AOS for K-3

[gdalicia]

So, I found out today that I will probably have to file the AOS since the NVC will not forward my completed I-130 case to CDJ. Big bummer! Can we start a thread for K-3 folks that need to do this....I am lost! :please:

My basic understanding is that we now file the whole package together (for a whopping $1000!) and that we should get the EAD in about 90 days? Can K-3 filers also apply for a SS card before the EAD comes like K-1 folks? (for DMV and such)

[USnoiva]

As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to
show this to the SSA agency to be eligible to receive a SSN.

[gdalicia]

Yeah, that's what I thought. What about just filing EAD and waiting for the I-130 appointment at the Consulate? Are there any advantages other than money? At this point my I-130 was complete in July so I'm looking at almost a year for an appointment in CDJ. Will AOS take that long? Apparently there's a huge backlog due to all the new cases filed before the fee increase. Just my luck...another backlog.:rolleyes:

[USnoiva]

Although they haven't been updated since July, and they can actually vary from reality, here is a list of processing times (http://www.visajourney.com/forums/index.php?autocom=custom&page=times).
If you file the EAD it will expire in 1 year and you will have to renew if nothing (appointment wise) has come through yet.
My AOS took 5 months to receive an appointment letter, and 8 months to get the actual interview. The greencard was in hand in just under 9 months.
It's a gamble really. My timeline may have nothing to do with your timeline.
At this point, it is a matter of your personal preference.
What is your processing center?

[M&M]

I hope Maripoza sees this thread because her husband got a K3 too and she has no idea what she needs to do!

[angela256z]

Whatr is EAD and what forms are used to adj status and get that interview that USnovia is talking about?

[angela256z]

I need to research before I speak. Here is the guy from the VJ fourm
http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos

[Adriane]

Okay.... so if I apply for AOS (by filing the I-765, I think) do I pay when I apply, when I get the letter or when i go to the interview (I'm guessing when I apply....) If I have to renew EAD, do I have to wait for the first one to expire first and then reapply (theoretically making him unemployable for another 90 days after the first EAD expires?)

Oh, I'm getting a headache just thinking about this....

[IBMMuseum]

Okay.... so if I apply for AOS (by filing the I-765, I think) do I pay when I apply, when I get the letter or when i go to the interview (I'm guessing when I apply....) If I have to renew EAD, do I have to wait for the first one to expire first and then reapply (theoretically making him unemployable for another 90 days after the first EAD expires?)

Oh, I'm getting a headache just thinking about this....

No, the I-765 is for EAD. An I-485 is for AOS (which gives EAD when complete anyway). And you pay the requirement with the filing.

[USnoiva]

Okay.... so if I apply for AOS (by filing the I-765, I think) do I pay when I apply, when I get the letter or when i go to the interview (I'm guessing when I apply....) If I have to renew EAD, do I have to wait for the first one to expire first and then reapply (theoretically making him unemployable for another 90 days after the first EAD expires?)

Oh, I'm getting a headache just thinking about this....

Yes, you attach all your checks for the fees with your AOS package.
And IF you need to renew EAD, you should apply BEFORE it expires I believe.

[aussiewench]

For those on K-2, K-3, K-4, see Guide to SSN (http://www.familybasedimmigration.com/forum/showthread.php?t=88#k3) The guide was contributed by a member in the know ;) and will answer many questions on applying for SSN.

The guide does also have a section for K-1 and Immigrant Visas.

[Lachulagreeneyes]

I believe you are to apply 60-90 days before the EAD expires.

[gdalicia]

So there are basically two options:

File for the EAD for work authorization and wait for the Consular interview for the CR-1. Our I-130 was complete in July so we're looking at June 2008 or so for an appt. Laurel said that she used to never recommend that K-3ers go back to CDJ because if something goes wrong at the interview you are now OUT of the US. However, because of the huge fee increase she's now thinking that it might be worth the risk.

File the AOS packet (which includes EAD) and adjust from within the US. The advantage of course is that it could be faster and there's no travel involved.

