected. Bring an interpreter because you can't translate for her. Our first AOS interview was rejected because I couldn't translate for her.

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(27 Nov 2005)

Q Is an interpreter necessary?

The AOS appointment letter said:

"If either the petitioner or the beneficiary does not speak English, an interpreter with valid photo identification must accompany you. You may not interpret for each other."

The letter did not disqualify family members. Actually, I worried about it too. Luckily, the hispanic officer was very nice. In my opinion, woman officers tends to be more tough. In March, we had a female officer for our first AOS interview and she asked a lot of questions.

After GZ AOS seemed like a cake walk for us. Unless your wife speaks perfect english I recomend taking an interpreter. When the interviewing officer explains the conditions of the green card and all the other Govt. mumbo jumbo it helps to make sure she understands. Technically you are not supposed to take a family member to translate. Some IOs are more lax than others. Ours had our translater fill out a form saying he was the translator.

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(19 Feb 2006)

Q. What should be brought to the AOS interview?

They sent us notice of AOS interview and the form letter said to bring the I-864 and birth certs and marriage certs and W2s and tax returnes etc etcetc. I called UCIS and asked them if this was correct that i have to bring all the things to Memphis for the I-485 interview that I had jsut sent to Memphis for the I-485 interview-yup I do.

I brought all that stuff to my AOS interview and the lady asked me what I brought it for. They only wonted to see me drivers license.

Another statement on the AOS interview appointment letter

"...You must also provide: Evidence the marriage was entered in good faith."

Examples they list:

1) Rental agreements
2) Mortgage agreements
3) Joint bank accounts
4) Proof of joint property ownership
5) Health Insurance
6) Birth certificates of children
7) Utility bills

Here's what we prepared for the interview:

- Updated I-864
- Copy of submitted I-485
- All fingerprints and medical exam requests and responses
- 3 year tax transcript
- Employment letter
- Pay stubs
- Copy of all EAD documents
- Birth Certificate of our baby son
- Copy of life, home, and auto insurance policies
- Loans and bank statements
- Pictures of our wedding, reception, baby shower, trips, and other family stuff

Well we went into our AOS interview today, I thought well prepared, I had 3 copies of everything from the AOS list here and on the USCIS website and I had it all in a nice clear envelope with each item paper clipped together. Well I go to the window and the women there takes opens it shuffles through a little bit of it hands it back to me with a "DORA" list and asks me to organize it in order with the list, Ok not a problem I can do that.

List:
I-485, Application to Adjust Status
I-485A, Supplement (if applicable)
Birth certificate of beneficiary + translation into English (if applicable)
G-325, Biographic Information, for beneficiary
Beneficiary proof of entry
I-864, Affidavit of Support
2003, 2002, 2001 income tax returns for petitioner + W2 statements, Current letter of employment for petitioner or 3 recent pay stubs
Medical envelope containing (I-693 and I-693A
I-130, Petition for Alien Relative, or I-130 Approval Notice or Receipt
Marriage Certificate (if applicable)
Copy of Petitioner's Passport, Naturalization certificate,alien resident card and/or birth certificate
G-325,Biographic Information, for Petitioner
Evidence of commingling of assets of Petitioner and beneficiary (if appropriate). Such documents include birth certificates of children, lease agreements, proof of insurance, bank statements, and mortgage documents.

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(19 Feb 2006)

Q. What will occur at the AOS interview?

First he swore us in. Then he asked me for our passports, about my present job, marriage certificate and 2003 tax return. He also asked me if this was my first marriage and if we had any baby.

Then he asked my wife a few questions:

(Did you ever collect public assistance; Did you ever come to this country illegally; Did you ever get deported; Did you ever commit any crimes).

Afterwards, he photocopied the passports and he told my wife she did really well in the interview. Then he stamped her passport and said this will be her temp green card until her real temp green card arrives in the mail in 6 months. He also said she can work and leave the country now. We thank him and that was it.

The VO will ask the same questions from the I-485 (ex: Did you ever try to come to this country illegally? Did you ever get arrested?). Also, the officer didn't even ask for her medical envelope from the Civil Surgeon. He did ask my wife to recite our home phone number which she always forgot.

I was present during the entire AOS interview. She was asked some questions like....Have you ever been a member of the communist party? Ever done anything against the US government...etc.

The INS representative allowed me to ask the question question in a level of English that she could understand. She answered the questions No or yes,... mostly no.

Other INS offices in other parts of the US may have different procedures, but this is how things went for us during the AOS interview in Oregon.Relative simple and pleasant. The process took about 15-20 minutes total.

Just don't say "yes" to questions like:
Have you ever claimed to be a US citizen;
Have you ever voted in an election?
Have you ever tried to help someone enter the US illegally?
Have you ever been to the US illegally?
Have you ever been arrested?

You get the drift. These are standard questions, all of which are disqualifiers for AOS.

Here's what the IO asked for:

- Birth Certificate of our baby son

Here's the questions:

Is he your son together (we brought our baby to the interview)?
Was he born here?
When is his birthday?
Who do you work for?
What do you do?

That was it!

My advice if you are going for the AOS interview is still to prepare everything! It seems there are so much variation between each offices and even each IO. I think if you are prepared, they know it and will not ask so much.

