With K1 visa, now preparing for the next phase

[Bill & Angel]

My fiancee and her son just received their K1/K2 visas, and they'll be joining me in November. We'll apply for Marriage License, get married, then apply for SSN for both my wife and son. This much seems pretty simply.

 

However, for the AOS, I get kind of confused. I've been reading several sources of information, both on this site, and the USCIS website. According to the USCIS, the following forms must be submit after marrying in the US:

 

• I-130 Petition for Alien Relative

• G-325A Biographic Data Form - U.S. Citizen

• G-325A Biographic Data Form - Alien Spouse

• I-485 Application to Register Permanent Residence or Adjust Status

• I-765 Application for Employment Authorization

• I-864 Affidavit of Support under Section 213A of the Act

• I-131 Application for Travel Document

• I-693 Medical Examinations of Aliens Seeking Adjustment of Status

• The appropriate supporting documents

• The appropriate USCIS filing fees

 

Am I misunderstanding the process? I-130 seems redundant since we already submit I-129F, and G-325A definitely seems redundant as those were submitted in P4 for the K1 visa interview. I'm totally confused. Likewise, I have not heard of anyone talking about needing the I-130 or G-325A on this website, only the I-485, etc., etc..

 

The amount of red tape is maddening, which is okay when I know what I'm doing. But currently, I'm not sure what I'm doing, which makes is really crazy. Any help is greatly appreciated.

 

Bill

Edited September 10, 2008 by Bill & Angel (see edit history)

[Guest WenDylan]

Good point, I am curious as well to what the actual necessities are.

[dale7570]

My fiancee and her son just received their K1/K2 visas, and they'll be joining me in November. We'll apply for Marriage License, get married, then apply for SSN for both my wife and son. This much seems pretty simply.

 

However, for the AOS, I get kind of confused. I've been reading several sources of information, both on this site, and the USCIS website. According to the USCIS, the following forms must be submit after marrying in the US:

 

• I-130 Petition for Alien Relative

• G-325A Biographic Data Form - U.S. Citizen

• G-325A Biographic Data Form - Alien Spouse

• I-485 Application to Register Permanent Residence or Adjust Status

• I-765 Application for Employment Authorization

• I-864 Affidavit of Support under Section 213A of the Act

• I-131 Application for Travel Document

• I-693 Medical Examinations of Aliens Seeking Adjustment of Status

• The appropriate supporting documents

• The appropriate USCIS filing fees

 

Am I misunderstanding the process? I-130 seems redundant since we already submit I-129F, and G-325A definitely seems redundant as those were submitted in P4 for the K1 visa interview. I'm totally confused. Likewise, I have not heard of anyone talking about needing the I-130 or G-325A on this website, only the I-485, etc., etc..

 

The amount of red tape is maddening, which is okay when I know what I'm doing. But currently, I'm not sure what I'm doing, which makes is really crazy. Any help is greatly appreciated.

 

Bill

[dale7570]

My fiancee and her son just received their K1/K2 visas, and they'll be joining me in November. We'll apply for Marriage License, get married, then apply for SSN for both my wife and son. This much seems pretty simply.

 

However, for the AOS, I get kind of confused. I've been reading several sources of information, both on this site, and the USCIS website. According to the USCIS, the following forms must be submit after marrying in the US:

 

• I-130 Petition for Alien Relative

• G-325A Biographic Data Form - U.S. Citizen

• G-325A Biographic Data Form - Alien Spouse

• I-485 Application to Register Permanent Residence or Adjust Status

• I-765 Application for Employment Authorization

• I-864 Affidavit of Support under Section 213A of the Act

• I-131 Application for Travel Document

• I-693 Medical Examinations of Aliens Seeking Adjustment of Status

• The appropriate supporting documents

• The appropriate USCIS filing fees

 

Am I misunderstanding the process? I-130 seems redundant since we already submit I-129F, and G-325A definitely seems redundant as those were submitted in P4 for the K1 visa interview. I'm totally confused. Likewise, I have not heard of anyone talking about needing the I-130 or G-325A on this website, only the I-485, etc., etc..

