Saturday, February 7, 2015

How to: Change of Status (I-485) - US K1 Fiance(e) to Legal Permanent/Green Card

Welcome to Travel+Experiment!

Finally, I have arrived in the United States then in a few weeks, my fiance and I got married. Now, the next preparation is to change my status from K1 Fiance (e) visa to Permanent Residence/Green Card. It is also highly advisable to have your identification card the moment you arrive at the United States. I also recommend going to social security administration building for your social security number and name change to your newly wedded last name. There are few charges that are required during this time for change of status. The processing usually takes the minimum of one to three months to get your approved permanent residence card/ green card. Mine took longer than usual due to unforeseen circumstances in the Department of Homeland Security because of the house budget conflict with the White House. 

Once you have approved green card and employment authorization card you can now start applying for work legally. Here are the procedure in filing and completing the change of status.

Process Application

I. File Form I-485, Application to Register Permanent Residency or Adjust Status
Regardless of whether a petition must be filed and approved prior to your filing Form I-485 or whether it may be filed concurrently, you will need to apply for permanent residence on Form I-485 at the appropriate time. 

Note: When filing Form I-485, you must read the form instructions carefully and submit all required documentation and evidence required for your particular category.  Failure to do so may result in your application being delayed or possibly denied for failure to establish that you are eligible to adjust status.

Source links: http://www.uscis.gov/sites/default/files/files/form/i-485.pdf

                  http://www.uscis.gov/sites/default/files/files/form/i-485instr.pd

Purpose of Form
To change from adjustment of status to a permanent resident of the United States.

Where to File
Where you file your Form I-485 depends on the eligibility category under which you are filing.  Please review the "Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status" link under "Related Links" in the upper right corner of this page for the most current guidance on where to file your application. If you are filing at a lockbox, important filing tips, as well as additional information on fees and customer service, are listed on our Lockbox Filing Tips webpage.

Filing Fee
See the form instructions and Special Instructions for payment details. You must make your check payable to Department of Homeland Security.

Special Instructions

I am…
Form Fee
Biometric
Services Fee
Total
Under 14 and filing with the I-485
application of at least one parent
$635
$0
$635
Under 14 and not filing with the I-485
application of at least one parent
$985
$0
$985
Age 14 – 78
$985
$85
$1,070
Age 79 or older
$985
$0
$985
Filing Form I-485 based on having been
admitted to the United States as a refugee
$0
$0
$0
Filing as a refugee under section 209(a)
of the INA
$0
$0
$0

II. E-Notification: If you want to receive an e-mail and/or a text message that your Form I-485 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.  You can download the G-1145 through the link above.

 III. I-765, Application for Employment Authorization
Note: When filing Form I-765, you must read the form instructions carefully and submit all required documentation and evidence required for your particular category.  Failure to do so may result in your application being delayed or possibly denied for failure to establish that you are eligible to adjust status.

Source links: http://www.uscis.gov/sites/default/files/files/form/i-765.pdf 
                    http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf 
                    http://www.uscis.gov/sites/default/files/files/form/g-1145.pdf

Purpose of Form
This form is used to request an Employment Authorization Document (EAD) if you are temporarily in the United States. If you are authorized to work in the United States without restrictions you must also use this form to apply for a document that shows this authorization.

Where to File
E-File Your Application: Applicants in certain eligibility categories may be eligible to file this form online.

Mail a Paper Application: The filing address depends on the eligibility category you entered in Question 16. Please check the Filing Addresses for Form I-765 for a list of mailing addresses

Filing Fee
The filing fee for Form I-765 is $380. If you request consideration of deferred action for childhood arrivals, category (c)(33), you must also pay an $85 biometric services fee for a total of $465. There is no biometric services fee for any other employment category. Some filing types are fee exempt. See the form instructions for more information.

Special Instructions
If you are filing your application at a USCIS Lockbox facility:
  • We recommend reading our Lockbox Filing Tips
  • To receive an e-Notification when your Form I-765 has been accepted, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the first application in the package. 

IV. I-864, Affidavit of Support Under Section 213A of the Act
Note: When filing Form I-864, you must read the form instructions carefully and submit all required documentation and evidence required for your particular category.  Failure to do so may result in your application being delayed or possibly denied for failure to establish that you are eligible to adjust status.

Source links:  http://www.uscis.gov/sites/default/files/files/form/i-864.pdf
                     http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Purpose of Form
This form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

Where to File
For information on where to file, see the form instructions and the "Special Instructions" section below.

Filing Fee
There is no fee when filed with USCIS or abroad with the Department of State (DOS). DOS does charge a fee when this form is filed in the U.S. For more information, please see the Special Instructions.

