I-485 I-765 I-864 questions, sorry if ans before...

[Daviation]

Maybe the following questions have been answered before, but I'm struggling with a few specifics and wondering if anyone can help.

 

Thanks in advace!

 

David

 

I-485 Application to Register Permanent Residence or Adjust Status

 

1/ This form does not even ask if/when we got married. As application is contingent on marriage, where does this get documented? After everything we¡¯ve been required to provide, I find it very odd that we are not asked to provide a certified copy of marriage license. Further, they don¡¯t even ask ¡°when¡± we were married? This makes no sense...

 

2/ Do we use new married name on this form?

 

3/ If we wish to travel back to China in future, and she wishes to use here Chinese passport with her maiden name, is there any issue with her US AOS in married name?

 

4/ We know that we¡¯ll be moving in about 6 weeks. Is it important to file Change of Address before or after filing I-485? If we change address, does COA need submitted and acknowledged first?

 

5/ Anyone know why does I-864 Affidavit of Support have to be submitted with I-485? This is probably a dumb question on my part, but given that we filed the more elaborate version I-134 Affidavit of Support at time of GZ interview, why is it necessary to file another one now? I know, I know¡­ we are dealing with USICS¡­ and I should quit trying to make sense out of this - right?

 

6/ Do we have to re-file new G-325A forms with I-485, though we already filed in GZ?

 

I-765 Application for Employment Authorization

 

1/ Block 16 ¨C what do we list here for K-1 Visa holder who is now married to petitioner? The instructions make no sense and numbers do not line up with the section referred to in the instructions. I think the answer is either ©(9) or (a)(6), but the instructions for this block have to be the most obtuse I¡¯ve seen on any of the forms!

 

I-864 Affidavit of Support

 

1/ Block 1 ¨C do we check the first box given that immigrant entered on K-1 Visa yet we are now married?

[dnoblett]

1) If entry on a K-1 visa, then the I-485 will be based on entry using the K-1 and the requirement of the K-1 of marriage to the visa petitioner within 90 days of entry, you attach a copy of marriage certificate, NOT Marriage license, the license is permission to marry, the certificate is proof that the marriage has taken place, you get the cert from WA department of Vital Records. http://genealogy.about.com/gi/dynamic/offs...hl/chs/cert.htm

 

2) YES if you want the green-card to have married name on it you do. Further down on the form it asks for name on I-94, that is where maiden name is entered if entered on a K-1 visa.

 

If you file for green-card using maiden name and then later after getting the card you decide to change the name, it requires filing I-90 and paying a $300+ fee.

 

3) NO, all you need to do is book airline tickets using name in passports, and later when returning to the USA you present green-card to re-enter the USA, some carry a copy of marriage cert with them in case a question comes up about different name in passport to green-card.

 

4) Highly recommended to file to adjust status after moving, in many cases important things like AOS interview notice gets lost, and then USCIS starts removal procedings for the "NO-Show" to the interview.

 

Moving and then trying to change address on a pending case is hazardous.

 

AR-11 and I-865 need to be filed any time an resident alien, and their sponsor moves.

 

5) I-134 is NON-Immigrant support, I-864 is GREEN-CARD support, two different things. I-134 only covers the period of time when the K-1 holder is a NON-Immigrant, entry to getting green-card. I-864 supports the IMMIGRANT after they get green-card.

 

6) Only the K-1 holder needs to fill out the G-325A when filing the I-485.

 

A few other notes. K-1 holder needs to get vaccination record transfered to a vaccination supplement by a US Civil surgeon. When you visit the CS, you must insist on only the supplement, many CS will try to do a full medical for $$$.

 

File I-765 for a work permit, their is no fee for it if you file it with the I-485.

 

Optional is I-131 for travel document. Handy if you want to travel out and back into the USA while waiting for AOS approval. K-1 is a single entry visa, so cannot leave the USA without the travel doc, or green-card.

[Don]

Maybe the following questions have been answered before, but I'm struggling with a few specifics and wondering if anyone can help.

 

Thanks in advace!

 

David

 

I-485 Application to Register Permanent Residence or Adjust Status

 

1/ This form does not even ask if/when we got married. As application is contingent on marriage, where does this get documented? After everything we¡¯ve been required to provide, I find it very odd that we are not asked to provide a certified copy of marriage license. Further, they don¡¯t even ask ¡°when¡± we were married? This makes no sense...

 

2/ Do we use new married name on this form?

 

3/ If we wish to travel back to China in future, and she wishes to use here Chinese passport with her maiden name, is there any issue with her US AOS in married name?

 

4/ We know that we¡¯ll be moving in about 6 weeks. Is it important to file Change of Address before or after filing I-485? If we change address, does COA need submitted and acknowledged first?

 

5/ Anyone know why does I-864 Affidavit of Support have to be submitted with I-485? This is probably a dumb question on my part, but given that we filed the more elaborate version I-134 Affidavit of Support at time of GZ interview, why is it necessary to file another one now? I know, I know¡­ we are dealing with USICS¡­ and I should quit trying to make sense out of this - right?

 

6/ Do we have to re-file new G-325A forms with I-485, though we already filed in GZ?

 

I-765 Application for Employment Authorization

 

1/ Block 16 ¨C what do we list here for K-1 Visa holder who is now married to petitioner? The instructions make no sense and numbers do not line up with the section referred to in the instructions. I think the answer is either ©(9) or (a)(6), but the instructions for this block have to be the most obtuse I¡¯ve seen on any of the forms!

 

I-864 Affidavit of Support

 

1/ Block 1 ¨C do we check the first box given that immigrant entered on K-1 Visa yet we are now married?

 

 

 

1. In Part two answer C, you say that she enetered on K1 and you married within 90 days. Attach a copy of marriage certicate and you NOA 2 (your approval for i-129f)

 

 

 

We used c 9 for the I765. That gives you free filing status for the I 765 when filing with the I-485.

 

 

 

and even though you are married she entered on K-1.

 

 

 

I think dnoblett got the rest.