SITE: Disclaimer. The weak points of this document, and the parts of the Visa Process that can change suddenly.

Page 2

Introduction
 

Page 1

SITE: Disclaimer. The weak points of this document, and the parts of the Visa Process that can change suddenly.

K1: A quick introduction to the K1 Process! This is where K1 Folks Need to start reading

K1: K1 items the Filipino fiance must provide. Don't leave without these!

K1: K1 items the American Petitioner must gather. Items that you'll need for the petition.

K1: K1 items for "Special Cases". Uncommon and Rarely Required Documents.

K1: The Step-by-Step K1 Instructions to provide your Fiance

K1: Visual K1 Glossary Sample Pictures of a Visa, CFO Stamp, CFO Certificate, and I-94.

Page 2 (You are here)

ALL: 25+ Documents Form examples, Documents, Pictures stored in this directory for reference

ALL: The USCIS ADIT Photo Definition and Specifications

K1: The K1 Letter of Intent A template that you can use.

K1: The K1 Cover Letter Template - The Blueprint for your K1

ALL: The St. Luke's Experience - Tell your girl, "What to expect.

"AOS: An AOS (Adjustment of Status) Guide & Checklist

AOS: A Sample AOS Interview Notification Letter and Checklist.

SSN: How to apply for a U.S. Social Security Number (SSN)

SSN: Social Security Administration Memo: RM 00204.450 - Evidence of Nonimmigrant Status for an SSN Card

SSN: Social Security Administration Memo: RM 00203.500 - Employment Authorization for Non-immigrants

Page 3

ALL: The Total Cost of the Immigration Process From Start to Finish

ALL: The US USCIS General Tips on Assembling Applications for Mailing - How to organize your petition

B1/B2: Why tourist visas are difficult and DANGEROUS to use for marriage - Includes 30/60 Rule.

F1/F2: Why Student F-1/M-1 Visas are not a good immigration method for Fiancés

H1-B: Why H1-B Work Visas are not a good immigration method for Fiancés

FAMILY: Why bringing Mom/Dad/Sister/Brother/Children(18+) from the Philippines is not realistic

RIR: How the RIR (Reduction in Recruitment) Health Visa could get a relative over in 2-4 years

Page 4

IR-1/K3: How to marry in the Philippines - The IR-1/K3 Visa Process (Step-by-Step, Updated Feb 2004)

INFO: Travel Idea - Packing for your trip!

INFO: Travel Idea - Vaccinations & Inoculations 

K-1 Fiancé Visa Petition

• I-129F form and accompanying check for $110.
  
  
• G-325A forms for [FIANCÉ'S FIRST NAME]and myself, along with adit pictures of us.
  
  
• Copies of our birth certificates, and a certified copy of my divorce certificate.
  
  
• Statements from [FIANCÉ'S FIRST NAME] and myself stating our intention to marry.
  
  
• Proof of relationship and meeting, in the form of: plane ticket stubs/boarding passes; passport stamps; pictures of the two of us together; example letters; postmarked envelopes; telephone records; phone card receipts; and statements of wire transfer to her bank account.

1. Mark both the envelope and the cover letter as to the nature of the submission. Example: ORIGINAL SUBMISSION - BRIEF FOR AN APPEAL - RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION - etc.
    
2. Use the appropriate mailing address and mark both the envelope and the cover letter as to the form type. Example: I-129; I-130; I-690; I-698, etc.
    
3. Provide both the receipt notice number and the A-Number as an identifier, if they are available.
    
4. If the packet is being resubmitted in response to a REQUEST FOR ADDITIONAL EVIDENCE, please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided.
    
5. If evidence is being submitted in support of a previously filed appeal or motion, a cover letter stating "BRIEF FOR APPEAL", etc., should be placed on top of the packet.
    
6. In preparing your packet, please take note of the following:
    
   1. Do not use binders or folders that cannot be easily disassembled.
       
   2. Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
       
   3. The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
       
   4. Avoid using heavy-duty staples; instead use < href="#coverletter">ACCO fasteners or heavy clips.
       
   5. Avoid submitting originals unless specifically required (Forms I-94, Labor certifications, etc). Avoid submitting oversized documentation when possible.
       