 

The amount of red tape is maddening, which is okay when I know what I'm doing. But currently, I'm not sure what I'm doing, which makes is really crazy. Any help is greatly appreciated.

 

Bill

 

bill, you don't need the i-130 or the g-325a for yourself. these are needed only for cr-1 and k-3 visa apps. read the faq for aos and also check the aos guide at vj. good luck. i am also preparing these docs.

[dnoblett]

bill, you don't need the i-130 or the g-325a for yourself. these are needed only for cr-1 and k-3 visa apps. read the faq for aos and also check the aos guide at vj. good luck. i am also preparing these docs.

Actualy I-130 and G-325A for US citizen is only used when the alien had entered the USA on some other type of non-immigrant visa like F-1 student.

 

In the K-3, the I-130 is the first petition filed long before AOS, long before getting the K-3.

 

I-485 has a check box for K-1 and K-2 adjustment, the visa holder adjusts directly from the K-1/2 visas.

 

VJ has very detailed guides.

 

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

 

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

 

http://www.visajourney.com/forums/index.ph...om&page=ssn

 

A few notes:

 

Treat the I-485, I-765, and I-131 as separate petitions, that is no sharing of evidence, each needs it's own set of evidence and passport pics.

 

If you don't plan on traveling out of the country for a while, you can hold on filing the I-131.

 

I-693 has been discussed in great detail lately: http://candleforlove.com/forums/index.php?...st&p=430732

 

David has guides at the top of this forum: http://candleforlove.com/forums/index.php?showtopic=29538

[georgeandli]

I-131 is free when filed concurent. We filed for it. My thinking was if nothing else to speed up Biometrics. We also filed G-28s with all three. That way you both get I-797Cs, but more important the petitioner can get info from the government firsthand.

[dnoblett]

I-131 is free when filed concurent. We filed for it. My thinking was if nothing else to speed up Biometrics. We also filed G-28s with all three. That way you both get I-797Cs, but more important the petitioner can get info from the government firsthand.

Note, the foreign citizen in this case is the petitioner they can get information about the case at any time with or without the G-28.

 

The G-28 allows US citizen spouse act as a representitive and allows the US citizen spouse to communicate with USCIS on the behalf of the foreign citizen "petitioner"

 

I-131 and I-765 can be filed after filing I-485, a copy of I-485 NOA1 letter needs to be attached to the I-131, and/or I-765.

 

Again if you don't intend on traveling in a while you may wait until ate least 3 months before a planed international trip to file the I-131.

[Bill & Angel]

bill, you don't need the i-130 or the g-325a for yourself. these are needed only for cr-1 and k-3 visa apps. read the faq for aos and also check the aos guide at vj. good luck. i am also preparing these docs.

Actualy I-130 and G-325A for US citizen is only used when the alien had entered the USA on some other type of non-immigrant visa like F-1 student.

 

In the K-3, the I-130 is the first petition filed long before AOS, long before getting the K-3.

 

I-485 has a check box for K-1 and K-2 adjustment, the visa holder adjusts directly from the K-1/2 visas.

 

VJ has very detailed guides.

 

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

 

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

 

http://www.visajourney.com/forums/index.ph...om&page=ssn

 

A few notes:

 

Treat the I-485, I-765, and I-131 as separate petitions, that is no sharing of evidence, each needs it's own set of evidence and passport pics.

 

If you don't plan on traveling out of the country for a while, you can hold on filing the I-131.

 

I-693 has been discussed in great detail lately: http://candleforlove.com/forums/index.php?...st&p=430732

 

David has guides at the top of this forum: http://candleforlove.com/forums/index.php?showtopic=29538

 

Thank you, this was very helpful!

[Bill & Angel]

I-131 is free when filed concurent. We filed for it. My thinking was if nothing else to speed up Biometrics. We also filed G-28s with all three. That way you both get I-797Cs, but more important the petitioner can get info from the government firsthand.

Note, the foreign citizen in this case is the petitioner they can get information about the case at any time with or without the G-28.

 

The G-28 allows US citizen spouse act as a representitive and allows the US citizen spouse to communicate with USCIS on the behalf of the foreign citizen "petitioner"

 

I-131 and I-765 can be filed after filing I-485, a copy of I-485 NOA1 letter needs to be attached to the I-131, and/or I-765.

