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AOS Documentation Checklist


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This was sent to me by my attorney. This is the format I am following right now and wanted to share with all of you. Please feel free to comment or let us know of any changes or updates to this checklist. (one thing I might add is that I am wary of having my so apply for I-131 Advanced Parole since I have heard this has delayed the issue of the green card.

Thanks.

 

AOS Documentation Checklist (K1/K2)

 

Prepare the following documents in the order provided:

Form I-485 Application to Adjust Status.

• Fees: The link immediately above (Form I-485) includes the current I-485 filing fee and current Biometrics fee. Each Foreign Applicant, age 14 to 79, must complete Biometric fingerprinting which will be scheduled at a later time after filing for AOS. Right now you only need to submit the fee (even if fingerprinted as part of K visa processing). Staple separate cashier¡¯s checks or money orders payable to ¡°Department of Homeland Security¡± to the face page of the form I-485.

 

• Copy of your I-797, Notice of Action. The USCIS mailed a brown sheet directly to you at the time of USCIS approval. We also provided you our green sheet original when we mailed financial materials to you as part of K visa processing. You may copy either form.

• Copies of the following:

 

U.S. Citizen¡¯s Birth Certificate

U.S. Citizen¡¯s Naturalization Certificate or Certificate of Birth Abroad, if born abroad

Foreign Applicant¡¯s Birth Certificate

Adoption Certificate if the Foreigner Applicant is a K2 Visa dependant child and was adopted

Foreign Applicant¡¯s Passport photo and signature page and nonimmigrant K visa page

Form I-94 Arrival and Departure Record, which is the white, perforated 3 x 5 card that was inserted into the foreigner¡¯s passport upon arrival in the U.S. In some cases, the foreigner received a green I-95 card instead.

Divorce decrees of U.S. Citizen showing legal termination of all other marriages.

Divorce decrees of Foreign Applicant showing legal termination of all other marriages.

 

• Police Clearances: Not required for foreigners who entered on a K Visa.

• Medical Exam: Not required for foreigners who entered on a K Visa.

• Vaccination Supplement: If the Foreign Applicant had vaccinations completed overseas as part of K Visa processing, and if the vaccination results were forwarded to the Consulate, then no further proof of vaccinations are required. However, if vaccinations were not undertaken as part of K Visa processing, then the Foreign Applicant must have the I-693 Supplement completed by a U.S. Immigration certified physician. You can locate a doctor nearest you by reviewing information published by your local USCIS District office. Check your Local USCIS District Office to find your nearest USCIS office.

Foreign Language Documents: Any foreign language documents must be translated into English along with a Notarized Certificate of Translation.

 

• Form G-325 Biographical Information for the U.S. Citizen. Include one original signed form. The Foreign Applicant¡¯s information goes in the bottom box.

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

 

Form G-325A Biographical Information for the Foreign Applicant. Include one original signed form and one copy of the signed form. If the Foreign Applicant is a child under the age of 14 years of age, the foreigner¡¯s parent may sign for the child.

Passport Photo: Staple one Passport Photo for the Foreign Applicant to the front of the form G-325A. See attached Passport Photo specification sheet.

 

Form I-864 Affidavit of Support. This form must be completed even though you also completed Affidavit of Support form I-134 as part of K visa processing.

 

• Fees: The above link includes the current filing fee. Staple the filing fee together with the other two checks on the facing page of the form I-485.

Most recent Federal Income Tax return showing income of at least 125% more than current Federal Poverty Guidelines. Line 22 of your tax returns must show more than the minimum required. Capital gains does not count, nor does passive income from investments. The USCIS is looking for an ongoing stream of income from wages, retirement, and the like.

 

Note: If you are on active duty in the U.S. Armed Forces, then you are subject to 100% of poverty guidelines, not 125%:

Proof of your active military status

 

W-2s or 1099s if you are an employee

Letter from Employer if you are an employee

Several recent pay stubs if you are an employee

Recent bank statement: You should include minimal evidence of liquid assets, but proof of assets is not required provided you meet minimum income requirements

 

For Child Foreign Applicants: You may include the original, signed form I-864 with the Foreign Spouses AOS and a copy of the I-864 with supporting documents with the child¡¯s AOS.

