Need some help on I-485

[JonathanM]

On Part 1. Information About You... Is the A# number it is asking for below the stamp on her visa, if not what does that number reference? What should I put down as her current USCIS Status? Can I enter my name as C/O (in care of)?

 

On Part 2. Application Type... K3 Visa is not listed has an adjustment. Which block do I check off?

 

On Part 3. Processing Information... Do I put K3 for the last status entered? Where do I find her Nonimmigrant Visa Number (Is this the control numberon the visa?

 

Part 6. Since I'm the one filling out the information should I fill out the info on who prepared the form?

 

Thank you

[Randy W]

On Part 1. Information About You... Is the A# number it is asking for below the stamp on her visa, if not what does that number reference? What should I put down as her current USCIS Status? Can I enter my name as C/O (in care of)?

 

On Part 2. Application Type... K3 Visa is not listed has an adjustment. Which block do I check off?

 

On Part 3. Processing Information... Do I put K3 for the last status entered? Where do I find her Nonimmigrant Visa Number (Is this the control numberon the visa?

 

Part 6. Since I'm the one filling out the information should I fill out the info on who prepared the form?

 

Thank you

 

Her A# is "A#", followed by 9 digits. You should have this on several documents you've received from the USCIS. Check the most recent I-797 notices.

 

She CANNOT adjust status from K-3 - you filed an I-130 BEFORE filing the K-3. THAT is what you base the AOS on. You will need a copy of the I-797 approval notice - if it has not yet been approved, simply put "I-130 approval pending"

 

SHE is the applicant in this case. SHE needs to sign everything (except the I-864). You MAY fill in the "prepared by" information - this is not necessary, depending on who you ask.

[Randy W]

You may wish to wait a little bit before mailing that in (say next year) - if her AOS is approved AFTER your second wedding anniversary, she will get the 10 year card

[dnoblett]

On Part 1. Information About You... Is the A# number it is asking for below the stamp on her visa, if not what does that number reference? What should I put down as her current USCIS Status? Can I enter my name as C/O (in care of)?

 

On Part 2. Application Type... K3 Visa is not listed has an adjustment. Which block do I check off?

 

On Part 3. Processing Information... Do I put K3 for the last status entered? Where do I find her Nonimmigrant Visa Number (Is this the control numberon the visa?

 

Part 6. Since I'm the one filling out the information should I fill out the info on who prepared the form?

 

Thank you

Part 1 A# will be on I-129F Approval notice, or is sometimes hand written by POE officer on back side of I-94 card. "In care of" is simply there for cases where mail is being delivered at a third party's address, because mail delivery at the applicant's address is spotty.

 

http://www.visajourney.com/gallery/albums/Immigration/I-129F-NOAs/NOA2.jpg

 

Part 2 Application Type, is based on an Approved I-130 "Relative visa petition" ( "a" ) Attacha a copy of I-130 approval notice.

 

Part 3 Yes. K-3 and red number.

 

http://www.visajourney.com/gallery/albums/Immigration/Visa/visa_after_entry.jpg

 

Part 6 tends to be for a paid preparer like a lawyer, I did not bother filling this in for my wife even though I helped her fill out these forms.

 

As Randy said wait until a bit closer to 2 years of marriage, but do not beyond 1 year past visa medical or you will be required to do another FULL medical. K-Visas only need vaccination record done on their I-693 not a full medical unless the visa medical was more than 1 years ago.

 

A handy guide: http://www.visajourn...content/k1k3aos

 

Lastly: before asking, I-765 (EAD) question 16 is (C )(9 ) based on a pending I-485, it is NOT based on a Life-Act K-3 visa.

Edited October 6, 2010 by dnoblett (see edit history)

[JonathanM]

Very helpful, thank you.

 

Would the USCIS Office be the Chicago Lockbox and the results granted? Do I send everything together (G-1145, I-131, etc... to the Chicago Lockbox)

 

Can I just include two photos, one passport copy, one birth certificate copy, one marriage certificate and one I-130 NOA if filing everything together (I-485, I-765)?

 

Do I need to include the original I-693 form or a copy from Guangzhou or what other medical info needs to be submitted?

 

Can the SO work while the AOS is being approved if filing I-765 with the I-485?