I (USC) got the brunt of questioning:

1. How old are you and how old is your wife?
2. Have you been married before?
3. When did you get divorced?
4. Where is your ex-wife from?
5. How long were you married to your ex-wife?
6. Why did you two get divorced?
7. How did you come to know your present wife?
8. Are you planning on having any children?
9. Are you and your wife using any birth control measures now?

Interview was scheduled for 10:00 am. We got there at 9:45 am. Waited in the waiting room for 10 minutes or so, then the interview guy called our name and we followed him to his office.

For the first 2 minutes he didn't say anything to us at all. He just was shuffling some paperwork around amidst the mountain of paperwork atop his desk. Then he typed a few things into his computer.

Then he asked me "How did you guys meet"? I told him "We met online on americansingles.com, first exchanging some emails, which eventually got more and more frequent, then we decided to meet each other in person so I flew to Malaysia where she was going to college at the time".

Then he asked for Juxin's passport and he immediately stamped it with the "1-year temporary green card stamp" thing, and told us the real actual conditional green card would arrive in the mail in about a year. Then he said we had to apply for the unconditional green card in just under 2 years.

That's it! The whole thing took less than 10 minutes. I was expecting him to ask us lots of questions about us and ourselves. I was expecting to show lots of additional paperwork and/or photos of us. Nothing. Just a quick glance at her passport, and that's the only physical thing that came out of our envelope.

Oh ... and he asked us what name Juxin wanted to use going forward, and we said "HerGiven HerFamily MyLast" and he said fine. Then she had to provide her new signature a couple of times and provide her fingerprint a couple of times, and then away we went!

the interviewer got more hung up on my other paperwork not being enough. I guess shes expected to see all bills & checking & savings (and anything else with both our names on it) from before our marriage (with only my name) and EVERY month thereafter with both our names (guess they expect a continuation of this...2 years worth...at the removal of conditions too). But, despite complaining about this severla times (and repeating the same questions a few different ways)...we got approved. Put the stamp in Yaya's passport good for one year and said we will get the temp green card in the mail in 90 days (or less).

BTW...if they look at your wife and ask a question (make sure your wife is looking at the person so she will know she is being talked to)...DO NOT try to help your wife unless the interviewer asks you. This one got kinda perturbed every time I tried to help explain sumthin my wife did not understand and told me the interview would just take LONGER if I kept doing that.

He asked:
Where did you meet.
Do you have the I-864, copies of his tax returns and pay stubs.
He asked for copies of our passports, birth certificates and ID.
He asked for evidence establishing our relationship. Amy showed him a picture of us in traditional Chinese wedding garb. He looked at the picture and asked if we got married in China. She told him, No, in Las Vegas, and showed him a Las Vegas wedding picture. Those were the only pictures he wanted to see.
Then he asked to see the marriage certificate and to give him a copy. He asked for insurance papers so Amy showed him my car insurance which shows that she is an excluded driver from my policy. She showed him our names on the utility bill, our joint checking account and a credit card bill in both of our names and he took copies of these documents.
Then he proceeded to pull out a paper and ask Amy questions off of it. Amy did not fully understand the questions as he read them off in English but she recognized the paper as the I-485, the part with the checklist that asks stupid questions like are you are a prostitute or do you plan to overthrow the govt. Amy smartly replied no to all of them

Amy wanted to show him other some other pictures and some other things we prepared that were on the "required" list, but he was not interested.

He kept the passports and ID's and sent her out and called me in.
He asked me how we met and I said on the internet.
He then informed me that there doesn't seem to be any problems with her getting the green card and gave me a receipt of sorts that has her A number and a check next to a box stating additional security checks were necessary and said that if there were no security issues, we should get the green card within a month.
He gave me our passports and ID's and there was no I-551 stamp in her passport.

Communist party answers of Yes:

My wife was a commie and a lot of time was spent on this issue in the AOS interview. The interviewer asked if my wife was a commie and she said "yes." Then he asked her a bunch of questions like why she was a member, what office she held, what benefits did she derive from being a member, etc. My wife was not an officer and she basically got nothing out of being a member except it was necessary for her job. He used her responses to fill out a waiver for her, printed a copy, and asked my wife to sign it. We read it and asked him to change the wording of one sentence that we didn't think was accurate. He made the change, my wife signed the corrected statement, and that was it. After that he moved on to my financial statements and other more routine stuff. We got our approval (and her green card) a couple of weeks later and haven't looked back.

I don't think anyone is going to have any problem with this issue unless your SO has participated in something overtly "totalitarian" - like being involved in a police action that disregarded human rights. If your SO was just a government clerk, I would guess that your experience will be very similar to ours

The interview was easy and the only hestitation was when she asked my wife the dreaded COMMUNIST PARTY question and my wife answered YES.... Then she had to print out a sworn statement and sign it and then the nice lady had to check to see if we needed the 601 waiver form as well...Thank god, we didnt need this form!! Thats another 265 bucks......

On the I-485 we checked that my wife had been a member of the Communist Party. This required the interviewer to ask a number of questions regarding her affiliation. She needed to do this in order to complete an affidavit that my wife had to sign. Much of the time we just sat there while the interviewer completed the form on the computer. During the silence I talked to my wife about our July 4th plans. Eventually I asked the interviewer if she needed more information. She had everything she required, she just told me that completing the form was a pain?

