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#1 david_dawei

david_dawei

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Posted 20 October 2005 - 08:57 PM

AOS FAQ

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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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Pre-AOS

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. 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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Section two: Questions related to SSN

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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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Section three: Questions related to AOS

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AOS

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 AQS 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 is the ASC code for?
Q. What is the difference between the fingerprints and biometrics?
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. My AOS interview is coming up on our 2 year anniversary, what card will we receive?
Q. What happens if her K3 visa expires?
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 ?

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Section Four: Questions related to EAD

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EAD

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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Section five: Questions related to AP

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AP

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

Edited by DavidZixuan, 15 January 2006 - 03:14 PM.


#2 david_dawei

david_dawei

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Posted 03 November 2005 - 08:38 AM

===================================================================
Section xxx: 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?


------------------------------------------------------------------------------------------------------------
(2 Nov 2005)

Q How can I get a SSN number?

A.
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.
A.
More info:

Social Security FAQ:
http://ssa-custhelp....php?p_faqid=576


Social Security Office Locator
https://s044a90.ssa..../FOLO/fo001.jsp


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


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(2 Nov 2005)


Q. What are some Visa type specific comments?


A.
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.


A.
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.


K2:
A.
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.
A friend of mine had to get an EAD for his 11 year old daughter before she could an SSN.

A.
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.

A.
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.


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:
A.
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.


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(27 Dec 2005)

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

A.
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.

A.
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.

A.
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.

A.
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.
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.

A.
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?

A.
NO. You can get married without a SSN.


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(19 Oct 2005)

Q Is the SSN needed for health insurance benefits?


A.
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

A.
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 ?

A.
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.


A.
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.


A.
More Info:
SSN and EAD, for K-1 holder
http://candleforlove...?showtopic=8206




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(2 Nov 2005)

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

A.
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.

A.
More info:

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



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(2 Nov 2005)


Q. Where can I get additional Information?


Visa Journey and SSN
http://www.visajourn...ndex.php?pg=ssn


SSA Policies on K-1 SSN, What SSA Says About It.
http://candleforlove...showtopic=10720


SSN Online, K1 and SSN:
http://ssa-custhelp....php?p_faqid=576


SSN Memo:
[media]http://www.k1k3.com/stuff/SSNMemo.pdf[/media]


Social Security and Taxpayer ID Requirements for Aliens
http://www.twmlaw.co...neral28cont.htm


Information about obtaining a Social Security Number
http://www.kamya.com/ssn/



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===================================================================
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Edited by DavidZixuan, 27 December 2005 - 03:57 PM.


#3 david_dawei

david_dawei

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Posted 12 November 2005 - 09:57 PM

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

Section xxx: Questions related to AP

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

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

------------------------------------------------------------------------------------------------------------
(6 Nov 2005)

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

A.
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.

A.
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.

A.
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.

A.
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.

A.
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.

A.
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.

A.
More info:

Travel outside the US for K visa holders
http://candleforlove...?showtopic=1361

How Do I Change My Fiance(e)’s Status to Lawful Permanent Resident?
http://uscis.gov/gra...i/hdifiance.htm

Advanced Parole (Travel Document)
http://www.immihelp....nce-parole.html

Frequently Asked Questions about Advance Parole
http://www.hooyou.co...parole/faq.html

IMMIGRANTS REMINDED TO OBTAIN ADVANCED PAROLE
BEFORE TRAVELING ABROAD

http://uscis.gov/gra...velAdvisory.pdf



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(6 Nov 2005)

Q. When can I file for AP?

A.
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.

A.
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.

------------------------------------------------------------------------------------------------------------
(6 Nov 2005)

Q. What is filed for AP?

A.
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

A.
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.


A.
More info:

Form I-131
http://uscis.gov/gra...forms/i-131.htm

How Do I Get a Travel Document?
http://uscis.gov/gra...doi/travdoc.htm

Advanced Parole:
http://uscis.gov/gra...doi/travdoc.htm


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(6 Nov 2005)

Q. What is an example 'Explanation' for the AP application?

A.
"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."


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)

Q. Can I check my status online?

A.
Select the district office where you'll be filing

https://egov.immigra...jsps/ptimes.jsp


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(6 Nov 2005)

Q. How long is the Advanced Parole good for?

A.
Advanced Parole(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.

A.
More info:

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


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(6 Nov 2005)

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

A.
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

A.
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


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(6 Nov 2005)

Q. What will the approved Advanced Parole look like?

A.
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.

------------------------------------------------------------------------------------------------------------
(6 Nov 2005)

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. "

A.
More info:

Emergency Travel
http://uscis.gov/gra...ices/Emergency/



------------------------------------------------------------------------------------------------------------
(6 Nov 2005)


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


A.
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.


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)

[b]Q. Can I travel to Canada on AP?