 

Again if you don't intend on traveling in a while you may wait until ate least 3 months before a planed international trip to file the I-131.

 

G-28.... that's a new one to me. Do I need to add this to the list, or should I just proceed without it?

[dnoblett]

I-131 is free when filed concurent. We filed for it. My thinking was if nothing else to speed up Biometrics. We also filed G-28s with all three. That way you both get I-797Cs, but more important the petitioner can get info from the government firsthand.

Note, the foreign citizen in this case is the petitioner they can get information about the case at any time with or without the G-28.

 

The G-28 allows US citizen spouse act as a representitive and allows the US citizen spouse to communicate with USCIS on the behalf of the foreign citizen "petitioner"

 

I-131 and I-765 can be filed after filing I-485, a copy of I-485 NOA1 letter needs to be attached to the I-131, and/or I-765.

 

Again if you don't intend on traveling in a while you may wait until ate least 3 months before a planed international trip to file the I-131.

 

G-28.... that's a new one to me. Do I need to add this to the list, or should I just proceed without it?

G-28 is optional, most file I-485 without it.

 

One note: When I mean no sharing of evidence, it means treat them as seperate petitions, but you send them to USCIS together in same envelope, send to the Chicago PO BOX.

 

One other thing.

 

I-765 needs to be coded (C )(9 ) Based on pending I-485. NOT (a )(6 ) based on K-1 visa.

[yaya44]

This is what we filled (with the help of others here):

 

- I-485 Form, Application to Adjust Status

o Check for $1010 for application ($930) and biometrics fee ($80)

o Copy of fianc¨¦e petition approval notice

o Copy of marriage certificate (certified)

o Copy of I-94 Form (front and back)

o Copy of Passport (biographical and entry stamps)

o Copy of K-1 Visa from Passport

o (2) Passport photos

 

- I-864 Form, Affidavit of Support

o Copy of 2005, 2006, 2007 W2 Federal Income Tax Forms

o Copy of 2005, 2006, 2007 IRS Federal Income Tax Transcripts

 

- I-693 Form, Report of Medical Examination and Vaccination Record

o Enclosed in sealed envelope by authorized Civil Surgeon

 

- G-325 Form, Biographical Information

o Copy of Notarized Birth Certificate

o (2) Passport photos

 

- I-765 Form, Application for Employment Authorization

o Copy of I-94 Form (front and back)

o (2) Passport photos

 

Hope this helps!

[dnoblett]

This is what we filled (with the help of others here):

 

- I-485 Form, Application to Adjust Status

o Check for $1010 for application ($930) and biometrics fee ($80)

o Copy of fianc¨¦e petition approval notice

o Copy of marriage certificate (certified)

o Copy of I-94 Form (front and back)

o Copy of Passport (biographical and entry stamps)

o Copy of K-1 Visa from Passport

o (2) Passport photos

 

- I-864 Form, Affidavit of Support

o Copy of 2005, 2006, 2007 W2 Federal Income Tax Forms

o Copy of 2005, 2006, 2007 IRS Federal Income Tax Transcripts

 

- I-693 Form, Report of Medical Examination and Vaccination Record

o Enclosed in sealed envelope by authorized Civil Surgeon

 

- G-325 Form, Biographical Information

o Copy of Notarized Birth Certificate

o (2) Passport photos

- I-765 Form, Application for Employment Authorization

o Copy of I-94 Form (front and back)

o (2) Passport photos

 

Hope this helps!

Note the G-325A does not require 2 passport pics, the I-485, I-765, and I-131 do.

 

The W2s are not needed when using IRS transcripst. W2s needed if sending copy of returns (1040/W2/1099) instead of transcripts.

 

Also it is recommended to attach evidence of current employment to the I-864 like a letter from your employer, and/or copies of recent pay stubs.

