AOS/EAD Ingredients

[izus]

so what do you think....

3 seperate binders

EAD I765

Bio G325

and AOS I485

 

do you think it will matter if i seperate the biographical with the AOS?

 

including cover letters

 

if so what is needed for the G325? besides the PDF form...?

 

i am filing marriage lic

her birth certificate

copy of I94 both sides

visa with entry stamps

her passport

copy of I-797 (P2 of K1)

Divorce Papers

I-864 (should this be notorized?)

 

Copy of my passport

Proof of my Employment

My Bank Statement

My Tax return of last year

Edited September 6, 2006 by izus (see edit history)

[izus]

i read somewhere

that they want my mug shot passport style photo for the g325

 

Passport Photo: Staple one Passport Photo for the U.S. Citizen to the front of the form G-325. Attached is a Passport Photo specification sheet

[david_dawei]

Although there is a separate biometric (and fee), you don't build a separate packet for it (ie: G-325a, biographic form)... The biographic form is part of the I-485 packet.

 

you should have just two independent packets (I-485 & I-765), each with payments and cover letters:

 

I-485:

 

Sample package:

 

1. I-485 Fee and Fingerprint/biometric Fee (attached to top of application; separate checks is my recommendation)

2. Cover Letter

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

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

5. Completed Form I-864 Affidavit of Support, signed by USC. (The newer version does not need notarization. See instruction sheet as needed)

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

 

 

 

I-765:

 

1. I-765 Form- Application for Employment Authorization

2. A check covering payment

3. Two passport photos (chinese national)

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.

 

 

 

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.

 

 

Mailing:

 

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

 

 

Check status online:

 

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

[mercator]

Are you certain it is ©(9)?

 

This is where it is confusing to me.

 

We are K-3 and it seems like (a)(9) is right, but then we are adjusting status, so are we ©(9)??

[pkfops]

As David said:

 

For our AOS/EAD I used a single file folder.

 

EAD on the left and AOS on the right (cover letters w/checks on top);

all two punched and attached with ACCO fasteners.

[izus]

it looks like i need to take it home and go over it once more before i send it out

[david_dawei]

Are you certain it is ©(9)?

 

This is where it is confusing to me.

 

We are K-3 and it seems like (a)(9) is right, but then we are adjusting status, so are we ©(9)??

 

 

The category is based on the status relative to the filing of AOS.

 

If filing PRIOR TO AOS filing:

 

K1 = a6

K3 = a9

 

 

If filing CONCURRENT with AOS filing: (Same if Filing EAD AFTER OR RENEWAL)

 

K1 = c9

K3 = c9

 

 

There's a default category for the visa classification, Family based Non-Immigrant..upon entry you can file prior to AOS based on that default status, a PRIOR filing as shown above;

 

Once you file WITH the AOS, you are Adjustment of status based, not default based...

 

 

 

(edited post since I originally put wrong defaults for K1 and K3 as c6 and c9; their default on entry is a6 and a9, respectively)

Edited September 7, 2006 by DavidZixuan (see edit history)

[ed mac]

Are you certain it is (9)?

 

This is where it is confusing to me.

 

We are K-3 and it seems like (a)(9) is right, but then we are adjusting status, so are we (9)??

 

 

The category is based on the status relative to the filing of AOS.

 

If filing PRIOR TO AOS filing:

 

K1 = a6

K3 = a9

 

 

If filing CONCURRENT with AOS filing: (Same if Filing EAD AFTER OR RENEWAL)

 

 

K1 = c9

K3 = c9

 

 

There's a default category for the visa classification, Family based Non-Immigrant..upon entry you can file prior to AOS based on that default status, a PRIOR filing as shown above;

 

Once you file WITH the AOS, you are Adjustment of status based, not default based...

 

 

 

(edited post since I originally put wrong defaults for K1 and K3 as c6 and c9; their default on entry is a6 and a9, respectively)

 

 

David,

 

On question 14. Manner of Last Entry(Visitor, Student, etc.) would "K-3 Spouse Visa" be correct?

 

and on question 15. Current Immigration Status(Visitor, Student, etc.) would "Adjustment of Status I-485 filed xx/xx/xxxx" be correct.

 

Thanks for all you help,

 

Ed and Yilan Reed

[david_dawei]

Are you certain it is ?(9)?

 

This is where it is confusing to me.

 

We are K-3 and it seems like (a)(9) is right, but then we are adjusting status, so are we ?(9)??

 

 

The category is based on the status relative to the filing of AOS.

 

If filing PRIOR TO AOS filing:

 

K1 = a6

K3 = a9

 

 

If filing CONCURRENT with AOS filing: (Same if Filing EAD AFTER OR RENEWAL)

 

 

K1 = c9

K3 = c9

 

 

There's a default category for the visa classification, Family based Non-Immigrant..upon entry you can file prior to AOS based on that default status, a PRIOR filing as shown above;

 

Once you file WITH the AOS, you are Adjustment of status based, not default based...

 

 

 

(edited post since I originally put wrong defaults for K1 and K3 as c6 and c9; their default on entry is a6 and a9, respectively)

 

 

David,

 

On question 14. Manner of Last Entry(Visitor, Student, etc.) would "K-3 Spouse Visa" be correct?

 

and on question 15. Current Immigration Status(Visitor, Student, etc.) would "Adjustment of Status I-485 filed xx/xx/xxxx" be correct.

 

Thanks for all you help,

 

Ed and Yilan Reed

 

 

This is a seemingly easy question, which I'll probably make too much of... and then in the end, say that it probably doesn't matter, as long as you put something that is close to correct...