I told her that many people probably check no? whether or not they were members, but I felt it was better to be honest. She concurred and told me that many people don’t answer that question truthfully and she knows that many Chinese join the Communist Party as a job requirement. The key to the affidavit is that membership was involuntary? The interviewer told me that, despite the time she required to complete the affidavit, she appreciated our honesty.

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(19 Feb 2006)

Q. Any issues that arose during the AOS interview?

My wife and I went to the Boston office for AOS interview today. The female officer didn't want us to talk Chinese at all in the office. She didn't want me to translate questons to my wife. She just want my wife to answer the questions. First she asked my wife the names of my parents. Then she asked her if she ever tried to come to USA before. My wife's English is limited and she didn't understand the question. So she told us to go home. We have to bring a translator for my wife for the reschedule interview.

Well we drove to Denver this morning which is normally about a 1 hour drive for us but with the snowstorm it took 2.5 hours. We made it just in time for our name to be called at 8:40am this morning. All was going well until she asked for a copy of my tax returns from 2003 and 2004 (I saw she already had copies). As I handed her the copies she stoped me and said - Oh those are just like these, not signed. The reason being, when i fill out my tax forms each year I fill out one in pencil and check it over then do a final in pen which I send to the IRS. I made copies of the penciled copy and sent those to USCIS but didnt catch the fact they were unsigned. So we were sent away and told to get printouts from the IRS for 2003 and 2004 - we have 12 weeks.

[We] forgot to bring the vaccination supplement and have 90 days to mail it in, we will probably send in sometime mid October.

The rest of the interveiw was very easy, she went through the checklist, Are you here to spy on the U.S.?, Are you going to blow anything up? Are you a Communist? No question about prostitution, maybe because the children were there. Interestingly she was Chinese and spoke well but prefered to let us all translate for Hua, myself,and both of our sons, I think to see how we all communicated. She asked how we met and how the marriage was going. She was very interested in how the boys got along, and if Tao liked it here in America. Very quick, very easy and very low key.

My wife and I passed our AOS interview. We brought in a professional interpreter for our interview even though my wife can speak very good English. Its a good thing. My wife's fingerprints had not cleared so the IO did a form declaring she has not been a criminal before so he could proceed with the interview and asked her to answer "yes" or "no" to a list of questions. Too many difficult words for my wife to understand so the IO had to use our translator for that part. That was the total extent of my wife's questioning.

I didn't anticipate tough questioning and I thought Yue's English was probablly good enough for casual stuff, but then we started down the list of questions about her personal relationship with Adolph Hitler and her possible illeagal gambling habits. Question 2 about political parties had her giving him the look. They wouldn't let us conference in her friend from home and I'm thinking we're screwed. But we finally managed to get through the list somehow. He was pretty helpfull in this regard, rephrasing the questions and such. I'm quessing terrorist plots and the Final Solution are not everyday topics of conversation for most of us, so if your darling is not fluent it might be worthwhile to brief these questions in advance.

For the other stuff, he wanted to see some evidence of "jointness", bank accounts, same address, etc. Other than that I think for the most part he was looking to see if the answers provided were consistent with the previously supplied paperwork. He didn't ask to see any pictures.

About 10 questions for both of us. Every question centered on something in the I-485 application. He also asked us for some pictures, my income verification, and proof of joint assets/property. All went well, until he asked for Wei's birth proof (health department booklet). We only had the certified translation, which got us through every interview, application form, etc...without an RFE...but this guy wants it.

So, we have the copy, and only need to get a current certified translation, and can mail that one in within 90 days with a copy of the original.

AOS Interview, Passed but not official 'til CIA is done

http://candleforlove.com/forums/index.php?showtopic=10181&hl=

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(27 Nov 2005)

Q. My AOS interview is coming up on our 2 year anniversary, what card will we receive?

As I understand it if you are K-3 and AOS and you have been married 2 years at the time of the AOS interview she will receive the permanent green card good for 10 years with no conditions.

There are no conditions to be removed with the 10-year alien registration card (greencard).
The next step would be naturalization in 3 years should your wife want to pursue citizenship.
There's an informative manual on the USCIS website about citizenship, and it is in Chinese.

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(27 Nov 2005)

Q. Can I travel out of the US while the AOS is pending ?

An AOS pending K3 can travel outside the US.

A K1 MUST have Advanced Parole (AP) in order to return to the US. If the K1 does not apply for AP before leaving the US, they could be considered as ‘abandoning’ the application with USCIS and refused entry back to the US.

See the AP section within this FAQ.

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(27 Nov 2005)

Q. Is there really a name check for AOS ?

I made an infopass appt. about my wife's green card. Needless to say after much questioning the official at the office admitted that my wife's case is pending a security check, same as the aid said a couple of weeks ago. he said this check can take anywhere between 1 day and 2 years to complete and there is no way to get a better time estimate or do anything to expedite this.

More info:

aos limbo, green card not recieved yet

http://candleforlove.com/forums/index.php?showtopic=13632

===================================================================

Q. What does EAD stand for and what is it used for?

Q. When can I file for EAD?

Q. When filing for EAD, which category do I choose?

Q. How long is the EAD good for?

Q. My EAD has taken over 90 days, what can I do?

Q. I understand a K1 can get a SSN, correct? Does this allow them to work as well ?

Q. My wife is a K3. What is required for her to work once she is here?

Q. I have not filed I-130 yet for my K4 stepdaughter. Can I go ahead and file for EAD for her?

Q. My wife’s EAD will expire soon. Does my wife have to stop working?

Q. Where can I get additional Information?

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(6 Nov 2005)

Q. What does EAD stand for and what is it used for?

Employment Authorization Document. This document proves you are allowed to work in the United States.