My basic question is...with the new backlog of AOS cases is it going to take me longer to AOS than to just wait out the appt?? Of course, once we have the EAD it won't matter as much...but is that now taking more than 90 days?

[Pooh79]

Yeah, that's what I thought. What about just filing EAD and waiting for the I-130 appointment at the Consulate? Are there any advantages other than money? At this point my I-130 was complete in July so I'm looking at almost a year for an appointment in CDJ. Will AOS take that long? Apparently there's a huge backlog due to all the new cases filed before the fee increase. Just my luck...another backlog.:rolleyes:

Remember what i said before...with the new fees it makes sense to file your AOS and EAD all at once as it is all included. Most AOS cases are done within 7 or 8 months.

My EAD is taking more than 90 days gdalicia but it doesn't always. I won't be filing for AOS until end of year or even early next in hopes that they clear a lot of these rushed filings pre-fee increase. Remember that he will be in the US legally and although of course we want them to have their GC there is no longer fear in them being here. Also, once the EAD arrives he will work and you will see the income. You can travel etc. Again, I think you should just file the AOS/EAD all at once as you are already paying for the lot. :)

[IBMMuseum]

...My EAD is taking more than 90 days...
The EAD filed for both my wife and eldest stepdaughter almost a month ago still don't have receipt notices or the checks cashed. USCIS (the new military helpline for me, but still the same crappy USCIS service) tells me we might have to wait up to 90 days before they *start* to act on the petitions. If it takes that long I am just wondering to stop the check amount, as we now have an immigrant visa interview date (well, almost all, see below) a month away that would provide work authorization anyway.

I had put in an expedite letter to the NVC listing all the petitions, but they didn't group in my wife's with my stepchildren. Probably more time will be needed on my part to get everything in order. Sigh...

[gdalicia]

Remember what i said before...with the new fees it makes sense to file your AOS and EAD all at once as it is all included. Most AOS cases are done within 7 or 8 months.

My EAD is taking more than 90 days gdalicia but it doesn't always. I won't be filing for AOS until end of year or even early next in hopes that they clear a lot of these rushed filings pre-fee increase. Remember that he will be in the US legally and although of course we want them to have their GC there is no longer fear in them being here. Also, once the EAD arrives he will work and you will see the income. You can travel etc. Again, I think you should just file the AOS/EAD all at once as you are already paying for the lot. :)

Okay, I am convinced to abandon the Consulate idea. I never want to go back there after the visa pick-up anyway! :)

So...everything sounds good...except I don't get the medical exam part. Does he need another one? I remember you saying something once about a Supplemental form. Where can I find that? Thanks a million, Pooh...you are a lifesaver!

[branquinha]

My EAD is taking more than 90 days gdalicia but it doesn't always.

Pooh79 - I noticed you went to have an Infopass appt. on your 91th day. Was that for your EAD? If yes, is this 91th day from the day they receive your initial application or from another date?

Thanks!

[Pooh79]

Okay, I am convinced to abandon the Consulate idea. I never want to go back there after the visa pick-up anyway! :)

So...everything sounds good...except I don't get the medical exam part. Does he need another one? I remember you saying something once about a Supplemental form. Where can I find that? Thanks a million, Pooh...you are a lifesaver!

He WILL NOT need a whole new medical, however, some Civil Surgeons are asses about this and you have to fight them on it. You can find the Supplemental here http://www.visajourney.com/forums/index.php?showtopic=74862&st=0&gopid=1009426&#entry1009426 Post #14.

[Pooh79]

Pooh79 - I noticed you went to have an Infopass appt. on your 91th day. Was that for your EAD? If yes, is this 91th day from the day they receive your initial application or from another date?

Thanks!

I was counting from the NOA1 date. My EAD was finally approved after my congresswoman got involved.

[gdalicia]

Thanks! Luckily I work at a medical group that does these kinds of exams so hopefully that part should go smoothly. So is there anything that I need to request to send from our first medical exam? Do they give you something in the packet that you take to the POE? Or do they just request it directly from CDJ?

