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My fiancee, now my wife recieved her k1 visa not too long ago. Now we are in the states and ready to start the AOS process.... Now can anyone give like a detailed guide on how and what excat documents that we need to file? Also, I see that we need to submit A copy of Approval" for I-129F Now I can't find that document or even know how it looks......Is it necessary? Thank You

Hello This is regarding 3 questions I have on this form 32. Do You Intend to work in the U.S? should i check yes and write down, After I obtain my EAD. 33. Do You Intend to Study in the U.S? My fiancee will be going to school, should i check yes and write down name and location? 34. names and relationships of persons traveling with you.

I-693, Medical Examination of Aliens Seeking Adjustment of Status. (If you already have this from your overseas Visa Interview submit a copy that medical check form; No fee is required in this case. If you are a K-1 fiancé(e) 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 (I-693A), not the entire medical report. You may include the vaccination supplement with your adjustment of status application.) The POE took her medical forms, so we don't have anything to submit with the AOS packet. Am I just to submit the vaccination I-693A supplement? Or do we need to get a new medical examination here to submit?

Hi again all. Just getting some last minute loose ends done before Xiongxing has her interview. Do we need 2 Chinese and 2 English copies of these forms?

Hello All My fiancee got a White today. They decided to give her a white for a non bonafide relationship? What can I do? They ask her what is my favorite food, which type of music i like, what year I brought my car, etc. What can do I do now? Joe

Even though Li Hong had been separated from her husband for three years since we met, she has just recently gotten her divorce papers. No easy task sense they both live in Beijing but had to go to Changchun where they were married. It has been a couple of months and I plan on submitting my I-129F in the next few weeks. Is there any reason for concern or delay my I-129F because of this timing?? Thanks!

Hi again, I am in Shenzhen, China. Where do I get something notarized here? I keep asking my lady and she tells me she doesn't know. Also per previous topic from another member, Affidit of marriagebility, Do I need this included in the beginning process when I file the I-129F, G-325A forms? or the initial process? or Do I even need this at all? Thanks, Vinny

Hey GUZzy My fiance has a blue slip that says we need (more) documents to prove that I have domicile in the USA. OK so really I don't mind doing this. Really really. But it would be better for you and for us if that requirement had been made clear somewhere. The closest thing I could find was here. But ... that is vague. If it is a requirement you should list it somewhere. Perhaps on the I-129F instruction sheet? Alsoalsoalso . . . if it is not too much trouble, could you explain why it is required?

We filed $1010usd worth of stuff (sorry) a few months ago. Then,we received a letter instructing to go get fingerprinted in Tampa. Then,we waited. Then,the EAD Working Card arrived in the mailbox and my wife started LEGALLY working a couple of months ago. Thats it. WHATS NEXT??? Have I forgotten anything? I assume the next thing to happen is a letter will come instructing to go make Medical Exam (in USA) should arrive? Theres nothing more I can do-right? Just wait for the Med-Exam instructions to come in the mail? My wife has started pestering me about this so I had better have an answer for her tonight! (I think we are supposed to just wait for that Med-Exam letter,but every time she gets around "new" Chinese friends,and they start giving her "advice" about her Green Card,she starts getting impatient and militant towards me.) Demilitarized Duck with Plumb Sauce for dinner tonight!

i met my fiancee through a website called my foreign bride. this site is not compliant with the imbra law, but they charge men and women the same fees to join. i have read that the vo can deny the visa if you meet your fiancee on a site that is not imbra compliant. i am very concerned about this and hope someone can ease my mind a little bit. i am currently in the early phase of the k-1 process.

AOS for K1-K2 has been pending for some time now. My question is whether when approved does a child's status change to allow for a SSI#?