EAD allows your wife to work while she is waiting for the green card. If USCIS does not approve or deny your EAD application within 90 days you may request an interim EAD document. You should apply for a renewal EAD six months before your original EAD expires. Once you get the green card you will no longer need an EAD.

If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.

More Info:

Employment Authorization and SSN

http://candleforlove.com/forums/index.php?act=ST&f=14&t=9057

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(6 Nov 2005)

Q. When can I file for EAD?

K-1 filers actually have two EAD choices:

1) First, they can file for an EAD immediately (prior to AOS) if they choose, but this EAD can't be renewed. If you choose the non renewable EAD, you'll have to re-file fresh when it expires since it can't be renewed.

2) In the alternative, you can file for EAD when you file for AOS. Most people skip the first EAD and just wait until they file for AOS to get the EAD. This EAD can be renewed as needed.

Temporary EAD:

Under "Family-Based Nonimmigrant Categories" in the section "K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6)" it states:

"File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed."

This is a temporary card, good only for 90 days and it is free. After you are married you will have to apply for another (permanent) EAD card, and there will be a fee for this one.

I think that you can file for EAD off your K-1 pre marriage, but it cannot be renewed. This would put you in the (a)(6) category. What I think this means is that you'll have to file again as a ( c)(9) category with your AOS or while it's pending.

I'd suggest waiting until you are married and then file the AOS/EAD together. If you file for EAD now, it will expire in ~90 days and is non-reusable.

EAD with AOS:

Under "EAD Applicants who have filed for adjustment of status" under "Adjustment Applicant-©(9)" it states:

"File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your form I-485".

Unless you are applying for the temporary 90-day EAD, your i-131 (EAD) form must be filed no sooner than the i-485.

For K1 you MUST file the I-485 either before or at the same time you file for the EAD. They will not allow you to file EAD before you file I-485.

I only did the EAD this time, instead of both EAD and AOS because I was hoping it would be faster getting the interview. When sending only the EAD it goes to the local office. If I do both it goes to Chicago.

We're still waiting for her EAD. Let me tell you about a little "gotcha" that I didn't know about. If you have not received an update or EAD within 90 days of your NOA (our's was May 19) you can go to your local field office and request an interim EAD (which is free, issued very quickly and good for -- I hear -- 8 months or so). The trap we fell into, however, is in that our EAD was approved on July 30, but they sent it to the wrong address (yes, they used the correct address when they send us our NOA, they just mis-typed it when they mailed her EAD). So, the rule says that if they have approved it and you have not yet received it, you must wait 30 days from the notice that they mailed it (available online or by calling the office) before they can request a revisit of your case to see if it was returned to sender or to have them re-issue the card.

For my wife's forms today, both the I-797C for her I-485 and her I-765 were stamped with the same stamp, but were signed in different areas.

On the I-797C for the I-765 (EAD), the stamp is signed in the area that reads, "Biometrics QA Reviewed By:" (Number and Date)

On the I-797C for the I-485 (AOS), the stamp is signed in the area that reads, "TENPRINT QA Reviewed By:" (Number and Date)

More info:

How Do I Get a Work Permit (Employment Authorization Document)?

http://uscis.gov/graphics/howdoi/ead.htm

Filing I-765 (EAD) After filing I-485:

E-Filing I-765:

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(6 Nov 2005)

Q. When filing for EAD, which category do I choose?

1. I-765 Form- Application for Employment Authorization

2. A check covering payment

3. Two passport photos

4. Photocopy of both sides of I-94

If you are filing for the EAD with the AOS or after you filed for AOS, your category is ( c )(9). If after, include receipt notice that I-485 is pending.

If you are filing for the EAD before you file for AOS, your category is either (a)(6) for K-1/K-2 or (a)(9) for K-3/K-4.

EAD Fee: (as of Oct 26, 2005)
I-765... Application for Employment Authorization. $180

More info:

I-765 form:

http://uscis.gov/graphics/formsfee/forms/i-765.htm

Fee Schedule:

http://uscis.gov/graphics/index.htm

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(6 Nov 2005)

Q. How long is the EAD good for?

USCIS will usually grant employment authorization in two-year increments.

The EAD should take about 3 months (for my wife's case. The EAD is only good for 1 year and you supposed to renew it 6 months before it expires. Once you pass the AOS interview, you can get the temp green card and you don't need to renew the EAD anymore. EAD is not cheap.

After filing AOS and EAD (one year version), the EAD and SSN is all that is needed to be hired by an employer.

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(6 Nov 2005)

Q. My EAD has taken over 90 days, what can I do?

I called the National Service Center and they too confirmed the 90 days passed. They advised me to take ALL notices to the local service center to obtain a temp EAD for my SO and my step-son.

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(6 Nov 2005)

Q. I understand a K1 can get a SSN, correct? Does this allow them to work as well ?

K-1 visa alone with a valid I-94 are ground to be issued a SSN. However you will still need a EAD to actually work.