[Pooh79]

In the packet you take to the POE is the medical. It should be sent to your nearest service center (CSC). I am wondering if you will get your HSL back like I did from CSC. A week after I got back from CDJ I received my HSL from CSC. I'm thinking it was way too big for their files but at least I know the packet reached them :)

[gdalicia]

Well, hubby went for his vaccinations today. Poor kid, he seemed more nervous about the shots than he did in CDJ. hehehe Just need to locate my W-2s from last year and I should be mailing everything off this week!

[Adriane]

In the packet you take to the POE is the medical. It should be sent to your nearest service center (CSC). I am wondering if you will get your HSL back like I did from CSC. A week after I got back from CDJ I received my HSL from CSC. I'm thinking it was way too big for their files but at least I know the packet reached them :)

You got your HSL back?

[Pooh79]

You got your HSL back?


YES ADRIANE can you believe that. I really really freaked out when I got it! I saved the envelope, cover letter etc and am planning on taking it with me to our AOS interview just in case. It's crazy. I have never heard of this happening before. Let's see if Gina gets hers back since her service center will be California also.

[Pooh79]

Well, hubby went for his vaccinations today. Poor kid, he seemed more nervous about the shots than he did in CDJ. hehehe Just need to locate my W-2s from last year and I should be mailing everything off this week!

Hubby still needs those. Can you tell me which ones they gave him???

[gdalicia]

I have the list at home...I'll let you know exactly what they were. It turned out to be two shots for $322!!! Can you believe that?? Looking back, I'm sure there was a cheaper way to do it. Arghghghghhhhh.

Now Laurel says that we should do EAD first and wait on the AOS. So we didn't even need to do them now!

[Pooh79]

Ouch on the cost of shots. I think hubby only needs his adult shots but I have called around and they are expensive for adults. :(

[gdalicia]

Well, part of the $322 was $75 for a "brief office visit" which basically consisted of the doctor asking hubby if he'd ever had chicken pox.... :rolleyes:

[Pooh79]

Ughhh. People on VJ have found a doctor out of Texas who is a CS and does the I693 Supplemental via mail for $10.00.

[kennah]

I used the Doctor out of Texas to get the I693. Very simple to do.

They kept my actual hardship letter, but they gave all the evidence that went along with it back to my husband at his pickup appointment.

Hubby also had his biometric appointment in Memphis last week and it was quick and easy. We were there maybe 15 minutes.

[gdalicia]

Kennah do you happen to remember how much the actual vaccinations cost you? My hubby had no record so he had to get everything done. I know I paid $75 instead of $10 for the form itself, but I'm curious to know if the shots were super expensive as well.

[SHELLYFCO]

A couple people have mentioned paying up in the sum of $230

[Pooh79]

I used the Doctor out of Texas to get the I693. Very simple to do.

They kept my actual hardship letter, but they gave all the evidence that went along with it back to my husband at his pickup appointment.

Hubby also had his biometric appointment in Memphis last week and it was quick and easy. We were there maybe 15 minutes.


Kennah did Dr. Arnold have you update his records w/ adult shots first? I have hubby's mexican records last ones where his teenage shots.

[kennah]

He had no shots in CDJ.

He had an old shot record showing 2 previous Td's and a MMR.

After he got home, we went to the local health department here and he received another Td , MMR, HEPB and Varicella.

The health dept listed all his shots on a form 121 (Certificate of Immunization Compliance) and thats the form I sent to Dr. Arnolds office.

If a series of shots are not completed, there is a place on the I-693 supplemental form that says "Insufficiant time interval" that the doctor can check.

Dr. Arnolds office sent me two copies, one in a sealed envelope w/his stamp to send in with my paperwork.

[kennah]

gdalicia, well I kinda cheated on the cost of the shots. :blush: I use to work at our health department, so we got lucky and weren't charged. The shots would have probably cost around $150.00, possible more.

[Pooh79]

Sheesh I wish Kennah hehehe. County here charges like $52 for the MMR...

[gdalicia]

The sad thing is...I work for the medical group where they did the shots. They were SUPPOSED to give me a deal. :rolleyes:

[briza]

Hubby didn't have any of his vaccination records either. The surgeon general referred him to the County Health Department, and he was able to get the shots at no charge.