I am not sure if I posted this in the right place but I am in desperate need of help. I am a convicted felon in the state of Indiana. It happened 6 years ago and it was not for any of the specific crimes listed on the I-129F form. Also, my fiancee already knows about it. Since I am a felon, will the USCIS automatically deny my petition? Are there any other felons on here that went through the Visa process? If there are, could you please help me. Please feel free to email regarding this matter. Thanks

Hi Everyone, I have a questions regarding the #2 (Address) item on I-129F. Can I give an PO Box address here? while in the G325A, I guess I cannot give the PO Box (which is alright, I can provide the current residential address). I want to receive all correspondence from USCIS at the PoBox, is that possible? Also, line #14, which asks for address where fiancee intends to live. I will give the residential address here for sure. I guess my concern is, can I give a PoBox address in line #2???? Thanks in advance. -Z

where does my SO get a alien registration number?????

Hi everyone! I posted this on another forum, but I want to make sure and get more input before I send it out. I am ready to begin sending my original I-129F packet into the service center. I am planning to do so this upcoming Monday or Tuesday. I want to make sure I have everything, so can you make sure I have everything I need. My list in order (front to back) from what you see: I have made two copies of everything (one for me to keep and one to send to my fiance later) Payment Check for the Application Cover Letter I-129F Application I-129F Supplement: Part B, Question 18, Explanation of Meeting In Person G-325A Forms (Petitioner) -w/ passport photo (placed in a bag attached to sheet of paper, behind G-325A form) G-325A and passport style photo (Beneficiary) -w/ passport photo (placed in a bag attached to sheet of paper, behind G-325A form) Birth certificate (Petitioner) Letter certifying intent to marry (Petitioner & Beneficiary) Proof of having met in person in the past two years: All are copies, -Passport Stamps -Airline Itinerary -Airline Boarding Passes -Photographs (placed in a bag attached to sheet of paper) -Engagement Ring Receipt Proof of ongoing relationship -Couple of pages of Emails Being the extremely overally anal person that I am, I always feel like I¡¯m missing something. Anyways, I have some final questions. -How should I send this? What carrier (UPS, FedEx) and what package options? Should I also get a tracking receipt or a ¡°receive¡± receipt or anything? -Anything else I should do/check? Thanks!

My fiance Yanxia was married for a very short while, and now I need to prove to USCIS that she is divorced. I have a few questions: 1, I know that we need a notarised copy of the divorce decree form the notary office 2, we also need the translator to sign a form certifying the translation. 3, The question is do we have to have the tranlated copy notarised as well. The crux of the problem is that the divorce was in Lizhou, a small city whose notary office is unable to translate the document to English. We can get the document translated in Guangzhou but it would be a pain to then get the translated copy notarised back in Lizhou. thanks Jay

I applied for fiance visa and arrived in USA in Jan. Before I came here, I had my medical exam that required by US consulate for visa interview. Now I am applying for the adjustment of status and Form I-693 needed to be filled by doctor. Does anyone here know whether I need another medical exam for adjustment? Thank a lot for kind help.

I was wondering what documents do have to be notarized and which don't? I was searching through this forum and I found a sample "Letter of Intent" for marriage, and it had a line under the bottom paragraph with a notary sworn and oath like "sworn and affirmed by .. on this date... commission ends on" etc.. Is this necessary for the letter of intent?

