Andrewmassey

hi everyone,

I am a british citizen and my wife a US citizen. I entered
the USA on a K1 visa and married within the 90 days required. now the 90
days is over i would like to file i-485 and eventually an EAD. During
the past two weeks we have had trouble with my wife's federal income tax
return, now everything is sort as I am going to file for a ITIN number
with IRS. This will be a temp number i can use just for taxe purposes
only. The trouble being i dont have a SSN yet until I have filed my EAD.
My IRS ITIN number will be invalid once I get my SSN. We called up IRS
to make sure this was okay.
Now on form I-485 it asks for my visa
number, what would that be on my K1 visa? Is it the red number, the only
numbers on my K1 visa is control number, A# and the red number, is the
visa number like a cheque book having unique digits.
Also with the
filing fee what would i write a cheque to the amount of? I am filing it
with my local office here in portland (Maine). Would I also file I-130
and do I pay an additional fee for this form ontop of the fee for I-485.
Another question on form I-485 it asks for my current INS status. Would
I put married on K1? What answer are INS looking for? Also it asks for
an expire date, is that the k1 visa expire date or is it the I-94 expire
date. I just want to make sure its correct before I send it away.
Finally, i still have some ADIT photos from my K1 petition months ago,
it asks for photos within the past 30 days, i havent changed in
appearance very much so would they be still okay? What if the photos
were 31 days old? lol.... I know what INS are trying to do, but how
strict are they on the matter? On the back of the photo it needs my
alien reg number is that the 8 digit A# on my K1 visa?
I would be very
thankful of any help given in this subject. This forum has been a big
help to me in the past, especially with my K1 petition. I hope to hear
from you soon.

Andrew Massey
(A Brit in Maine)

Mardae

Now on form I-485 it asks for my visa number, what would that be on my
K1 visa? Is it the red number,

YES

Also with the filing fee what would
i write a cheque to the amount of?

Check forms and fees page on the
www.uscis.gov website for the most up to date fees...you'll
need to pay for AOS (I-485 fee $255 as of today) and fingerprinting fee
($50 as of today) AP is currently $110 and EAD is $120.

I am filing it
with my local office here in portland (Maine). Would I also file I-130
and do I pay an additional fee for this form ontop of the fee for I-485.


You do not have to file the I-130 since you came in on a K-1. I think
it mentions special instructions for fiance visa recipients in the I-485
instructions. We filed today and they did ask for an ADIT picture of me
(USC) and a photocopy of the biographical information page of my
husbands passport (I couldn't find either of these asked for in the I-
485 instructions...I'm thinking they might be things required in the I-
130 but I don't know since we didn't need to file it I never looked at
it).

Another question on form I-485 it asks for my current INS status.


We put "K-1 fiance visa beneficiary"... I was told to use this by
someone who applied successfully and is now the owner of a brand new
green card. I hope that's what they were looking for

Also it asks
for an expire date, is that the k1 visa expire date or is it the I-94
expire date.

We put the expiration date of the visa. It should be
written in passport as 90 days from when you entered the country. We
didn't use the 6 month date that the visa could be entered into the
country on.

I just want to make sure its correct before I send it away.


Always better to be safe than sorry!!!

Finally, i still have
some ADIT photos from my K1 petition months ago, it asks for photos
within the past 30 days, i havent changed in appearance very much so
would they be still okay? What if the photos were 31 days old? lol.... I
know what INS are trying to do, but how strict are they on the matter?


Can't tell you about the photos...my husbands new ones look indentical
to his old ones except for he left his big coat on in the new ones
because it was cold. I don't know how they would know when you had them
taken if you haven't changed...they don't ask for a receipt stating when
the photos are from or anything. Maybe someone with experience using
older photos would be better suited for answering this question.

On the
back of the photo it needs my alien reg number is that the 8 digit A# on
my K1 visa?

Yes (I think, it's the A# thats on the NOA2...I don't have
the visa in front of me to know for sure...I know it's on the NOA2
though).

Best of Luck with your application!!!!!!!

MarDae

Andrewmassey

thanks MarDae for your reply to my questions, the best of luck with
your current application. I will double check on the no requirement for
form I-130 as i came on K1 visa. That seems correct to me but if you had
not of mentioned that to me I might of filed form i-130 anyways. Is AP
the advance perole and does that mean i can exit the USA in case of
emergency? I will have to file my EAD with vermont as I have noticed
they dont deal with them at my local office in portland maine. Well
gotta research more into INS today and get this visa sorted out. Take
care,


Kind regards,

Andrew Massey

Sibsie

Out of curiosity why didn't you apply for your SSN sooner?