If going to work, an employer needs to make sure you are either a citizen or have authorization to work. The green card or EAD is the proof of right to work - not the SSN card.

For what its worth we went to 2 local chain supermarkets and inquried about a job. All they said was get the SSN and you are "good to go".

The K-1 is only authorized to work for 90 days after entry. After that, a green card or EAD is required to be legal. NOTE: if she were to find a job in the first 90 days and filed AOS and EAD, she could continue working until one of them came through. If the EAD was not applied for (only with or after the AOS) she would have to quit work to stay legal.

I should add that K-2 and K-4 doesn't have any alternatives. They must get an EAD or green card before they can get an SSN. You, however, can try to get one based on opening an interest bearing account -

Most everyone is confused by K-1 work status. Technically, a K-1 is authorized to work as a condition of their status. The problem is proving it. Employers need proof of an alien's right to work. The acceptable proof is an EAD or green card with an SSN. So, having the right to work for the 90 days that the K-1 is valid is generally considered worthless.

Assuming the employer is on the "up and up", an I-9 will be required of any employee. The I-9 requires verification of identity and employment eligibility. If a person doesn't have a US passport, foreign passport with an unexpired I-94, EAD, Green Card, I-551 stamp, or a few other documents (all of which verify both identity and employment eligibility), the worker must provide separate documents that verify each. Assuming the worker can verify identity, the documents that can be used to verify employment eligibility are somewhat limited but include a valid social security card. If the worker can't verify eligibility to work, he/she can still work, but the employer may be subject to civil and criminal penalties.

For most K-1ers, the foreign passport/I-94 satisfies both requirements, but after the I-94 expires, the employer is supposed to re-verify eligibility. If an EAD has been received, that should be sufficient. However, without the EAD, the most likely verification document will be the social security card.

More Info:

K1 and EAD:

http://candleforlove.com/forums/index.php?showtopic=2303

Frequently Asked Questions About Employment Eligibility

http://uscis.gov/graphics/howdoi/EEV.htm

About Form I-9, Employment Eligibility Verification

http://uscis.gov/graphics/howdoi/faqeev.htm

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(6 Nov 2005)

Q. My wife is a K3. What is required for her to work once she is here?

K-3 requires an EAD or green card to work.

Can work upon entry after getting social security card and an EAD.

Here is issue: "K-3 is NOT authorized to work until they get an EAD or green card. So, SSA won't issue a [social security] card without one of those documents."

So, this means you must first do EAD before you can get a SSN, which means you can't get a state ID...

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(6 Nov 2005)

Q. I have not filed I-130 yet for my K4 stepdaughter. Can I go ahead and file for EAD for her?

I was in the same situation with my step-daughter. She is K4 has not had a I130 filed as of yet and she has received the EAD.

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(6 Nov 2005)

Q. My wife’s EAD will expire soon. Does my wife have to stop working?

I called BCIS this morning and the rep said that she has to stop working.

First, you are not out of status just because your EAD expires. As long as the Adjustment is still pending, you will be in status whether or not you have work authorization. However, if you are working, you must have the EAD (or some other valid visa which authorizes work) or you will be engaging in unauthorized employment. If you decide to work on the expired EAD before the new EAD arrives, then your Adjustment may be denied on that basis. So the best advice is to always file for the EAD renewal at least 90 days before it is due to expire, and not to work after your previous card expires until the new one arrives. (Extra tip: If you have filed for your new EAD, and you have waited more than 90 days, you are permitted to start working again. This is why we recommend you always file at least 90 days before it is due to expire- that way you will never have a gap in your work authorization. Remember, this is only if you have waited at least 90 days for your new card and it hasn't arrived yet.)"

Q - My wife has a pending I-485 adjustment of status and her EAD card expired last month. We applied for a renewal in early February, but have yet to receive the new card. Now her employer will not let her continue to work because her EAD has expired. We showed them a copy of the renewal application, but they won't listen. Is this legal? Can't my wife continue to work for up to 240 days on her existing card until she receives her renewed EAD card?

A - Unfortunately, your employer has acted properly. He cannot employ you merely because you have applied for an EAD extension. You need to have the new card. By law, the INS must adjudicate the EAD within 90 days or they are required to issue an interim card, however. So you should check with the INS on this. As for the 240 day rule, that applies for extensions of non-immigrant work visas.

I think that is flat wrong!

Try the SSA website and see if you can find the employer's handbook on hiring aliens. Or, their FAQ. I know I read somewhere that filing a timely renewal satisfied the requirement to continue working.

Proof of filing the application is good for 90 days. INS has 90 days to process it, so if it is not received by then, you can go to the local office and demand it.

An employer can hire or retain an employee for a job lasting more than 3 days on the filing proof as long as the EAD is presented to them within 90 days.

It is also important to note that the original 90 day EAD card or stamp is not void due to filing AOS...it is valid for it's full term (unlike the K-1 visa).

For the employer's purpose, XXX needs to fill out an I-9 form showing she is eligible to work. The application for EAD is the proof and she has 90 days to produce the EAD or I-551 stamp in her passport. If she does NOT get the EAD within 90 days of filing, she can go to the local office and demand a temp one.

This depends on the employer understanding the law.

