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Help with the AOS process....


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Hello,

 

I am about to file the AOS documents for my wife. I have a few questions about these forms.... Can somebody please try and answer my questions. I will feel better knowing it is all complete (flawless).

 

I-765:

1) #16 - The code I am told is "c 9"..... Is there any other code that may apply to a K3 visa app?

 

I-864:

1) Does it really matter if there are NO "assets" listed? I make more than enough money to qualify.....

 

I-485:

1) Her I-94 has 9 digits, a small space, then 2 more digits. The space looks like it could be missing a digit (I can see some partial ink there)..... How many digits are normal for the I94 numbers being issued at LAX?

2) Under part 2 - Which block is to be checked? I have choosen "c", but am very unsure of this. She is a K3 visa holder. I figure it could be either " a, b, or c"...........?????

3) Which number is the "visa number"? The red number (8 digits), or the longer number called the "control number"???

 

I think the G-325 is a "no brainer".......

 

I really would appreciate these answers, but also any advice anybody has on this process - I want it flawless. I'm so nervous that I will screw something up that will cause us problems down the road.

 

Thanks,

Scott

Edited by m-coon (see edit history)
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Also,

 

I thought I heard there were changes in the requirement of "tax returns".... Does anybody know the current requirement for what they will accept? If it is now only one year - is it still best to send three years instead? Are copies of the W-2's required?

 

Thanks,

Scott

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I-765:

 

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

 

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

 

I-864:

you don't need to list assets if your income will do it... keep it simple.

 

I-485:

 

1) I-94 number: My wife's is as you describe... 9 digits a space and then two more numbers... I put it on the form exactly as this.

 

2) You would not be "C".. this is for K1... I could guess which one you are, but prefer someone else state this for certainty...

 

3) Visa number: red and 8 digits.

 

Taxes:

- According to one poster, if your interview is April or later, then you need 2005 taxes as the most current...

- The I-864 instruction sheet says to send three years of taxes... and to include W2s if you have a joint filing which needs you to separate out our portion. I know that most advise to send copies of W2s anyway (although I did not send any).

 

-----

 

You don't state if your filing EAD with the AOS petition... but I assume so...

 

You should fill out each packet as if they are completely independent filings (although you can mail them together).. don't assume any document is redundantly used for both petitions.

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I-765:

 

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

 

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

 

I-864:

you don't need to list assets if your income will do it... keep it simple.

 

I-485:

 

1) I-94 number:  My wife's is as you describe...  9 digits a space and then two more numbers...  I put it on the form exactly as this.

 

2) You would not be "C".. this is for K1...    I could guess which one you are, but prefer someone else state this for certainty...

 

3) Visa number:  red and 8 digits.

 

Taxes:

- According to one poster, if your interview is April or later, then you need 2005 taxes as the most current...

- The I-864 instruction sheet says to send three years of taxes... and to include W2s if you have a joint filing which needs you to separate out our portion.    I know that most advise to send copies of W2s anyway (although I did not send any).

 

-----

 

You don't state if your filing EAD with the AOS petition... but I assume so...

 

You should fill out each packet as if they are completely independent filings (although you can mail them together).. don't assume any document is redundantly used for both petitions.

192336[/snapback]

Thanks David....

 

Yes, sorry, I am filing the forms together.

 

Scott

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2) You would not be "C".. this is for K1...    I could guess which one you are, but prefer someone else state this for certainty...

192336[/snapback]

I agree with David on the other information. On this one, I think the category is box "a" for the K-3. Be sure to attach a copy of the I-130 approval notice.

 

On form I-864... are they expecting you to write in the poverty level income from the graph - or add in the additional 25% to that amount ?????

 

If you go to http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf you'll see the current chart. Just go down the "Sponsor's Household Size" column for your family and then go to the far right column ("125% of Poverty Line") and use that number. For example, if your household size is 3, the number you would put on the I-864 is $20,112 (assuming you live in one of the contiguous 48 states). Be sure to show 2005 as the year.

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