Edited September 13, 2008 by dnoblett (see edit history)

[Bill & Angel]

This is what we filled (with the help of others here):

 

- I-485 Form, Application to Adjust Status

o Check for $1010 for application ($930) and biometrics fee ($80)

o Copy of fianc¨¦e petition approval notice

o Copy of marriage certificate (certified)

o Copy of I-94 Form (front and back)

o Copy of Passport (biographical and entry stamps)

o Copy of K-1 Visa from Passport

o (2) Passport photos

 

- I-864 Form, Affidavit of Support

o Copy of 2005, 2006, 2007 W2 Federal Income Tax Forms

o Copy of 2005, 2006, 2007 IRS Federal Income Tax Transcripts

 

- I-693 Form, Report of Medical Examination and Vaccination Record

o Enclosed in sealed envelope by authorized Civil Surgeon

 

- G-325 Form, Biographical Information

o Copy of Notarized Birth Certificate

o (2) Passport photos

 

- I-765 Form, Application for Employment Authorization

o Copy of I-94 Form (front and back)

o (2) Passport photos

 

Hope this helps!

 

That's great, thanks! I just have a few follow-up questions.

 

1. Which of these forms, if any, must be submit for K1 recipient?

2. I've been told that since we already had medical performed in Guangzhou, we only needed vaccinations records (I-693A). Any insight on that?

3. Is the G-325 form only needed for K1 recipient? Is it not exactly the same G-325 that was submit with the K1 P4 package? Could I simply just re-submit the same document?

 

Thanks,

Bill

[dale7570]

This is what we filled (with the help of others here):

 

- I-485 Form, Application to Adjust Status

o Check for $1010 for application ($930) and biometrics fee ($80)

o Copy of fianc¨¦e petition approval notice

o Copy of marriage certificate (certified)

o Copy of I-94 Form (front and back)

o Copy of Passport (biographical and entry stamps)

o Copy of K-1 Visa from Passport

o (2) Passport photos

 

- I-864 Form, Affidavit of Support

o Copy of 2005, 2006, 2007 W2 Federal Income Tax Forms

o Copy of 2005, 2006, 2007 IRS Federal Income Tax Transcripts

 

- I-693 Form, Report of Medical Examination and Vaccination Record

o Enclosed in sealed envelope by authorized Civil Surgeon

 

- G-325 Form, Biographical Information

o Copy of Notarized Birth Certificate

o (2) Passport photos

 

- I-765 Form, Application for Employment Authorization

o Copy of I-94 Form (front and back)

o (2) Passport photos

 

Hope this helps!

 

That's great, thanks! I just have a few follow-up questions.

 

1. Which of these forms, if any, must be submit for K1 recipient?

2. I've been told that since we already had medical performed in Guangzhou, we only needed vaccinations records (I-693A). Any insight on that?

3. Is the G-325 form only needed for K1 recipient? Is it not exactly the same G-325 that was submit with the K1 P4 package? Could I simply just re-submit the same document?

 

Thanks,

Bill

 

 

1. please re-read this thread and you will see exactly what documents to sumit

2. please read this thread http://candleforlove.com/forums/index.php?showtopic=32841

3. you need to fill out a new one. her current address will be different as will the date she signs the form.

[dnoblett]

That's great, thanks! I just have a few follow-up questions.

 

1. Which of these forms, if any, must be submit for K1 recipient?

2. I've been told that since we already had medical performed in Guangzhou, we only needed vaccinations records (I-693A). Any insight on that?

3. Is the G-325 form only needed for K1 recipient? Is it not exactly the same G-325 that was submit with the K1 P4 package? Could I simply just re-submit the same document?

 

Thanks,

Bill

1. ALL except the I-864, (It is the K-1 holder that is adjusting status) I-864 is prepared by US Citizen/Spouse/Sponsor

 

2. Yes, but there is no I-693A any more, USCIS has added that to the I-693 the instructions included with that form instructs the civil surgeon to do just the vaccination portion of the I-693 for K-Visa holders who have had visa medical less that a year before. This has been covered in great detail: http://candleforlove.com/forums/index.php?...c=32411&hl=

 

3. The G-325A is just that of the K-1 recipient and NO you cannot recycle the one used for the visa because the K-1 in most cases will want to take spouses name, and HOME ADDRESS HAS CHANGED.