New and Confused - Where To Begin?

[dnoblett]

Adjustment of status from a K-1 is nothing. Is a simple process of sending documents that satisfied the requirement of the K-1, simply sending copy of visa, I-94 card, copy of marriage cert, I-864, and a few other things, nothing about bonafide marriage evidence.

 

AOS from a K-1 results in a 2 year green card allowing 2 years to build up the bonafide marriage relationship evidence at which time need to remove conditions on the 2 year green-card.

 

In most K-1 AOS cases USCIS approves the 2 year green-card without any interview. In fact in my wife's case she only did two interviews, one for K-1, and another 4 years later for her citizenship, never an interview for AOS or Removal of Conditions.

[Invictus]

While she is on the two-year green card, can she visit China once a year for a few weeks at a time?

 

Adjustment of status from a K-1 is nothing. Is a simple process of sending documents that satisfied the requirement of the K-1, simply sending copy of visa, I-94 card, copy of marriage cert, I-864, and a few other things, nothing about bonafide marriage evidence.

 

What kind of evidence? Also, what happens after the two years, she receives a ten-year green card, then applies for citizenship at the end of the ten years?

 

This is not immediately relevant to me right now, but I'm curious about the big picture.

Edited September 24, 2012 by Invictus (see edit history)

[dnoblett]

1) Even with a 2 year CR-Green-Card can visit China for up to 6 months without issues, my wife visited home for about 2 months while on 2 year green-card.

 

2) For AOS:

• I-485
  
• I-864
  
  • Sponsor's financial evidence (Copies of returns or Tax Transcripts, Employer letter, pay stubs, etc..)
    

  [*]I-693 or DS-3025 (In K-1 cases can opt to do Vaccinations after arriving in the USA and do an I-693, however save yourself headaches do the vaccinations in China and get a DS-3025 put in a separate envelope for use when doing AOS)

  [*]Optional I-131 and/or I-763 for Travel and/or work while waiting for green-card

  [*]Copy of immigrant Passport BIO page and entry stamps

  [*]Copy of immigrant K-1 visa

  [*]Copy of I-94 card stapled in immigrant passport

  [*]Copy of immigrant's Birth Cert + Translation

  [*]Copy of marriage cert

  [*]G-325A from immigrant only

  [*]Two Passport photos for I-485, and if doing I-131 and/or I-765 two passport photos for each

  [*]Optionally G-1145 to get an email from them when they receive paperwork

AOS results in a 2 year conditional card, which then needs an I-751 filed to remove conditions and receive a permanent 10 year card.

 

Removal of conditions (I-751) at 2 years of residency, involves sending evidence of marital relationship, things like joint banking, joint tax returns, rental agreements, mail to same address, etc...

 

Immigrant can file for citizenship at 3 or 5 years of residency, 3 years based on continuous marriage to same US citizen for 3 years, or 5 years if not married to a US citizen.

[warpedbored]

Evidence consists of anything and everything that will show a bonafide marriage. Joint bank accounts, letters from friends who know you, utility bills in both names, etc etc etc. She can come and go as she pleases once she has her green card. Until then a K-1 is a single entry visa. She won't be able to leave the country without advance parole which you can file for when you file AOS. Also file for work authorization at the same time.

 

She can't file for citizenship until 90 days prior to the 3 year anniversary of the issue date of her green card as long as the two of you are still married.

 

A bit of advice, you're stressing out about things that are a long ways off. If you look at the visa process in it's entirety it can be a bit overwhelming. Broken down into steps it's not so bad. Right now just worry about everything you need to file for the visa. Front load the petition with evidence of a bonafide relationship taking care to cover points that might cause problems. For example, a recent divorce, lack of income, etc. Read about front loading in the Ellis' Island forum.

[Randy W]

The affidavit letters of support, should they come from both US (ie foreign) and Chinese sources? It appears that for Invictus, like myself, his significant other hasn't been to the US so friends and family here can't really comment. It doesn't seem to me that an affidavit that says "he says he's in a commited relationship and that's good enough for me" would be a big help.

 

The affidavit letters are submitted as evidence of the ongoing nature of your relationship and/or marriage.

 

YOU are responsible for the quality of the evidence you submit, and the picture it paints to a visa officer reviewing your application. I tend to think that submitting relatively meaningless pieces of paper doesn't help your case.