A.
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.

Edited by DavidZixuan, 10 December 2005 - 10:43 PM.


#4 david_dawei

david_dawei

    Dao Ke Dao Fei Chang Dao

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Posted 12 November 2005 - 09:57 PM

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

Section xxx: Questions related to EAD

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

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. Our AOS interview isn't for another month. So we filed for an EAD renewal. If we don't get the renewal by the expiration date, does my wife have to stop working?
Q. Where can I get additional Information?

------------------------------------------------------------------------------------------------------------
(6 Nov 2005)

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

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

A.
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.

A.
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.

A.
More Info:

Employment Authorization and SSN
http://candleforlove...=ST&f=14&t=9057


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)


Q. When can I file for EAD?

A.
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:

A.
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."

A.
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.

A.
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.


A.
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:

A.
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".

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

A.
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.

A.
Get married, 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.

A.
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.


A.
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.


A.
More info:

How Do I Get a Work Permit (Employment Authorization Document)?
http://uscis.gov/gra.../howdoi/ead.htm


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)


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

A.
If you are filing for the EAD with the AOS or after you filed for AOS, your category is ( c )(9).
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.


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)


Q. How long is the EAD good for?

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

A.
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.

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


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)

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

A.
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.


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)


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


A.
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.

A.
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.

A.
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".


A.
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 -

A.
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.

A.
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.

A.
More Info:

K1 and EAD:
http://candleforlove...?showtopic=2303

Frequently Asked Questions About Employment Eligibility
http://uscis.gov/gra.../howdoi/EEV.htm

About Form I-9, Employment Eligibility Verification
http://uscis.gov/gra...wdoi/faqeev.htm


------------------------------------------------------------------------------------------------------------
(6 Nov 2005)


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

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

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

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

------------------------------------------------------------------------------------------------------------
(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?

A.
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.



------------------------------------------------------------------------------------------------------------
(6 Nov 2005)


Q. My wife's EAD will expire soon. Our AOS interview isn't for another month. So we filed for an EAD renewal. If we don't get the renewal by the expiration date, does my wife have to stop working?

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

A.
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.)"


A.
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.

A.
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).

A.
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.

A.
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.

A.
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.


A.
More Info:

Answers to selected questions, see # 4:
http://www.usvisanew...est012600.shtml



------------------------------------------------------------------------------------------------------------
(13 Nov 2005)

Q. Where can I get additional Information?


A.
Visa Journey and EAD:
http://www.visajourn....php?pg=k1k3ead

Employment Authorization for Nonimmigrants
http://policy.ssa.go...33;opendocument

Edited by DavidZixuan, 10 December 2005 - 10:43 PM.


#5 david_dawei

david_dawei

    Dao Ke Dao Fei Chang Dao

  • Banned
  • 17,792 posts

Posted 12 November 2005 - 09:57 PM

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

Section xxx: Questions related to AOS

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

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. 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. 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 ?

------------------------------------------------------------------------------------------------------------
(10 Dec 2005)

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.

A.
This time around your wife [Chinese national] is the applicant not you [USC]. You [USC] are only providing the affidavit of support.


[Editor: The petition and package is from the Chinese national. The instructions for what is needed should be understood as applying to them (ie: birth certificate, pictures, etc). ]


------------------------------------------------------------------------------------------------------------
(10 Dec 2005)

Q. Issues related to I-864


------------------------------------------------------------------------------------------------------------
(10 Dec 2005)

Q. Issues related to G-325a

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


------------------------------------------------------------------------------------------------------------
(10 Dec 2005)

Q. Issues related to K4 filing

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

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

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

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)


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

A.
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


A.
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 ADIT photos to the relevant application, but do not staple since damage might occur to the picture.


A.
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


A.
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.

A.
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.

A.
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!


A.
More Info:

AOS Cover Letter, Couldn't find one, so here's my draft
http://candleforlove...showtopic=13374

Eric's Famous AOS Filing List
http://candleforlove...wtopic=3980&hl=

I-485 Info:
http://uscis.gov/gra...forms/i-485.htm

USCIS Assembly Instructions:
http://uscis.gov/gra...ional/index.htm

(see assembling the package and general tips)

National Benefits Center FAQ:
http://uscis.gov/gra...ces/nbc/faq.htm

G-325a form:
http://uscis.gov/gra...orms/g-325a.htm

I-485 form:
http://uscis.gov/gra...forms/i-485.htm

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)


Q. Where do I mail the AOS Package ?

A.
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

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

Q. How do I check my AOS case ?

A.
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.


A.
USCIS online case status:
https://egov.immigra.../jsps/index.jsp


------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

Q. How should change of address be done?

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

A.
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).

A.
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,

A.
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

A.
more info:

How Do I Report a Change of Address to the USCIS?
http://uscis.gov/gra...doi/address.htm

AR-11 Form:
http://uscis.gov/gra...forms/ar-11.htm

I-865 Form:
http://uscis.gov/gra...forms/i-865.htm



------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

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


A.
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.

A.
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.

------------------------------------------------------------------------------------------------------------
(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.