Financial Co-Sponsor: If you do not meet income requirements, then you must still complete form I-864, with supporting documents. In this case you must also have a U.S. citizen (or Lawful Permanent Resident) who is residing in the U.S. act as a financial co-sponsor. The co-sponsor will complete a separate form I-864, with supporting documents of the co-sponsor. In addition, the co-sponsor must include a copy of proof of U.S. Citizenship or LPR status. A copy of a birth certificate or passport photo and signature page will do. If the co-sponsor is an LPR, then include a copy of his or her green card. Somewhere in the margins on the front of the co-sponsor¡¯s form I-864 write the name of the Foreign Applicant for ease of reference. In addition, we highly recommend the following two filings that are not required. Request for travel permission and work authorization are each separate filings that will go in the same envelope as the I-485 AOS.

Travel Permission

 

Form I-131 Advance Parole. The K1 and K2 fiancee visas are single entry visas. If your spouse wants to depart the U.S. prior to the AOS interview, she must have received an approved Form I-131 before departing the U.S. This document is normally processed and approved within three months and will allow her to re-enter the U.S. Your fiancee cannot leave the U.S. (and get back in) until she has married you and either passed her AOS interview or received an approved Travel Document from the USCIS.

 

• Filing Fees: The above link includes the current filing fee. Staple the filing fee to the facing page of the form I-131.

Passport Photo: Staple two Passport Photos for the Foreign Applicant to the front of the form I-131.

Work Authorization

 

Form I-765 Authorization for Employment (if seeking employment while AOS is pending) Even if your spouse or children do not intend to work, they can use USCIS work authorization to obtain a Social Security number that is useful for many different purposes. A Social Security number is often available to a foreigner on a K visa if obtained within 30 days of arrival in the U.S. Check with your local Social Security Administration office.

 

• Filing Fee: The above link includes the current filing fee. Staple the filing fee to the facing page of the form I-765.

Passport Photo: Staple two Passport Photos for the Foreign Applicant to the front of the form I-765.

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too much stuff... some is not applicable....

 

This is your SOs package to file as a family-based adjustment.

 

The only thing from the USC is the I-864 and supporting docs.

 

Our FAQ has a sample as follows:

 

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

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David has this well documented.

 

The only thing I can ad is when getting ready to do a

filing the instructions can seem overwhelming.

 

A good rule is to read through several times and the

highlight all items that pertain to your case.

 

Assemble everything in the same order as requested

in the instructions with cover letter, photos and check$

on top.

 

Keep 5 copies of everything sent! :ph34r:

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  • 8 months later...

OK, Stupid question time again. In regard to the G-325A does USCIS want all the copies sent in the I-485 packet? Since you have to break the whole thing down into basically five small ones [1-485,I-765, I-864,I-131 and the sealed I-693] that would seem to be one for each.

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Guest Mike and Lily

OK, Stupid question time again. In regard to the G-325A does USCIS want all the copies sent in the I-485 packet? Since you have to break the whole thing down into basically five small ones [1-485,I-765, I-864,I-131 and the sealed I-693] that would seem to be one for each.

 

We just put all the G-325A's together and all the other forms as well into one big packet. We used a cover letter to describe how the packet was organized. Here are some examples of cover letters and how they organized their packets:

 

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

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OK, Stupid question time again. In regard to the G-325A does USCIS want all the copies sent in the I-485 packet? Since you have to break the whole thing down into basically five small ones [1-485,I-765, I-864,I-131 and the sealed I-693] that would seem to be one for each.

G-325A is being used for the I-485, so should be with the I-485, it is recommended to keep each application separate but in the same envelope.

 

So I-485+G-325A+I-864 And supporting docs, I-765 and docs, and I-131 + Docs.

 

Do not share any docs among the applications each needs it's own copies of evidence.

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That's what I was thinking. 485 is the only one that specifically asks for it. When you fill 325A out online it prints out 4 copies. There are numbered in the lower left corner. 4th copy is listed as the Consulates copy. Isn't this the same as the one I filled out like 4 years ago for GUZ?

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That's what I was thinking. 485 is the only one that specifically asks for it. When you fill 325A out online it prints out 4 copies. There are numbered in the lower left corner. 4th copy is listed as the Consulates copy. Isn't this the same as the one I filled out like 4 years ago for GUZ?

Yes, we just sent them all 4 pages.
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one thing I might add is that I am wary of having my so apply for I-131 Advanced Parole since I have heard this has delayed the issue of the green card.

The question really is do you feel like wasting the money just so the AP is (possibly) available should an emergency arise before the g/c arrives, regardless of how long the g/c takes?

 

Well, that is a lot of information you provided. Thanks for taking the time, and effort, to share it.

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