[tracimn123]

My hubby said he had his shots when he was little but has not record of it. So what do we do now?

[TracyTN]

Unfortunately, he'll have to have them redone.

I'd try and find either a health clinic nearby that will do them for free (or for very little). Or if you have to have the medical redone for AOS purposes (not sure when he had his visa medical), have the Civil Surgeon do them at that time.

[tracimn123]

he had his medical in oct of 06

[TracyTN]

I don't think you can make it in time. :(

The visa medicals are valid for a year - by the time you have his vaccinations completed and documented and the AOS forms sent in, etc. the visa medical will be 'stale' and you'll probably get RFE'd for it. Looks to me like you'll need a new medical.

I'd still seek out having the vaccinations done at your local health clinic - I'm betting the CS would charge you for them, and it will likely not be cheap.

[tracimn123]

What vaccines are required does anyone know

[Adriane]

Okay, I'm getting a little ahead of myself but I have reason to believe I'm in for some good news soon....

I just want to make sure I understand all this- and I've got a few questions.

So let's say that Mr. Adriane gets his approval & his open appointment letter soon and we're able to pick up his K-3 visa before our medical expires on Oct. 31, 2007.

At the visa pick-up appointment we'll just need our DS-156 (right?), the pick-up letter and nothing else, right? So then we'll be able to cross over to the US and because it's multiple entry we'll be able to cross back & forth a few times although that's not recommended (right?)

So then we'll send out the I-485- I have some questions about that:

It says in the instructions that we need to "1. Criminal history. A. If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit: An original official statement by the arresting agency or applicable court order confirming that no charges were filed." Does this include records of the times Mr. Adriane was picked up by the Border Patrol when he was kicked back while attempting to cross?

We need to include the I693 Supplemental as well as a form that the Civil Surgeon will fill out? Is there a list of the required shots online somewhere?

Will the medical exam (if done after a year afer the original exam in CDJ) be as extensive as the one done in CDJ? Cost-wise, which is cheaper, in your opinion? I know this is speculation, but does anyone have a notion?

And we'll include the I-765- with no additional fees.
With the I-765, we'll include a copy of the I-94, which they'll give us at the POE, right?

And then they'll send us the EAD card/document? And we take that and his K-3 visa to the SSA office to get a SS card, right? Or are we issued a number ahead of time?

And then he's employable, right?

And then, armed with the SS card and the K-3 visa, we can go and get him a legal driver's license (as his previous legal US driver's license has expired), right?

At what point in this process will I need to submit an Affidavit of Support? I know I need to do it- but I can't seem to figure out where...

[TracyTN]

What vaccines are required does anyone know

Here's the chart we used at our visa stage:

http://www.usembassy.org.uk/cons_new/visa/iv/vaccinechart.html

Note that some vaccinations are not age appropriate.

[gdalicia]

At the visa pick-up appointment we'll just need our DS-156 (right?), the pick-up letter and nothing else, right? So then we'll be able to cross over to the US and because it's multiple entry we'll be able to cross back & forth a few times although that's not recommended (right?)

We needed two copies of the DS-156, the $100 Banamex Receipt (all non-immigrants have to repay regardless of the time frame), and the passport.

So then we'll send out the I-485- I have some questions about that:

It says in the instructions that we need to "1. Criminal history. A. If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit: An original official statement by the arresting agency or applicable court order confirming that no charges were filed." Does this include records of the times Mr. Adriane was picked up by the Border Patrol when he was kicked back while attempting to cross?

I don't think so, but you may want to ask Laurel at next week's chat.

We need to include the I693 Supplemental as well as a form that the Civil Surgeon will fill out? Is there a list of the required shots online somewhere?

You can actually find the I-693a online and it has a list of all the shots. At our clinic they mentioned that you must verbally say that you've had chicken pox or they will give that one as well.

Will the medical exam (if done after a year afer the original exam in CDJ) be as extensive as the one done in CDJ? Cost-wise, which is cheaper, in your opinion? I know this is speculation, but does anyone have a notion?

It all depends on where you have it done. But generally the US exam is going to be more expensive.