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

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

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

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

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

A.
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.

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

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

A.
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.

A.
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.

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)


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


A.
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.

A.
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!


A.
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.

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

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)


Q Is the USC required to attend the AOS interview?

A.
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.


------------------------------------------------------------------------------------------------------------
(27 Nov 2005)


Q Is an interpreter necessary?


A.
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.


A.
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.

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)


Q. What should be brought to the AOS interview?

A.
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 etc etc. 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.

A.
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.

------------------------------------------------------------------------------------------------------------
(27 Nov 2005)


Q. What will occur at the AOS interview?


A.
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.

A.
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.



------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

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

A.
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.



------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

Q. What happens if her K3 visa expires?

A.
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.

A.
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."

A.
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.

A.
More info:

If K-3 visa expired..., what happens next... how to renew...
http://candleforlove...wtopic=7542&hl=

INS Memo on unlawful presence
http://www.americanl...awfulmemo1.html

State Department Cable (on Federal Register)
http://www.immigrati...ws/news1125.htm

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



------------------------------------------------------------------------------------------------------------
(27 Nov 2005)

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

A.
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.


------------------------------------------------------------------------------------------------------------
(1 Dec 2005)

Q. Is there really a name check for AOS ?

A.
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.

A.
More info:

aos limbo, green card not recieved yet
http://candleforlove...showtopic=13632

Edited by DavidZixuan, 30 January 2006 - 01:36 PM.


#6 david_dawei

david_dawei

    Dao Ke Dao Fei Chang Dao

  • Banned
  • 17,792 posts

Posted 13 November 2005 - 08:31 PM

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

Section xxx: 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. 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 wife is pregnant. What do we do about the civil surgeon appointment?
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?

------------------------------------------------------------------------------------------------------------
(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.

------------------------------------------------------------------------------------------------------------
(10 Dec 2005)

Q. I-94

A.
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.

------------------------------------------------------------------------------------------------------------
(19 Oct 2005)


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


K1:

A.
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.

A.
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.

A.
Get married, 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.

A.
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.

A.
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.
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.


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?

------------------------------------------------------------------------------------------------------------
(15 Jan 2006)

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

A.
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.

A.
More info:

Over 90 Days
http://candleforlove...showtopic=11665

------------------------------------------------------------------------------------------------------------
(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¡¯ ?

A.
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.

A.
More info:

K1 holder- do i have enough time?, date to get married is close to 90days
http://candleforlove...showtopic=14533


Suggestions on Filing AOS, should we wait?
http://candleforlove...showtopic=14425

Straight From The Horses Mouth, Info On How To Apply for AOS
http://candleforlove...showtopic=11662

------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

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

A.
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.

A.
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

A.
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

A.
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.

A.
when i 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. her ssi card had to be change to our married name.

A.
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

A.
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...


A.
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.

A.
More info:

Filing for AOS, but confused about wife's last name
http://candleforlove...topic=12408&hl=


Change name after arrival in US?, Newbie is curious
http://candleforlove...?showtopic=2100


legal name change
http://candleforlove...?showtopic=6068


Name Change, She wants a new name
http://candleforlove...?showtopic=8670

------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

Q. Where can I find a Civil Surgeon?


A.
Civil Surgeon Locator:
http://uscis.gov/gra...ec/cs/index.asp



------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

Q. What should I bring to the Civil Surgeon?

A.
1. Passport with I-94 attached
2. Vaccination book or any proof of past vaccinations via blood test results

------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

Q. Vaccinations?

A.
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.

A.
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.

A.
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.

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

A.
More info:

Technical Instructions to Civil Surgeons
http://www.cdc.gov/ncidod/dq/civil.htm


------------------------------------------------------------------------------------------------------------
(19 Oct 2005)


Q. Is a physical required for the AOS filing?

A.
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 fianc?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.?
A.
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.?
A.
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.