 

How long after USCIS receives the G-1145 can the SO travel. Is this good for multiple times and to other countries (Egypt, Japan and South Korea?

 

Does the Affidavit of Support I-864 work the same way like the I-134 when having a co sponsor?

 

Thank you

[JonathanM]

What is the process after our two year anniversary if my wife gets a two-year green card before? Is there any fees on getting the 10 year card after the wedding anniversary or before the two year will expire?

 

What are the other advantages for waiting till the two year anniversary other than getting a 10 year or 2 year green? Saving money?

 

If a I-765 is filed to allow the SO to work until the two year anniversary will I have to pay the fee for the I-765 in additon to the full fee of the I-485 when I decide to file?

 

Can I file a little early before the anniversary date if we are planning to get the 10 year green card.

 

Thank you

[Randy W]

Good questions - but it's basically just arithmetic to determine your best course. If you get the 10year card, you simply file for replacement cards to renew, but you will need to pay an additional fee for EAD in the meantime

[Randy W]

Yes, if you get the two year card NOW, you will have to file again in two years ( less 90 days), so that's a duplicate expense.

 

Your choice, but I think if you can wait a few extra months for the 10year green card, you'll find that a better deal.

[Randy W]

I can't provide better details ( I'm on my phone today since our internet connection is down£©£¬ but yes, you can file BEFORE your 2nd anniversary - what matters is the date of adjudication

[dnoblett]

Very helpful, thank you.

 

Would the USCIS Office be the Chicago Lockbox and the results granted? Do I send everything together (G-1145, I-131, etc... to the Chicago Lockbox)

 

Can I just include two photos, one passport copy, one birth certificate copy, one marriage certificate and one I-130 NOA if filing everything together (I-485, I-765)?

 

Do I need to include the original I-693 form or a copy from Guangzhou or what other medical info needs to be submitted?

 

Can the SO work while the AOS is being approved if filing I-765 with the I-485?

 

How long after USCIS receives the G-1145 can the SO travel. Is this good for multiple times and to other countries (Egypt, Japan and South Korea?

 

Does the Affidavit of Support I-864 work the same way like the I-134 when having a co sponsor?

 

Thank you

Chicago is just a clearing house, you send everything together to the PO Box specified by I-485 directions, they will then send the application to the appropriate service center and/or your field office for an interview. (I have yet to see a case where a K-3 gets approved without an interview.)

 

K-3 does not file an I-131 for an AP document, if they wish to extend the validity of their visa they file an I-539 and pay a $300 fee.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-131K-3.jpg

 

http://www.uscis.gov.../i-131instr.pdf

 

You treat the I-485 and I-765 as if they were be filing separately, DO NOT SHARE THINGS like passport photos, each form needs it's own evidence like passport photos, so 2 for I-485, and 2 for I-765.

 

You need to go to a US Civil Surgeon to have vaccinations record copied to an I-693 and include this with the I-485, if visa medical is less than 1 year ago, the ONLY the vaccinations record of I-693 is needed, shop around, many doctors like to hit you for a FULL medical when it is NOT needed. SEE: http://candleforlove...showtopic=41344

 

USCIS requires people to have work authorization proof in hand for an employer to employ someone, this is per form I-9 used by employers used to verify employment authorization. Employment authorization is (EAD card, Green-card, I-551 stamp in passport (A CR-1visa)) an SSN card without the "Valid with DHS AUTH" notation accompanied by a US Photo ID, (For example Un-Restricted SSN card + US Driver's license). K-3 is not work authorized until they can meet one of these conditions.

 

Yes I-864 works same way, Joint sponsor indicates that they are joint sponsor by checking a box on their I-864. You as I-130 Petitioner and spouse MUST provide an I-864 as primary sponsor.

Edited October 7, 2010 by dnoblett (see edit history)

[dnoblett]

Good questions - but it's basically just arithmetic to determine your best course. If you get the 10year card, you simply file for replacement cards to renew, but you will need to pay an additional fee for EAD in the meantime

Jonathan is making this OVERLY expensive, must like paying the government and or US Civil surgeon excessive FEES!

 

If you file an I-765 for EAD BEFORE filing I-485 the fee is $340

If you wish to travel and the K-3 is going to expire you file an I-539 to extend the K-3 and pay a $300 fee.