Here is a collection of documents establishing that a K1 is authorized to work incident to status; proof of that is an unexpired I-94 or EAD. This interpretation appears to have first surfaced by Social Security in a memo in 2000. Most seemed to have interpreted this exclusively in light of getting a SSN... but their language is clear that the I-94 is "PROOF" of work authorization [for getting a SSN and should by logical extension apply to the general concept of "PROOF" of employment eligibility as well.] SS appears to have consistently stated this while USCIS code of federal regulations has struggled through many revisions to produce inconsistency within the regulation as well as leaving contradictory interpretations to SS's position. Since the I-9 is based on the CFR, this has left employers also unclear as to the proper application. Particularly difficult is the comment: "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 [sic] the document(s) within three business days and the actual document(s) within ninety (90) days." It seems that the correct definition, although a minority view, should be based upon the Social Security memos and POMs. If one stays purely within the regulations, then one will not get to the correct interpretation. More recently, SS and CIS have come together and evidence agreement on the SS position of the 2000 memo... As well, an interesting read is the RECOMMENDATION FROM THE CIS OMBUDSMAN TO THE DIRECTOR, USCIS, which really deserves it's own write-up. It takes a CFR-centric view and makes some very good recommendations about EAD. But an interesting footnote states their opinion that "there appears to be no rationale for the EAD requirement for K-1s". --------------- Documents cited: --------------- 1) The Social Security memo Evidence of Employment Authorization?-- 11/1/2000 See: http://www.k1k3.com/stuff/SSNMemo.pdf 2) RM 00203.500 Employment Authorization for Nonimmigrants See: https://s044a90.ssa.gov/apps10/poms.nsf/lnx...opendocument#c1 3) List of Documents Establishing Lawful Alien Status for an SSN Card See: https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument 4) MINUTES OF THE SOCIAL SECURITY ADMINISTRATION AND CIS AILA LIAISON MEETING ON SSA-RELATED ISSUES -- May 8, 2006 See: http://www.tomesparza.com/documents/minssocialcis.pdf 5) RECOMMENDATION FROM THE CIS OMBUDSMAN TO THE DIRECTOR, USCIS -- March 20, 2006 See: http://www.dhs.gov/interweb/assetlibrary/C...AD_03-20-06.pdf 6) The Meaning of 8 CFR 274a.12(a) as it Relates to Refugee and Asylee Authorization for Employment. -- July 17, 2002 See: http://www.uscis.gov/graphics/lawsregs/han...ylees031003.pdf 7) Employment Authorization of Aliens Granted Asylum -- March 10, 2003 See: http://www.uscis.gov/graphics/lawsregs/han...ylees031003.pdf 8) British ExPat Thread: K1 and EAD See: http://britishexpats.com/forum/showthread.php?t=313634 ------------------------------------- Excerpts and comments from the Documents: -------------------------------------- 1) The Social Security memo Evidence of Employment Authorization-- 11/1/2000 - A nonimmigrant alien in K1 alien status is authorized to work based on that status and is no longer required to show employment authorization document (EAD) as proof of employment authorization when applying for a social security card? - Accept as proof of employment authorization an unexpired I-94 showing the alien is admitted as a K1 for a 90 day period. - Some I-94s are issued to K1s are stamped or annotated Employment Authorized, and some are not. Either way, an I-94 is proof a K1 alien is authorized to work. See: http://www.k1k3.com/stuff/SSNMemo.pdf 2) RM 00203.500 Employment Authorization for Nonimmigrants K1 visa holders are aliens in a Class of admission listed as: Aliens Work Authorized Without Specific DHS Authorization This group is stated as those, who are authorized to work in the U.S. without specific authorization from DHS. The person's I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD. Evidence of this work authorization is mentioned as: Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization or an employment authorization document (EAD). The phrase: "Showing a class of admission that indicates the person can work without specific DHS authorization" has been established above as the class that K1s are in. Thus, K1s are work authorized incident to status and proof of that work authorization is either a [unexpired] I-94 OR an EAD. See: https://s044a90.ssa.gov/apps10/poms.nsf/lnx...opendocument#c1 3) List of Documents Establishing Lawful Alien Status for an SSN Card "When an alien listed below has an (*) next to the description, he/she may work only when INS grants employment authorization and issues an EAD." Note that K1s in the list have no (*) by their class, although K2,K3,K4 do have an (*). See: https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument 4) MINUTES OF THE SOCIAL SECURITY ADMINISTRATION AND CIS AILA LIAISON MEETING ON SSA-RELATED ISSUES -- May 8, 2006 "Eliminating need for EAD for noncitizens authorized to work incident to status under 8 CFR ?74a.12(a). In addition to asylees, which have been the subject of various instructional memos and guidance from CIS to SSA, there are other foreign nationals authorized to be employed incident to the status they hold in the U.S. Can SSA work with CIS to get updated guidance to SSA field offices confirming that all L-2 dependents, E-2 dependents, E-1 dependents, and K-1 fiancees are authorized to work without presentation of an EAD card, as stated in CIS regulations, and thus should likewise be able to have SSN issued upon presentation of their status" -- Note they claim CIS regulations do call for K1s as not needing EAD... "CIS agrees that spouses of Es and Ls are authorized to work incident to status and need not present EADs to demonstrate work authorization or to obtain an SSN and has so advised SSA. Since receiving CIS guidance, SSA has been reluctant to assign SSNs to E and L spouses who lack EADs because of difficulties in differentiating a spouse, who is work-authorized incident to status, from a child, who is not. (The I-94 does not identify whether the derivative is a spouse or a child). SSA will accept a marriage certificate, with appropriate translation, as proof that an applicant has been admitted as an E or L spouse. SSA will change its POMS guidance accordingly and will no longer require an E or L spouse to present an EAD to apply for an SSN. CIS and SSA also agree that K-1 fiancees do not require an EAD to evidence work authorization or to apply for an SSN, and POMS will be revised accordingly. Current guidance (to be revised) is at POMS RM00203.600" See: http://www.tomesparza.com/documents/minssocialcis.pdf See: https://s044a90.ssa.gov/apps10/poms.nsf/lnx...opendocument#c1 5) RECOMMENDATION FROM THE CIS OMBUDSMAN TO THE DIRECTOR, USCIS -- March 20, 2006 Lots of interesting recommendations on EAD... but it's also clear that CIS OMBUDSUMAN don't follow the SS position and instead is CFR-centric... but