A.
More info:

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


------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

Q. What should I get from a civil surgeon?


A.
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. ?

------------------------------------------------------------------------------------------------------------
(19 Oct 2005)


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


A.
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"

A.
I-693 FAQ:

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


A.
More info:

I-693 Supplemental Form:
[media]http://www.cdc.gov/NCIDOD/DQ/pdf/ti-03/appdx-a_693vacc.pdf[/media]


[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]


------------------------------------------------------------------------------------------------------------
(1 Dec 2005)

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

A.
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.

A.
[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.

A.
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.


------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

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

A.
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.
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.

A.
More info:

DOS Rule on Affidavits of Support: Guidance on Reading and Evaluating I-864
http://www.americanl...davitrule2.html

Some questions, on I-864
http://candleforlove...showtopic=13289

I-864 form:
http://uscis.gov/gra...forms/i-864.htm

I-864a form:
http://uscis.gov/gra...orms/i-864a.htm

------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

Q. I-864 and Poverty level issues?

A.
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.

A.
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.

A.
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 2005
Sponsors Household size - 125% of poverty line
2 - $16037
3 - $21112
4 - $24187
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
9 FAM 40.41 Notes:
[media]http://foia.state.gov/masterdocs/09fam/0940041N.pdf[/media]

Affidavit of Support: I-134 & I-864
http://www.visajourn....php?pg=support

I-864 Fact Sheet:
http://uscis.gov/gra...eets/affaqa.htm

1-864 Check List:
http://travel.state..../info_1329.html

I-864 FAQ:
http://travel.state..../info_1328.html

How do I file an Affidavit of support for a relative?
http://uscis.gov/gra...doi/affsupp.htm


------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

Q. Where can I get sample forms?

A.

USCIS:
http://uscis.gov/gra...forms/index.htm

http://uscis.gov/gra...ional/index.htm

VisaPro Fillable Forms:
http://www.visapro.c...ms-Download.asp

Visa Journey:
http://www.visajourn...p?act=Downloads

Samples on Visa Journey:
http://www.visajourn...php?pg=examples


------------------------------------------------------------------------------------------------------------
(8 Nov 2005)

Q. What fees can be expected?

A.
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 & Fingerprint
Fee... $70

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

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

Edited by DavidZixuan, 29 January 2006 - 08:42 PM.


#7 Guest:Paul_*

Guest:Paul_*
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Posted 12 December 2005 - 07:22 PM

AOS FAQ 

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

Pre-AOS / SSN / AOS / EAD / APFAQ

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

Section One: Questions related to pre-AOS filing

-------------------------------------------------------------------------------------------------------------------

Pre-AOS

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. 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?

-------------------------------------------------------------------------------------------------------------------

Section two: Questions related to SSN

-------------------------------------------------------------------------------------------------------------------

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 ~{!0~}Not authorized to work~{!1~}, 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

-------------------------------------------------------------------------------------------------------------------

AOS

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 AQS 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. 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. What is the ASC code for?
Q. What is the difference between the fingerprints and biometrics?
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. My AOS interview is coming up on our 2 year anniversary, what card will we receive?
Q. What happens if her K3 visa expires?
Q. We just found out we have two ~{!0~}A~{!1~} 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

-------------------------------------------------------------------------------------------------------------------

EAD

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

-------------------------------------------------------------------------------------------------------------------

AP

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

View Post

Good job on getting this information out, thank you very much. Paul

#8 ameriken

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Posted 14 January 2006 - 06:17 PM

Great faqs David, and I have a question. I dont think this will be a problem, however I have often wondered what happens to this process if a K1 gets married at 91+ days.

Any related info on this £¿

Edited by ameriken, 14 January 2006 - 06:18 PM.


#9 david_dawei

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Posted 15 January 2006 - 12:06 AM

Over 90 Days
http://candleforlove...showtopic=11665

#10 ameriken

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Posted 15 January 2006 - 08:32 AM

Over 90 Days
http://candleforlove...showtopic=11665

View Post

Great thread David, thanks. It seems the point is: dont screw with the 90 day time limit.

Apparantly, marrying and AOE may not necessarily be a major problem, but leaving the country and coming back with a second visa could be big trouble.

#11 david_dawei

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Posted 15 January 2006 - 03:21 PM

based on your question, I added it to the FAQ since it is very close to the question of "What happens if I marry but don't apply within 90 days", and added more links to the latter one... and put them both under the "Pre-AOS" section since they are really questions prior to filing...

I tend to think of the FAQ as a kind of IAQ as well (Importantly Asked Question)... and these two issues are truly important to those who fall into that 90+ day time. THANKS!

#12 ameriken

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Posted 15 January 2006 - 04:58 PM

based on your question, I added it to the FAQ since it is very close to the question of "What happens if I marry but don't apply within 90 days", and added more links to the latter one...  and put them both under the "Pre-AOS" section since they are really questions prior to filing...

I tend to think of the FAQ as a kind of IAQ as well (Importantly Asked Question)...  and these two issues are truly important to those who fall into that 90+ day time. THANKS!

View Post

Thanks to you too, the faqs, iaqs and links you provide have all been a wealth of excellent information !


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