7. If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners.
    
8. A form G-28 is not acceptable unless signed by the authorized representative and the petitioner (re: petitions) or the applicant (re: applications). Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants/petitioners must live sign the initial Form G-28 submitted with the application/petition. Any subsequent Form G-28 relating to the same case may be a photocopy of the original, which should be already attached to the relating case.
    
9. Send copies of any prior approval notices with any new requests for extensions of stay, change of status or amended petitions.
    
10. Keep copies of all submissions. Don't assume the officer will have access to a prior file or record. Submit as complete a packet as possible so the case can be adjudicated from what you submit. Submit a complete packet of information for each petition or application. If officers have to review prior files or records, the adjudication of the case can be delayed substantially.
     
11. Be sure to complete all pertinent items on the petition or application. Ensure all entries on the forms are legible. Note the appropriate consulate, embassy, or a request to adjust status on the petition. Do not enter "N/A" when "None" is appropriate.
     
12. If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter.
     
13. Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

    The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

    Certification by Translator

    I     typed name    , certify that I am fluent (conversant) in the English and                      languages, and that the above/attached document is an accurate translation of the document attached entitled                       .

    Signature                                                        
    Date                                          Typed Name
                                                      Address

14. The USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

    At the discretion of the officer, original documents may still be required in individual cases. Please be advised that the USCIS no longer returns original documents submitted with the exception of Certificates of Naturalization, Forms I-551, Permanent Resident Card, Forms I-94, Arrival/Departure Document, valid passports, or those specifically requested by the officer. Such documents will be returned when they are no longer needed.

15. Reminder: The best way to locate records is through the receipt number and/or the A-Number. Always provide this information whenever possible. If you don't know the A-Number, provide a COMPLETE name and date of birth. ALSO: Provide ANY AND ALL names used by the individual, including aliases, maiden names, names used when originally admitted to the United States, etc. Providing this information is extremely helpful and speeds up processing time.
     
16. DUPLICATE FILINGS (without fee): Cases will be accepted as a duplicate filing only when the USCIS has specifically requested that a duplicate be filed. In such a case, be sure to submit the receipt number of original filing or any copies of notices received from the USCIS on the first filing when submitting a duplicate petition or application.
     
17. The address block on the forms is the data field captured for all of our mailings. Consistent with the limitations on the number of characters per line (a maximum of 32) and the total numbers of lines (4) in that field, whatever is in the block will become the mailing address used by the system. The data in these fields is entered exactly as indicated on the forms. Please include internal routing symbols in the address block, especially for large organizations. It is better to abbreviate the name of the organization and have space for the routing codes than to fully spell out the name and have notices sit in the organization's mailroom.
     
18. Recognized authorities: Many I-129 petitions filed with evidence of the beneficiary's education or accomplishments include documentation submitted by various authorities. For example, petitions for artists and entertainers may include evidence the beneficiary has received an award or other recognition of achievement. Petitions for individuals employed in a specialty occupation may include evidence the beneficiary belongs to a professional organization. When an individual's awards or membership is used to support a petition, evidence establishing the reputation of that organization must also be submitted. Examples of the type of evidence needed includes the following: the size and standing of the organization or the organization's requirements for membership and any other documentation which would establish the reputation of that organization.

    When an opinion from a recognized authority is submitted, the opinion should state: the writer's qualifications as an expert; the writer's experience giving such opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; how the conclusions were reached; and the basis for the conclusions, including copies or citations of any research material used.

19. Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card.

---

---

An Adjustment of Status Guide & Checklist

(I made this list by reading all instructions in all forms line by line)

Fee Payment Advice:

• Check for updated rates on the USCIS web site in case they have changed.
• Pay by Money order or Certified Bank Check for safety (No Personal Checks)
• You can include one payment for all the forms EXCEPT fingerprint fee.
• Include one separate payment for fingerprint fee by itself.  (Not all places charge the fee, and the $50 fee may be returned alone if your district office does not charge the fee.  If you send everything in one payment and no fingerprint fee is required, they will return the whole packet and ask you to submit a different check excluding the amount)

WARNING: THESE FEES ARE CONSTANTLY CHANGING, AND USUALLY GO UP!  PLEASE CHECK THE USCIS WEBSITE FOR CURRENT FEES!