they do point out [in footnotes] that the asylee memo states asylees don't need any EAD due to they are "work authorized incident to status"... And in another footnote they make the logical extension that "the regulations require that the foreign national apply for an EAD. However, this is not the case with asylees, and there would appear to be no rationale for the EAD requirement for K-1s". See: http://www.dhs.gov/interweb/assetlibrary/C...AD_03-20-06.pdf 6) The Meaning of 8 CFR 274a.12(a) as it Relates to Refugee and Asylee Authorization for Employment. -- July 17, 2002 In summary: - aliens listed under 274a.12(a) are "employement authorized incident to status" without restriction... and asyleees are one of the classes (AS ARE K1)... - That confusion is based on the section stating "as evidenced by an employment authorization document issued by the service"... and that the alien asylee, among others (IN THE GROUP, ERGO, K1) must apply to the service for a document evidencing such employment". - A distinct exists between an alien having employment authorization vs an alien having evidence of employment authorization... and one authorized to work may obtain evidence/proof, of which the EAD is one way, and is preferred since it is also an valid ID... but lack of EAD is not lack of employment authorization. See: http://www.uscis.gov/graphics/lawsregs/han...ylees031003.pdf 7) Employment Authorization of Aliens Granted Asylum -- March 10, 2003 Citing 8 C.F.R. 274a.12(a)(5) : Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3) through (a)(8) or (a)(10) through (1)(13) of this section, and who seeks to be employed in the United States, must apply to the Service for a document evidencing such employment authorization. The phrase in 8 C.F.R. 274a.12(a)(5) that lists asylees as employment authorized, "as evidenced by an employment authorization document issued by the Service," has often been the source of confusion or misunderstanding, and is pointed to as further evidence that an asylee must apply for employment authorization. Two options emerge: A ) The phrase could be viewed as a condition of employment authorization. B ) The phrase could be interpreted as referring to the document of choice that the INS will issue to asylees, rather than a condition of employment authorization. "Given that in paragraph (a) of 274a.12, asylees are stated as being employment authorized without condition as a result of obtaining their status, espousing the first interpretation would read this language out of the regulations. " "This point is made clearer when applying the second interpretation to a class of aliens that is not subject to the EAD process. " "Under the plain language of the regulations, then, failing to utilize the EAD application process results in nothing more than the asylee being employment authorized without an INS-issued EAD. Despite this plain language reading of the regulations, some statements made by INS would seem to support the first and more restrictive interpretation of the EAD language in 8 C.F.R. ?274a.12(a)(5). These statements, however, are flawed and, therefore, have little, if any, interpretive value." Citing the 1994 final rule amending 8 C.F.R. 208.20: "The proposed amendments to section 208.20 are designed to ensure that asylees receive their EAD promptly upon application. They do not create new requirements or obstacles for asylees seeking authorization to work. Asylees are among the categories of persons who are eligible for employment incident to their status but must nevertheless apply for an employment authorization document." "Upon analysis of the italicized portions of this paragraph, it is evident that a number of misstatements were made" - Employment authorization is incident to status, so asylees will not be separately seeking work authorization from the INS; The regulations at 8 C.F.R. ?274a.12(a)(5) do place a requirement on asylees, but that requirement has to do with asylees seeking evidence of employment authorization rather than employment authorization itself. - "[a]sylees are among the categories of persons who are eligible for employment incident to their status but must nevertheless apply for an employment authorization document's also incorrect. Section 274a.12(a)(5) lists asylees not as aliens who are eligible for employment incident to their status, but, instead, as aliens who are authorized for employment incident to their status. - "ince authorization for employment is a discretionary immigrant benefit's likewise incorrect. Because of the mandatory language in the statute, the Attorney General has no discretion to withhold employment authorization once an individual is granted asylum." "By policy directive, asylees are provided with the Form I-94 containing an endorsement of their work-authorized asylee status which, therefore, constitutes an endorsement of their work authorized status." [ It should be noted that each section of 8 C.F.R. ?274a.12(a) contains this same quoted language ("as evidenced by an employment authorization document issued by the Service,"), and thus the interpretation of this is not exclusive to asylees; K1s are contained in 8 C.F.R. 274a.12(a)(6) ] See: http://www.uscis.gov/graphics/lawsregs/han...ylees031003.pdf 8) British ExPat Thread: K1 and EAD Citation to the US Code of Federal Regulations would require a depth step-by-step analysis in order to provide explanation of how all of the provisions implicated by this question interrelate. In general, however, the progression is as follows: 1. K-1 classification may last no longer than 90 days. 2. K-1 classification is for fiance(e)s of US citizens only. 3. As soon as a K-1 alien marries, he/she is no longer a fiance(e). 4. K-1 aliens are work authorized incident to status, per 8 CFR 274a.12(a)(6). 5. K-1 work authorization may last no longer than the status lasts, whether the documentation issued to the K-1 alien has expired or not. 6. An employment authorization document is required under 274a.12(a)(6) to K-1 aliens, although INS General Counsel takes the position that 274a.12(a) aliens (unlike 274a.12 aliens, for example) are work authorized incident to status (i.e upon INS-issued proof of status). However, the public has not been formally advised of this interpretation. 7. Some K-1 aliens who are unaware of this interpretation apply for EAD's at INS Service Centers, where the processing period of 90 days essentially eviscerates the work authorization and the document may arrive after the fiance(s)'s status has already changed to spouse. Some K-1 aliens are issued EAD's at INS field offices. Some are issued Forms I-94 stamped "employment authorized." This varies from area to area within the US. 8. An EAD is automatically invalidated if the status which entitled the alien to the employment authorization ceases, whether or not the EAD has expired. [source of this was mentioned as possibly USCIS Office of Business Liason, but I could not verify that] See: http://britishexpats.com/forum/showthread.php?t=313634