If you delay in filing AOS more than a year after getting medical for the visa, you will be paying a US Civil surgeon several hundred for a FULL medical (FULL I-693)

 

The best scenario for a K-3 is to hold on filing the I-485 and I-765 until very close to 2 years of marriage but not more than 1 year after visa medical, and hope the adjudication and/or AOS interview happens after 2 years of marriage. I would sit tight in the USA and forget about travel until having green-card, filing I-539 to extend validity of a K-3 also costs $$$, I-131 AP is for K-1 visas.

 

If adjudicated before 2 years of marriage, you will be filing an I-751 within 90 days before a 2 year conditional green-card expires to remove conditions, FEE $545.

 

Got to love AOS from a K-Visa, complicated and EXPENSIVE, I would have pushed the I-130 through NVC on to a CR-1 visa interview, less cost and complexities, and CR-1 gets work auth the moment they set foot on US soil, so could do things like apply for a DL, get a job, apply for SSN etc..

Edited October 7, 2010 by dnoblett (see edit history)

[JonathanM]

Good questions - but it's basically just arithmetic to determine your best course. If you get the 10year card, you simply file for replacement cards to renew, but you will need to pay an additional fee for EAD in the meantime

Jonathan is making this OVERLY expensive, must like paying the government and or US Civil surgeon excessive FEES!

 

If you file an I-765 for EAD BEFORE filing I-485 the fee is $340

If you wish to travel and the K-3 is going to expire you file an I-539 to extend the K-3 and pay a $300 fee.

If you delay in filing AOS more than a year after getting medical for the visa, you will be paying a US Civil surgeon several hundred for a FULL medical (FULL I-693)

 

The best scenario for a K-3 is to hold on filing the I-485 and I-765 until very close to 2 years of marriage but not more than 1 year after visa medical, and hope the adjudication and/or AOS interview happens after 2 years of marriage. I would sit tight in the USA and forget about travel until having green-card, filing I-539 to extend validity of a K-3 also costs $$$, I-131 AP is for K-1 visas.

 

If adjudicated before 2 years of marriage, you will be filing an I-751 within 90 days before a 2 year conditional green-card expires to remove conditions, FEE $545.

 

Got to love AOS from a K-Visa, complicated and EXPENSIVE, I would have pushed the I-130 through NVC on to a CR-1 visa interview, less cost and complexities, and CR-1 gets work auth the moment they set foot on US soil, so could do things like apply for a DL, get a job, apply for SSN etc..

 

What is done is done, I had my reasons and will continue to push forward. Since the K3 won't be expiring for about 1 1/2 years, SO won't have to worry about extending her visa... right? Does traveling affect in anyway before or during the AOS process? Assuming the K3 Visa won't expire during that time? Just need to make sure, even though my question may have already been answered. SO wants to go back before our 2-year anniversary.

 

 

If our wedding aniversary is Apirl 8th, what day would you suggest I file I-485, I-765? If I file before the date the medical exam was done in Guangzhou Apr 26th, do I have to worry about a full I-693 even if the AOS process will be done beyond that date. It will be cutting it a little close.. Is the vaccine records from Guangzhou and xray the only things

my SO needs to provide the US Civil surgeon?

Edited October 8, 2010 by JonathanM (see edit history)

[dnoblett]

Take a close look at the visa of the last K-3 visas issued by the consulate many were set to be valid only 6 months.

 

Considering the average AOS seem to take 4 months to process I file some time in late December.

[Randy W]

Take a close look at the visa of the last K-3 visas issued by the consulate many were set to be valid only 6 months.

 

Considering the average AOS seem to take 4 months to process I file some time in late December.

 

 

She is in the US, and has already used her visa. The consulate sets the visa expiration date, NOT the length of her stay, which is 2 years.

[dnoblett]

Take a close look at the visa of the last K-3 visas issued by the consulate many were set to be valid only 6 months.

 

Considering the average AOS seem to take 4 months to process I file some time in late December.

 

 

She is in the US, and has already used her visa. The consulate sets the visa expiration date, NOT the length of her stay, which is 2 years.

Note a K-3 is multi-entry up to the date it expires (Date set by consulate which may be less than 2 years), unlike a K-1 which is used only once.

 

But I know you know this, just clarifying this.