And we'll include the I-765- with no additional fees.
With the I-765, we'll include a copy of the I-94, which they'll give us at the POE, right?

Yes, you include a copy of the bio page of the passport, the page that has the K-3 visa and the entry stamp, and both sides of the I-94.

And then they'll send us the EAD card/document? And we take that and his K-3 visa to the SSA office to get a SS card, right? Or are we issued a number ahead of time?

Unfortunately you won't be given a number until you take the EAD to the SS Office and apply for one.

And then he's employable, right?

Once he has the SS Card he is good to go!! :thumbup:

And then, armed with the SS card and the K-3 visa, we can go and get him a legal driver's license (as his previous legal US driver's license has expired), right?

Yup!

At what point in this process will I need to submit an Affidavit of Support? I know I need to do it- but I can't seem to figure out where...

The I-864 is submitted with the I-485 (AOS) packet. To be on the safe side, I am sending my last three federal tax returns w/ W-2s, a letter from my employer, and my last six months of check stubs. There have been a lot of RFEs for the I-864 lately so it's better to be on the safe side!

[Adriane]

Gina, you rock! :rockon:Thank you so much!

Okay, I'm going to start getting all that together pretty much now and this is a HUGE help!

Do you think we need to provide a translation of the shot record for the shots my husband got here in Mexico as a child and a young man?

[Adriane]

Okay, one more- in Aussiewench's Guide to K-3 it says:

From day one of entry individuals that entered the United States with K-2, K-3 or K-4 status must provide an. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

Have any of you done this?

[Pooh79]

Okay, I'm getting a little ahead of myself but I have reason to believe I'm in for some good news soon....

I just want to make sure I understand all this- and I've got a few questions.

So let's say that Mr. Adriane gets his approval & his open appointment letter soon and we're able to pick up his K-3 visa before our medical expires on Oct. 31, 2007.

At the visa pick-up appointment we'll just need our DS-156 (right?), the pick-up letter and nothing else, right? So then we'll be able to cross over to the US and because it's multiple entry we'll be able to cross back & forth a few times although that's not recommended (right?)

So then we'll send out the I-485- I have some questions about that:

It says in the instructions that we need to "1. Criminal history. A. If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit: An original official statement by the arresting agency or applicable court order confirming that no charges were filed." Does this include records of the times Mr. Adriane was picked up by the Border Patrol when he was kicked back while attempting to cross?

We need to include the I693 Supplemental as well as a form that the Civil Surgeon will fill out? Is there a list of the required shots online somewhere?

Will the medical exam (if done after a year afer the original exam in CDJ) be as extensive as the one done in CDJ? Cost-wise, which is cheaper, in your opinion? I know this is speculation, but does anyone have a notion?

And we'll include the I-765- with no additional fees.
With the I-765, we'll include a copy of the I-94, which they'll give us at the POE, right?

And then they'll send us the EAD card/document? And we take that and his K-3 visa to the SSA office to get a SS card, right? Or are we issued a number ahead of time?

And then he's employable, right?

And then, armed with the SS card and the K-3 visa, we can go and get him a legal driver's license (as his previous legal US driver's license has expired), right?

At what point in this process will I need to submit an Affidavit of Support? I know I need to do it- but I can't seem to figure out where...

Sometimes it all can be so overwhelming. Here is the guide that I used and will use for AOS from VisaJourney. It really gives you all the info you need. You need to submit the I864 with your AOS packet.

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos

[Pooh79]

Okay, one more- in Aussiewench's Guide to K-3 it says:

From day one of entry individuals that entered the United States with K-2, K-3 or K-4 status must provide an. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

Have any of you done this?

The I-766 is the EAD card. You will need the EAD card and passport with visa and I-94 to get your social. Was that your ?...?

[gdalicia]

Okay, one more- in Aussiewench's Guide to K-3 it says:

From day one of entry individuals that entered the United States with K-2, K-3 or K-4 status must provide an. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

Have any of you done this?

I know that the I-551 is the permanent resident card. It looks like the I-766 is the EAD. I'm pretty sure there is no way to work without the EAD.