Hi all, I'm a foreign K1 beneficiary in China. Happy to let you know that I passed my interview yesterday. It lasted for about 3 to 4 minutes. The questions asked were: 1. It seems you're here alone, where are your children? They're not with me in China. He then cancelled the names of my children on the appointment letter and said "Ok, it means they will be interviewed in your country, we shall arrange for "follow to join''. 2. What do you do on China? I teach ...... 3. For how long have you been in China? 3 years. 4. How did you meet your fiance? ..... 5. How many times has he visited you in China?... 3 times 6. What does your fiance do for a living? He's a Registered Nurse 7. Where was your fiance before he relocated to another state?..... 7. Do you have any photos? Yes gave him an album. (I had 3 albums but the VO looked through one). The VO commented on my resume and qualifications, I guess he was impressed. He also noted the fact that I worked as a Research Supervisor in an International Organization (not in China). I was really impressed at the embassy yesterday because all the people who attended to me gave me so much confidence with the smiles on their faces. The Chinese guy who put my documents together was very nice and friendly. The lady who took my finger print was very friendly too and correctly pronouced my jaw breaking names. The VO was really wonderful! God Bless him real good. And many thanks to you all on candleforlove for the invaluable information available on this site. Have a good one!

Hello, My wife went for her biometrics last week. Is there a general rule as to when the "work permit" will be sent out after the bio is completed? Also, I have heard others say that they received a green card without an interview. How often does this happen and what is the factor that controls whether a interview is performed or not? If a interview is needed - how far out is it usually scheduled? Thanks, Scott