Special Instructions
  • We recommend reading our Lockbox filing tips
  • To ensure your Form I-864 is accepted at a Lockbox facility, fill out the form completely and accurately, particularly these required fields:
  • Sponsor’s Family name
  • Sponsor’s Address
  • Sponsor’s Social Security Number
  • Sponsor’s Signature
  • The new form edition has 2D bar code technology to help us collect information quickly and accurately. As you complete the form electronically, the bar code stores your information.
  • Follow the form instructions carefully
  • We recommend downloading the form from our website and completing it electronically
  • If you complete the form by hand, please use black ink, keep your answers within the spaces provided, and do not use correction fluid or highlighters
  • Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485.
  • If the National Visa Center mailed you this form to complete, please follow the instructions they provided.
Fees: There is no fee when filed with USCIS or abroad with the Department of State (DOS). DOS does charge a fee when this form is filed in the U.S. For more information, please visit the Department of State website.

V. Check My Status
If you have immigration-related questions, you may call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283. You should be prepared to provide the USCIS representative with specific information about your application, such as your receipt number, Alien Registration Number, name and date of birth. Or, you may check the status of your application online at “My Case Status.” 

Please remember that an application receipt number may not be available through “My Case Status” for 72 hours.

VI. 1st Notice of Action (NOA) Form I-797C, Notice of Action - The applicant Receives first Notice of Action (NOA) acknowledging I-765 petition has been received by the office and is in the process. Typical wait time is 2-3 weeks after the USCIS receives the  I-765, Application for Employment Authorization.

VII. 1st Notice of Action (NOA) Form I-797C, Notice of Action - The applicant Receives first Notice of Action (NOA) acknowledging I-485 petition has been received by the office and is in the process. Typical wait time is 2-3 weeks after the USCIS receives the I-485, Application to Register Permanent Residency or Adjust Status.

Stating next steps:
USCIS will schedule a biometrics appointment for you to have your biometrics electronically captured at a USCIS Application Support Center (ASC). You will be receiving a biometrics appointment notice by mail with specific date, time and place where you will have your fingerprints and /or photographs taken.

You must wait to receive your biometrics appointment notice before going to the ASC for biometrics processing

VIII. 2nd Notice of Action (NOA) Form I-797C, Notice of Action - The applicant Receives second Notice of Action (NOA) acknowledging I-765 petition has been delivered. Typical wait time is two months after the USCIS produces the  I-765, Application for Employment Authorization card. 

IX. 2nd Notice of Action (NOA) Form I-797C, Notice of Action - The applicant Receives second Notice of Action (NOA) for the ASC Biometrics Appointment Notice with the date,place and time specified. Typical wait time is two weeks after the USCIS sent the first NOA.

X. Go to your Application Support Center appointment (fingerprints)
After you file your application, you will be notified to appear at an Application Support Center for biometrics collection, which usually involves having your picture and signature taken and being fingerprinted.  This information will be used to conduct your required security checks and for eventual creation of a green card, employment authorization (work permit) or advance parole document.

XI. 3rd Notice of Action (NOA) Form I-797C, Notice of Action - The applicant Receives third Notice of Action (NOA) Request for applicant to appear for initial interview. Typical wait time is two months after the USCIS sent the second NOA.

Go to your interview 
You may be notified of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation regarding your application. You must attend all interviews when you receive a notice.

When you come to your interview, you (and the family member that filed the Form I-130 petition on your behalf, if applicable) must bring originals of all documentation submitted with this application including passports, official travel documents, and Form I-94 regardless if they are expired.

Not all applications require an interview. USCIS officials will review your case to determine if it meets one of the exceptions. 

XII. 4th Notice of Action (NOA) Form I-797C, Notice of Action - The applicant Receives fourth Notice of Action (NOA) a Welcome Notice to notify you that your application for permanent residence has been approved at the same time your approved Permanent Resident Card/Green Card.Typical wait time is two weeks or more.

Get you final decision in the mail
After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by USCIS.  In all cases, you will be notified of the decision in writing.

The granting of permanent residency is generally recorded as the date that you became a permanent resident.  Refugees and certain humanitarian parolees (e.g. Cuban, Lautenberg) will have their date of adjustment of status recorded as that of their entry into the United States as a refugee. Asylees, whether the principal filer or his/her derivatives, will have their date of adjustment recorded as 1 year prior to the date of being granted permanent residence.

Change of Address
You must advise USCIS of a change of address. To update your address, see the “Change of Address Information” page in the content of the notification mail.

GLOSSARY:


Who is a Green Card Holder (Permanent Resident)?
A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." 

Change of Status from Fiance (e) Visa 
Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.


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1 comment:

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