My wife never really quit her job. She stopped for about a week after the temp K1 expired and became extremely bored... We went for her fingerprints that same week and they claimed "she was OK to work again since we are pending status and now have had fingerprints"

My wife’s local employer seemed to buy our legitimate excuse and just said "show us the EAD card when it arrives" Two weeks later we did and all was well.

As memory serves, renewing EAD's is ok - you have 90 days as long as you can show proof of filing. This is for an issued EAD and does not apply to the 90 day temp for K-1's.

One of the legal beagles on britishexpats says not to worry about quitting. It's the employer's responsibility to make sure their employee is work authorized.

Form I-9: "if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days." -- In accordance with 8 C.F.R. S 274a.2(b)(vi)

More Info:

Answers to selected questions, see # 4:

http://www.usvisanews.com/questions/wedquest012600.shtml

VisaLaw.com

http://www.visalaw.com/print/3may203.html

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(13 Nov 2005)

Q. Where can I get additional Information?

Visa Journey and EAD:

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3ead

Employment Authorization for Nonimmigrants

http://policy.ssa.gov/poms.nsf/lnx/0100203500!opendocument

===================================================================

Q. What does AP stand for and what is it used for?

Q. The advance parole section is really confusing. I can't even tell if she even qualifies?

Q. When can I file for AP?

Q. What is filed for AP?

Q. What is an example ‘explanation’ for the AP application?

Q. Can I check my status online?

Q. How long is the Advanced Parole good for?

Q. What happens at the departure and arrival when on AP ?

Q. What will the approved Advanced Parole look like?

Q. What is a re-entry permit?

Q. What is the difference between an Advanced Parole and a Re-entry permit?

Q. Can I travel to Canada on AP?

Q. When will she be able to travel back to China?

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(6 Nov 2005)

Q. What does AP stand for and what is it used for?

Advanced Parole (AP) is what one [K1] has to apply for to leave the country, and be allowed back in... You can apply for an AP before filing AOS, if there is a legitimate emergency. Otherwise people apply for AP with their AOS filing, just in case.

You [k1] would need to file for Advance Parole (AP) in order to leave and return to the US while AOS is pending. Also, don't be gone more than one year in this status to avoid your AOS petition being considered abandoned.

K-1/K-2 visa holder MUST obtain advance parole before leaving for two reasons:

1) To be allowed reentry into the US

2) To prevent their AOS from being considered abandoned.

The exception to the one-entry rule for K-1/K-2 is this. If a holder enters the US and departs WITHOUT marrying, and it has been less than 90 days from the first entry, they may request their visa be revalidated for the remaining time at the consulate in their home country. The consulate MAY approve the request.

If a K-1 is married in the US and leaves without AP (regardless of whether AOS is filed or not), they will be stuck outside the US waiting on a spousal petition to make its way through from square one.

K-3/K-4 visa holder can leave and return to the US without needing to obtain advance parole. It will not affect their Adjustment of Status (AOS). K-3/K-4 are multiple entry visas.

K1:

Can My Fiance(e) Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with Immigration and you may not be permitted to return to the United States.

K3:

Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

Your wife can leave without her AP in hand. You could send it via Fed Ex to her in China once you get it. I have heard of people doing this especially when theirs an emergency/death/illness. If you have any doubts, just don't leave until the papers are in your wife's hands.

USCIS Website:

Please note that Advance Parole does not guarantee admission into the U.S. Aliens with Advance Parole are still subject to the immigration inspections process at the port of entry.

More info:

Travel outside the US for K visa holders

http://candleforlove.com/forums/index.php?showtopic=1361

How Do I Change My Fiance(e)’s Status to Lawful Permanent Resident?

http://uscis.gov/graphics/howdoi/hdifiance.htm

Advanced Parole (Travel Document)

http://www.immihelp.com/greencard/adjustmentofstatus/advance-parole.html

Frequently Asked Questions about Advance Parole

http://www.hooyou.com/advanceparole/faq.html

IMMIGRANTS REMINDED TO OBTAIN ADVANCED PAROLE

BEFORE TRAVELING ABROAD

http://uscis.gov/graphics/publicaffairs/newsrels/CISTravelAdvisory.pdf

Emergency Travel

http://uscis.gov/graphics/services/Emergency/

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(16 May 2006)

Q. The advance parole section it really confusing. I can't even tell if she even qualifies. We currently have our I-485 pending, but it seems advance parole is only for extreme circumstances?

Here's what I know about the I-131; You do qualify for advanced parole. I called BCIS and asked for my wife will need one as well. You are right about the confusion factor. Look on the first colum of the form.At the bottom. Under 2. It will say A form I-485 has been filed on behalf and pending. All you need to do is fill it out send in the copy's of documents for proof and 160.00 . It can take 2 months for this one. Make sure she has here chinese passport with the k-1 or whatever visa in herpossesion when going abroad.

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(6 Nov 2005)

Q. When can I file for AP?

Advanced Parole can be applied by filling I-131 Advance Parole(Travel Document). It can be filed either along with the adjustment of status application or after that.

Incidentally, while AP and AOS can be filed together, they are processed separately, so it's possible to get AP before the AOS is processed.