1. Cover Letter
2. Form I-485 -- Adjustment of Status Form ($255)
   • Birth Certificate of Foreign person
   • Birth Certificate of US Citizen
   • Wedding Certificate (Photocopy or certified)
   • Copy of passport page with non-immigrant visa
   • Photos (2 Adit Photos)
   • Fingerprints (We'll be called to do this later)
   • Vaccination Supplement
   • FORM I-94 (I-102 if no I-94 was issued)
   • FORM I-846 (Affidavit of support)
   • Evidence of Eligibility (NOA#2)
3. Form I-864 -- Affidavit if Support (Free)
   • 3 Years of Tax Returns
   • Evidence of Employment
   • Recent Pay Stub
   • Statement from Officer of a Bank
4. Form I-131 --  Application for Advance Parole ($110)
• NOTE: This application grants your girl the ability to leave the country to leave the country before the 2 year mark when she gets her Permanent Resident Status.  Without it, she will be barred from re-eenteringthe country should she leave for any reason!  (Sick relative, dead relative, Cruise, Vacation, Day Trip to Canada or Mexico... Anything!
• Copy of Biographic Page (G325A)
• 2 Adit Pictures
• Statement about why we wish to have
5. Form I-765 -- Employment Authorization Application ($120)
• 2 Adit Photos
• No Signature Card is Required (As Per USCIS Forms Page)
• Copy of Form I-94 (Arrival/Departure Record given at Port of Entry)
• Copy of last EAD (If she had an expired 90-day K1 EAD  NOTE: Even if you had an EAD based on the K1 Visa, you still have to pay the fee again.  The Previous EAD was only good for the initial 90 days.  Technically, although somebody might have hired her, she should stop working on the day the old one expires, and she should wait until the new one based on AOS is issued.  There really isn't any liability on her part.  She can not getn in trouble.  The employer, however, can be fined significantly if an USCIS audit is ran during the period between the expired K1 90-Day EAD and the AOS 1+ Year EAD)
6. G-325A -- Biographic Data Sheet for Petitioner (Free)
• Include another 2 Audit Pictures with this.  (Total is now 4 for the pack)
7. Primary Bank Check or Money Order ($$ Sum of Blue Boxes from Above$$)
8. Finger Printing Fee ($50 separate Check Because it may be returned)
9. G-325A -- Bibliographic Data Sheet for US Citizen (Free)
• 2 Adit pictures of US Citizen
10. Optional/Office Specific Forms (Free) NOTE: These are General Information, Census & Tracking Information that may or may not be required by your service center.  I included all three with instructions to ignore them if they are not required. 
    1. FORM WR-702  (Free)
    2. FORM WR-703  (Free)
    3. FORM I-468  (Free)

When you bring a Fiancé to the United States on a K1 Visa, she has a 90 day "K-Class Visa Holder" Status. Should you marry, she needs to adjust her status to "Temporary Permanent Resident". The application is required to allow her to stay legally in the United States.

The Adjustment of status has 2 optional parts.

The first is Advance Parole. Both "K-Class Visa Holders" and "Temporary Permanent Residents" are not allowed to enter the country a second time if they leave for any reason. Thus, a Fiancé or wife can not go home, take a vacation abroad, or run across the canadian boarder for a day-trip. Should she do this, she would not be allowed back into the country. She would be detained and deported. The Advance parole is like a "Hall Pass" that allows either a "single" or "Multiple" entries back into the United States until she receives her "Permanent Residency" (which just FYI happens about 2 years after you file for AOS). Advance Parole costs about $110 and you specify whether you wish a single or multiple re-entries. It generally takes at least 6 months, so don't plan a honeymoon abroad or expect to return to the Philippines soon after your marriage to have a 2nd marriage ceremony for her family!

