just got married, what should I do next?

[blueheart73]

I'm K1, in NY state, got married last week. Visa will expire in 12 days. Should I apply AOS before visa expires? I downloaded an I-485 package online, now I'm so confused about some questions:

 

1. Should my husband prepare I-864? Can I use I-134 instead of I-864 as "Affiudavit of Support"? I kept I-134 which we used to apply the visa.

2. Should my husband and I fill in G-325A again? I still have the old one when I applied the visa, but his address changed recently. So did I, of course.

3. Do I need medical examination or get shots now? I had medical examination in Shanghai last Nov, but didn't get the shots. If I need, where?

4. Should I apply EAD and AP at the same time when I apply AOS? How long do you estimate that I'll get EAD, AP and AOS? I do hope could go to work soon, is it possible that I go to work before I get EAD?

5. I already have SSN, can I apply a licence to learn driving?

 

Thanks so much guys, wish everybody have good life.

[Scott & Lai]

I'm assuming your husband is the US citizen, right? With that assumption:

 

You definitely should apply for the AOS before the visa expires, because filing the AOS is actually what gives you legal status after the expiration of the visa, even though you were married within the 90 days.

 

1. Yes, your husband will need to file form I-864; I-134 is only for the K visa application.

 

2. Yes, both of you need to fill out another G-325A.

 

3. I'm not sure about the shots, but I believe that if they didn't ask you for them for the visa, you won't need them now for the AOS.

 

4. You should apply for EAD and AP at the same time as the AOS, partly to get them out of the way and avoid further wait time, and mainly because you can't travel outside the country until you have your AOS unless you have your Advance Parole.

 

5. Not sure about this one, but I think you can.

 

I'm not sure how long the whole process is, but it does take a while. I'm going to be going through the same thing in a few months myself

 

Good luck to you!

[blueheart73]

Thanks much Scott and Lai, you have been so helpful to me. Now I have some new questions, hope still could get help here:

 

1. How much should we pay? should we pay fingerprint fee?

 

2. There's a local INS office in Buffalo, which is about 45 miles away, do you suggest us to go there to apply in peron or by mail? if in person, should we make appointment?

 

3. I don't know if I should apply AP now. I don't have to return to China within half year or even longer. I just saw to apply AP I need to pay $165 extra, if I can get AOS within 10 months, probably I don't want to pay the extra money for AP, am I right?

 

4. Do my husband and I need to take new immigration photos? We still have the old ones, but they were taken last year, but I read that we need photos taken within 30 days. What did you do guys?

 

5. If I should get shots, how can I know where?

 

 

 

Thanks again.

[Jeikun]

I can answer a few of these:

 

1. Yes, you should pay the fingerprint fee. My application for my ex wife was returned to us, because we did not.

 

2. Not positive about this one, but I think applying by mail is best.

 

4. Technically you should get new photos, but if you both look the same, and they're undated I suppose no one would be the wiser. Still, you can get them done cheaply, so why not?

 

5. Pretty much any licensed physician in the US is acceptable.

[blueheart73]

Thanks Jeikun. Now I have the last question, which I cannot find answer online: what kinds of vaccination should I get? are they expensive? actually I got a lot of shots in childhood, but there's no medical record.

[Guest Long_strider]

Here is some additoinal comments...

 

1..There are some differences in district offices about the fingerprint fee. Some have required it, others have not. If you are unsure or cannot obtain specific information from the office that you are applying to, it is best to include the fee, but use a separate money order or check.

 

2. Regarding the vaccinations, They can be performed by many people, including the local health department. The cost or fees for these vary greatly, so call several places and ask.

 

The form that needs to be submitted attesting to your obtaining these vaccinations, must be signed by an approved civil surgeon. The list of approved civil surgeons are listed at the BCIS/UCIS web site. Not just any Doctor can sign this form.

 

Some district offices request that this be submitted in a sealed envelope at the time of application for AOS, other say just bring the sealed envelope when you come later for the scheduled AOS interview.

 

 

3. Applying for AOS, it is best to apply prior to the expiration of the K-1 visa, however, I have read many posts on various web sites that say as long as you marry within the 90 days, then it is not critical to file for AOS before the expiration. Again, best judgement say file before the expiration of the K-1 visa.

 

 

4. You will need to fill out new G235A for both you and your spouse. Remember your address and possibly your last name changes due to marrige. Remember to include pictures for both you and your spouse. I forgot mine and had to go get some additional one.

 

5. AP is not necessary unless you expect to travel outside of the US before obtaining the green card. Some district offices have an emergency procedure to quickly obtain the AP (we were able to obtain the AP the same day. Each office has different time lines depending upon back log. We obtained the green card about 3 months after applying. Others, I have heard had waited 10-12 months.

 

5. Driver license rules vary from state to state. Usually with the SSN and proper identification, you can take the test for a permit and eventually the behind the wheel driving test.

 

5. We applied in person for AOS at the local office. This was helpful to us because the individual at BCIS.UCIS reviewed our application and documents to ensure that we had everything correct and answered some of our questions. We did not have to make an appointment, but did wait in line for about an hour.

 

Hope this helps.

 

Long-Strider...

[blueheart73]

It does help me so much. We are going to file the documents and probably will go to Buffalo next week. I hope I would be as lucky as you. Thanks again.