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(6 Nov 2005)

Q. What is filed for AP?

Concurrent with AOS application:

1. I-131 - Application for Advance Parole

2. Explanation of why require Advance Parole - on a separate sheet of paper:

3. A check

4. Photocopy of both sides of the I-94

5. Photocopy of visa

6. Two passport photos

I applied AP after she had filed for AOS:

1. A completed and signed I-131, Application for Travel Document.
2. Part 7, Attachment to the I-131 explaining the emergent personal reasons for the need to travel to China while the I-485, Application to Adjust Status, is pending.
3. A copy of passport identifying pages showing her name and date of birth, along with a copy of her I-94 (front and back) and K-1 visa.
4. Copies of Notices of Action related to her pending applications for employment authorization (I-765) and her adjustment of status (I-485).
5. Two photographs and A number on the back.
6. A check to cover the required filing fee.

I-131 ORIGINAL SUBMISSION - Checklist
Check #1234 For $170
C1 / Form I-131 Application for Travel Document
C2 / Form I-131 Part 7 Letter of Explanation
C3 / Copy of P-4 Appointment Letter from the US Consulate in Guangzhou, China
C4 / Front and Back Copy of I-94, Nonimmigrant Arrival/Departure Record #
C5 / Copy of Certified Marriage Certificate
C6 / Copy of Passport
C7 / Copy of K-1 Nonimmigrant Visa #
C8 / Photos (2) for Advanced Parole Travel Document

I-131:
Complete Part 1
On Part 2 check box D.
Part 3, complete items 1, 2 & 3
Part 7 #1 take your choice, but might as well go for More than one trip.
Part 7 #2 N/A
Part 7 #3 Check the first box
Complete Part 8 & 9 corrected a minor mistake here

The other sections on this form do not apply to Advance Parole and SHOULD be left empty since the instructions tell you to bypass them. Just like the I-134, keep it simple.

Write a nice and believable letter, it only requires that you present evidence if you base your letter upon a dire need. Our letter was based on a pending K-2 interview, but others have stated annual family vacation out of the country, honeymoons, anniverseries and making a trip to visit family after being here for 1 year.

AP fee : (as of Oct 26, 2005)
I-131... Application for Travel Document...... $170

More info:

Form I-131

http://uscis.gov/graphics/formsfee/forms/i-131.htm

How Do I Get a Travel Document?

http://uscis.gov/graphics/howdoi/travdoc.htm

Advanced Parole:
http://uscis.gov/graphics/howdoi/travdoc.htm

Fee Schedule:

http://uscis.gov/graphics/index.htm

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(16 May 2006)

Q. What is an example ‘explanation’ for the AP application?

"I am applying for Advance Parole in order to be able to visit my family in Country X. In particular my parents are both elderly and I would like to be able to visit at short notice if either of them were to be become dangerously ill."

We posted two reasons, one which was just to visit family and the other for a professional reason. It seems that the professional reason caused them to process it faster, since it would have gotten to us in time to attend...had one or both not seemed to take 6 weeks to deliver a parcel of first class mail!

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(6 Nov 2005)

Q. Can I check my status online?

Select the district office where you'll be filing

https://egov.immigration.gov/cris/jsps/ptimes.jsp

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(6 Nov 2005)

Q. How long is the Advanced Parole good for?

AdvancedParole(Form I-512) for adjustment applicants will be issued valid for a period which coincides with the time normally required for completion of an adjustment application not to exceed one year. (It means that it is valid for one year looking at the current status of adjustment of status processing.) It is usually valid for multiple entries.

More info:

Advance Parole, How long is it valid?
http://candleforlove.com/forums/index.php?showtopic=13097

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(6 Nov 2005)

Q. What happens at the departure and arrival when on AP ?

Wife had her I-94 card removed upon departure from the US.

Upon departure from China, the papers were looked over once and then a supervisor was called. He looked at them for 1 minute and then said have a good trip. Have read on this board of a guy coming home with his wife on AP, being stopped for a few hours as the airline folks didn't recognize the AP.

Upon arrival at LAX, my wife cleared US Immigration faster than I did standing in the US Citizen line. No joke. My wife had zero problems.

New I-94 issued and passport stamp received

Bring the extra documents NOT for the POE but for the airlines folks at the outbound foreign airport. Most of them never saw an AP. U.S POE officers have.
Bring MARRIAGE license... if you had a name change for her. i.e AP showing different last name than passport.. but again, POE is NOT the prob here..... Airlines staff is

With the AP, she needs to save a copy (they will keep one each time she re-enters the US), but can otherwise come and go freely.

She will use her Chinese passport unless she becomes (eventually) an American citizen. She will travel as a Chinese citizen (until then).

On the first reentry, immigration will probably take one of the copies - you keep the other. If you leave the US again, make a photocopy to give to the immigration folks on the second and subsequent returns. Always keep one of the originals you just got in the mail.

More info:

Need to know Advance Parole Procedure

http://candleforlove.com/forums/index.php?showtopic=17410

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(12 Mar 2006)

Q. What will the approved Advanced Parole look like?

The approved Advanced Parole form is called I-512 and usually three copies of them are given. One copy for the applicant, one copy for the USCIS at the port of entry and one for the airline (so that they let you board the plane with out other valid visa.) First time you travel, you give the appropriate copies to airline and USCIS, and USCIS will stamp your copy. Subsequent times, you can just show your copy and travel.

they sent a I797C saying they received our I131 on 2/28/06 and it will take 60 to 90 days to process. Today 3/20/06, we get the I512L. Only 14 days? It has her photo on the bottom left and a place for a "National Benefits Center Stamp" which is blank. [The NBC section on the right bottom will be stamped when she re-enters.]