The Second optional item is EAD (Employment Authorization) or the ability to work in the United States legally as a "Temporary Permanent Resident". While it is possible to file the EAD during th 90-Day K-Visa period, the EAD obtained during that time actually expires at the end of the 90 days. You would have to file a 2nd one along with the AOS if she wanted to keep working. Technically, should the employer be caught with an employee that he legally hired with an EAD during the 90 Day Visa period and that employee doesn't yet have their 2nd EAD for AOS, the employer can be fined for hiring someone who can not legally work. There is no real consequence for the worker though. And realistically, most employers don't know this. Even more realistically, any person who gets a job during the first 90-days probably is NOT going to want to go and take a 5-week leave of absence from work when their visa expires while they wait for their 2nd EAD Interview to become legal again. If the employer doesn't care... then he can chance it.

At the end of the 2 year period after the AOS, you file a similar application for your wife to become a "Permanent Resident". It is a very similar filing to the original Adjustment of Status.

When your wife becomes a "Permanent Resident", she <<IS NOT>> a US Citizen. She is just a legal immigrant that can stay as long as she cares to. I'm not quite sure that she enjoys all of the rights and protections of a full US Citizen. I'm also not sure if a Permanent Resident can vote. If she wishes to become a citizen, that is a 4th procedure that involves some civics, an exam, and a swearing in ceremony.

So here is the summary of the stages:
1) K-Class Visa Holder (90-days)
2) Temporary Permanent Resident (2-years)
3) Permanent Resident (Forever after conversion from #2)
4) US Citizen (Optional any time after #3)

From a logistical perspective, I think that the initial visa process is only about 2/5ths of the Full Visa Process. The paperwork and applications go one for about 2-4 years. The major filings (in my opinion are):

1) K-1 Petition
2) K-Packet, Collection of Documents in PI & St. Luke's Visit
3) Adjustment of Status for Temporary Permanent Residency
4) Adjustment of Status for Permanent Residency
5) Application for Citizenship

When you are notified of the date and time of your Adjustment of Status Interview, you will recieve a letter that looks like this which instructs you when and where to appear.

The Social Security Number is very important because aside from being a means of identification, without it, you practically do not exist in the American system. According to EM-00154, a K-1 Visa holder is eligible for an SSN on the basis of an unexpired visa and an I-94 (Departure Record Card). It also states that a K-1 Visa holder does not need the Employment Authorization Document (EAD) to be eligible for an SSN. You have the option of applying for an SSN before or after you get married, but it is important that you get your SSN before your K-1 expires. If you apply before you get married, you will have to apply for a corrected card after your marriage.

Before looking at the requirements, locate the nearest Social Security Administration (SSA) office by visiting http://s3abaca.ssa.gov/pro/fol/fol-home.html. You may contact the SSA through 1-800-7721213.

The requirements for an SSN application are as follows:

• Form SS-5 (Application for a Social Security Card)
  You can download the form in PDF format at http://www.ssa.gov/online/ss-5.html
• A valid passport
  This will be your proof of identity.
• Birth certificate
  This will be your proof of age. You may use certified copies or originals of these. 
• I-94 Departure Record Card
  This is proof of your lawful alien status. Bring the original, but have a photocopy of the front and back of your I-94 ready. Do not let them take the original!
• Copy of the Social Security Policies that allow you to apply.
  Some SSA employees are not aware that K-1 visa holders are eligible for an SSN on the basis of an unexpired K-1 (your I-94 is proof of that) and that the SSA no longer requires the EAD prior to application. Have the memo at hand and show it to them in case they insist on getting your EAD before applying for an SSN. The outdated executive memo EM-00156 that some sites refer to has expired and is now covered in the Social Security policies "RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card" and "RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card".
• Certified Copy of the Marriage Certificate
  You can get this from your local records office. You will need this in addition to the documents already mentioned if you apply for an SSN after your marriage. If you applied for an original card before marriage and are now applying for a corrected card, you will need proof of your identity in your OLD NAME in addition to the marriage certificate. You will also need your I-94 as proof of your lawful alien status.

Note: The SSA will return your documents after they have seen them. You will receive your Social Security Card 7-10 days after the application has been processed. However, you may ask for your SSN over the phone after about a week by calling 1-800-7721213. The customer service agent will ask for verification information before giving out your SSN.