 

I e-filed our EAD, AFTER AOS FILING; so clearly, we are "AOS pending"... but the self generating e-form listed our Q.14 as blank and our Q.15 as "Alien Fiance of US Citizen" , although she was clearly in the US and pending AOS (also all the questions about her entry dates and locations were left blank...

 

If I were filing this form out directly by hand (and just answer questions from a computer which would generate the form), I would of filled in Q.12-Q.15 as follows, but you can call the NBC and get a person to talk you through it as well...

 

Q.12 - put date of entry at POE

Q.13 - List POE location

Q.14 - Put Visa classification (K-1, alien fiancee of US Citizen; K3, alien spouse of US Citizen)

Q.15 - Put Visa classification (K-1, alien fiancee of US Citizen; K3, alien spouse of US Citizen)

 

My guts says that if you put some form of "AOS Pending" in Q.15, it would be fine since you put in Q.14 the visa classification.

 

I'm thinking that using the visa classification [as the status] is better than saying "AOS pending" since it's not clear to me that "AOS Pending" is a regulatory classification.. rather a 'conferred' permission to 'stay' and not be unlawfully present in the US, based on an AOS filling.

 

Technically, I believe you are K1 or K3 till the I-94 expires and then are out of status ; the I-94 governs your non-immigrant status 'stay' in the US and when you must leave... but if you file AOS, you are authorized to stay in the US till the process completes...

 

But it's clear they want a different category based on filing prior to concurrent/after AOS... and that one you MUST get correctly. I've seen RFEs for not getting this right... person lost their application money as well, if I remember...

[ed mac]

Are you certain it is ?(9)?

 

This is where it is confusing to me.

 

We are K-3 and it seems like (a)(9) is right, but then we are adjusting status, so are we ?(9)??

 

 

The category is based on the status relative to the filing of AOS.

 

If filing PRIOR TO AOS filing:

 

K1 = a6

K3 = a9

 

 

If filing CONCURRENT with AOS filing: (Same if Filing EAD AFTER OR RENEWAL)

 

 

K1 = c9

K3 = c9

 

 

There's a default category for the visa classification, Family based Non-Immigrant..upon entry you can file prior to AOS based on that default status, a PRIOR filing as shown above;

 

Once you file WITH the AOS, you are Adjustment of status based, not default based...

 

 

 

(edited post since I originally put wrong defaults for K1 and K3 as c6 and c9; their default on entry is a6 and a9, respectively)

 

 

David,

 

On question 14. Manner of Last Entry(Visitor, Student, etc.) would "K-3 Spouse Visa" be correct?

 

and on question 15. Current Immigration Status(Visitor, Student, etc.) would "Adjustment of Status I-485 filed xx/xx/xxxx" be correct.

 

Thanks for all you help,

 

Ed and Yilan Reed

 

 

This is a seemingly easy question, which I'll probably make too much of... and then in the end, say that it probably doesn't matter, as long as you put something that is close to correct...

 

I e-filed our EAD, AFTER AOS FILING; so clearly, we are "AOS pending"... but the self generating e-form listed our Q.14 as blank and our Q.15 as "Alien Fiance of US Citizen" , although she was clearly in the US and pending AOS (also all the questions about her entry dates and locations were left blank...

 

If I were filing this form out directly by hand (and just answer questions from a computer which would generate the form), I would of filled in Q.12-Q.15 as follows, but you can call the NBC and get a person to talk you through it as well...

 

Q.12 - put date of entry at POE

Q.13 - List POE location

Q.14 - Put Visa classification (K-1, alien fiancee of US Citizen; K3, alien spouse of US Citizen)

Q.15 - Put Visa classification (K-1, alien fiancee of US Citizen; K3, alien spouse of US Citizen)

 

My guts says that if you put some form of "AOS Pending" in Q.15, it would be fine since you put in Q.14 the visa classification.

 

I'm thinking that using the visa classification [as the status] is better than saying "AOS pending" since it's not clear to me that "AOS Pending" is a regulatory classification.. rather a 'conferred' permission to 'stay' and not be unlawfully present in the US, based on an AOS filling.

 

Technically, I believe you are K1 or K3 till the I-94 expires and then are out of status ; the I-94 governs your non-immigrant status 'stay' in the US and when you must leave... but if you file AOS, you are authorized to stay in the US till the process completes...

 

But it's clear they want a different category based on filing prior to concurrent/after AOS... and that one you MUST get correctly. I've seen RFEs for not getting this right... person lost their application money as well, if I remember...

 

 

Thanks David.

 

Ed and Yilan Reed

[whatsthehaps]

Wait,

 

Do I need a g325 for myself, my divorce decree, birth certificate, and copies of my passport also?

 

Seems people are using them?

 

Thanks,

Rick

Edited September 22, 2006 by whatsthehaps (see edit history)

[david_dawei]

Wait,

 

Do I need a g325 for myself, my divorce decree, birth certificate, and copies of my passport also?

 

Seems people are using them?

 

Thanks,

Rick

 

 

Please see my sample package in previous post.. .you will not see any of the items you mention.

 

Remember: This is a petition from the chinese national to USCIS. You only act as the sponsor and provide a I-864...

[whatsthehaps]

Wait,

 

Do I need a g325 for myself, my divorce decree, birth certificate, and copies of my passport also?

 

Seems people are using them?

 

Thanks,

Rick

 

 

Please see my sample package in previous post.. .you will not see any of the items you mention.

 

Remember: This is a petition from the chinese national to USCIS. You only act as the sponsor and provide a I-864...

 

Thanks,

 

That's what I thought and was confused as to why others were including some of the other stuff. I thought I may have missed something.