We have received the advanced parole, which consists of two copies of a single sheet of paper. They both appear to be an original form I-512L. It says it is good for a year. The photo is a scan on the paper.

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(12 Mar 2006)

Q. There are two copies of this, does it mean that my SO can go outside the USA twice? Is this two re-entry permits?

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(12 Mar 2006)

Q. What is a re-entry permit?

A.
"Re-Entry Permit
Lawful Permanent Residents (green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR’s returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S.

Conditional residents use re-entry permits to re-enter the U.S. after travel of one year or more. For conditional residents returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit or until the date the conditional resident must apply for the removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the U.S. "

Please note that a re-entry permit does not guarantee admission into the U.S. Aliens with re-entry permits are still subject to the inspection process at the port of entry. It is also important to note that travel outside of the U.S for more than one year will under most circumstances break the continuous residence requirement for later naturalization purposes. Travel for over 6 months may break the continuous residence requirement.

More info:

Emergency Travel

http://uscis.gov/graphics/services/Emergency/

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(12 Mar 2006)

Q. How to file for re-entry permit?

If the alien is a permanent resident or conditional resident, he or she must attach:

- A copy of the alien registration receipt card; or

- If he has not yet received his alien registration receipt card, a copy of the biographic page of his passport and the page of his passport indicating initial admission as a permanent resident, or other evidence that the alien is a permanent resident; or

- A copy of the approval notice of a separate application for replacement of the alien registration receipt card or temporary evidence of permanent resident status.

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(6 Nov 2005)

Q. What is the difference between an Advanced Parole and a Re-entry permit?

An Advanced Parole is issued to an alien who does not have permanent resident status. A Re-entry Permit is issued to a permanent resident of the U.S. On the appearance, an Advanced Parole is a piece of paper with the alien's photo whereas a Re-entry Permit looks like a passport. An Advanced Parole functions like a visa to the U.S. while a Re-entry Permit functions sometimes like a passport. In another word, an alien with an Advanced Parole still needs a foreign passport to enter into the U.S. while a permanent resident with a Re-entry Permit does not need a foreign passport to enter into the U.S. Another difference is the duration: An Advanced Parole is valid for one year whereas a Re-entry Permit is valid for two years.

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(6 Nov 2005)

Q. Can I travel to Canada on AP?

One thing to be aware of is AP will only get you out of and into the USA. It will not allow you to travel to Canada for instance with out a visa from there. A green card will. A friend of mines wife went back to China to visit on AP and coming back she booked a non refundable ticket with a layover in Vancouver BC. They wouldn't let her board the plane without a transit visa.She ended up having to buy another ticket without a stop in Canada.

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(23 March 2006)

Q. When will she be able to travel back to China?

Once she has either (i) a green card or (ii) has applied for AOS and is travelling with advanced parole, she is still a Chinese citizen. She will not be eligible for a U.S. passport unless and until she becomes an American citizen, which will take at least 5 years (provided she wants to do that). If she ever does become an American citizen, she should travel to China on her U.S. passport with a Chinese visa (although I do have some friends that have returned to China on their Chinese passports after becoming U.S. citizens ... but that's another story).

As a Chinese citizen, she will travel to all countries (including China) on her Chinese passport, and will be subject to the travel laws of those countries. And as a Chinese citizen, she can travel back to China on her Chinese passport freely - no visa required. She'll also be able to exit China freely to come back to the U.S. once she has her green card.

The green card only guarantees her special rights to stay/work/etc. in the U.S.A. With that said, however, many countries do treat U.S. permanent residents (i.e., green card holders) with essentially the same entry/exit rights as U.S. citizens. So, if you're traveling to Canada, Mexico, many countries in the Carribean, etc., she can probably enter with just her green card and no additional visa application is required. On the other hand, many other countries ( Japan, countries in Europe, etc.) will still treat her as they would any other Chinese citizen, and she'll need to obtain a visa (or comply with what's required for PRC citizens). Given that she has a U.S. green card, applying for those visas shouldn't be too difficult, but still something you'll have to do before you get on the plane for that romantic weekend in Paris.

So, basically, for other than the U.S. and China - check with the embassy or consulate of the country you want to visit to see what their requirements are.

I asked an immigration officer about this and was told that once we got the travel document, we could use it on any date. I would advise you to put a specific date and length on the application though, since that will make your application clear and specific, and therefore easier to approve. Similarly, I would cite a specific reason to travel (i.e., to see your wife's parents).

My wife just left last week to visit her family in china. so far so good.

She even transited through Hong Kong and no problems on entry. All she has is her chinese passport and green card for entry into US.

Name must match passport.

My wife went to China to visit family last year. She has her maiden name on her passport and her married name on her green card. She had no problem what so ever leaving or re-entering the country. You do have to have the plane ticket in the same name as on the passport though in order to board the plane.

She should take her passport down to the local PRC Consulate or the PRC Embassy and get her new name added to her passport so you won't have any problems.

With that said, the name on the ticket has to match the name on the passport for the airlines.

More info:

Leaving USA right after Entry

http://candleforlove.com/forums/index.php?showtopic=21507

Travel back to China with a Green Card.

http://candleforlove.com/forums/index.php?showtopic=16784