I have read the below message on the consulate website.. which states that the DS-157 only needs to be submitted in english (the chinese version does not have to be filled out). 1. Is this applicable to K-# visa applicants? 2. If #1 is yes, is this also true of the DS-156? ---- DS-157 Supplemental Nonimmigrant Visa Application All applicants 16 years of age and older must complete the DS-157 application form, which is one page. Click here to download the DS-157 form, type your answers in the space provided below each item and print out the completed form. You don't need to fill out a Chinese DS-157, but if you need its Chinese translation to help understand the English form, click here. (Note: When filling out Item 3 'Full Name (In Native Alphabet)', Chinese applicants should write down their full name in Chinese characters. Chinese applicants must also fill out items 5, 6, 7, 12 & 17 in Chinese characters.)

My wife got here on a K-1 Visa, and had the required medical exam in China on September 24. We filed our AOS application on January 6. Now we got an RFE saying that she needs to get a medical exam and send in an I-693. I called the 800 number listed and they were not very helpful. They said we need to send a letter back with the RFE if we want to dispute the need for an I-693 - saying my wife is here on a K-1 Visa (shouldn't they know that?) and that she had a medical exam in September 2005 and we filed the AOS in January 2006 (again, you would think they would know all of this!). Now the way I read the rules in the I-693 FAQ - http://uscis.gov/graphics/i-693faq.htm - for K-1 Visa's if you had a medical exam within 1 year of filing AOS, you do not need to get a medical exam in the US - nor do you need to send in the I-693. We did get her vaccines here in the US and sent in the Vaccine Supplement form with the AOS. So I am wondering what to do. I don't want to hold up our AOS application, which within the past few weeks got transferred to the California office for "faster processing". Any suggestions would be appreciated. I guess we will try sending in a letter, but I hate to get yet another RFE a few weeks later saying we still need a medical exam and an I-693! Thanks, Fred

Ok, Jie received her SS# card today. As I remember, from the www.SSA.gov website, they said "The K-1 symbol on your immigration document indicates that you are the fiancee of a U.S. citizen and you are eligible to work. We, therefore, can assign you a number and card so that you can work." I assumed that once she got the # and the card, she can work. However, on her SS card they typed the following: "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" Did I miss something, or did they miss something? Is there another step now? Shouldnt she already be eligible according to the SS website?

My SO does not have the I-134 for her March 10 interview. Can a faxed copy work at the interview?