Flyergirluk

Originally posted by andrewmassey
    > Is AP the advance
perole and does that mean i can exit the USA in case of
emergency?

You definitely don't need the I-130 so don't
waste your money.

The AP, (Advance Parole) is so that you can re-enter
the US after a short visit abroad, not so that you can leave, (leaving
can be done at anytime but you'd not get back in without the AP).

Good
luck with this part of your process.

Folinskyinla

Originally posted by andrewmassey
    > hi everyone,
    >
    > I
am a british citizen and my wife a US citizen. I entered the USA on a K1
visa and married within the 90 days required. now the 90 days is over i
would like to file i-485 and eventually an EAD. During the past two
weeks we have had trouble with my wife's federal income tax return, now
everything is sort as I am going to file for a ITIN number with IRS.
This will be a temp number i can use just for taxe purposes only. The
trouble being i dont have a SSN yet until I have filed my EAD. My IRS
ITIN number will be invalid once I get my SSN. We called up IRS to make
sure this was okay.
    > Now on form I-485 it asks for my visa number,
what would that be on my K1 visa? Is it the red number, the only numbers
on my K1 visa is control number, A# and the red number, is the visa
number like a cheque book having unique digits.
    > Also with the filing
fee what would i write a cheque to the amount of? I am filing it with my
local office here in portland (Maine). Would I also file I-130 and do I
pay an additional fee for this form ontop of the fee for I-485. Another
question on form I-485 it asks for my current INS status. Would I put
married on K1? What answer are INS looking for? Also it asks for an
expire date, is that the k1 visa expire date or is it the I-94 expire
date. I just want to make sure its correct before I send it away.
Finally, i still have some ADIT photos from my K1 petition months ago,
it asks for photos within the past 30 days, i havent changed in
appearance very much so would they be still okay? What if the photos
were 31 days old? lol.... I know what INS are trying to do, but how
strict are they on the matter? On the back of the photo it needs my
alien reg number is that the 8 digit A# on my K1 visa?
    > I would be
very thankful of any help given in this subject. This forum has been a
big help to me in the past, especially with my K1 petition. I hope to
hear from you soon.
    >
    > Andrew Massey
    > (A Brit in Maine)



Hi:

I would use the ITN for filing. Later you might have to amend.
But I wouldn't worry too much about that.

On the "visa number", use the
"visa control number." The question in the I-485 pre-dates the use of
the "MRV" now used. The old "Bouroughs" type NIV's did have an actual
"visa number." In many countries, it was the practice of consuls to use
numbered security "counterfoils" over which the visa was printed. MY
practice is to use the "control number" because that is the number of
the actual visa. The red number is the number of the blank sticker on
which the visa is printed and in my mind is the equivalent of the old
security counterfoils.

You do NOT need an I-130. You entered on a k-1.
The filing fees are available on CIS website -- don't forget the $50
fingerprint fee.

Good luck.

Jenney & Mark

Originally posted by Folinskyinla
    > I would use the ITN
for filing. Later you might have to amend. But I wouldn't worry too
much about that.

Just curious...

From what I've read on the
IRS's website, those who are eligible to obtain a SSN are NOT eligible
for an ITIN. Technically the OP (a K-1 recipient) is eligible to receive
a SSN -- so doesn't that mean he's therefore ineligible for an ITIN?


Or does that change because he's now married and has to wait for his
EAD before he can get his SSN? What confuses me is, ultimately, he IS
eligible to get the SSN, so it would seem to me that the ITIN wouldn't
be available to him at any point.

Here's the IRS link about this:
-
http://www.irs.gov/individuals/artic...87,00.html#who


Not trying to rock the boat, I'm just wondering...

~ Jenney

Flyergirluk

Originally posted by Jenney & Mark
    > ...does that change
because he's now married and has to wait for his EAD before he can get
his SSN? What confuses me is, ultimately, he IS eligible to get the
SSN, so it would seem to me that the ITIN wouldn't be available to him
at any point.

It's not because he is married but because his
90 days are up, his I-94 would show this and therefore he wouldn't be
issued an SSN; a valid I-94 is required as proof, failing that,
it's the EAD.

Andrewmassey

thanks for all your replies,

the flyergirlUK is exactly spot on, the
i-94 is only valid for 90 days. i can file form ss-5 with social
security giving me access to a non-working SSN (tax purposes) but to do
that my i-94 cant be expired. It takes 14 days for a non-working SSN to
be issued to me. BUT you need to have filed for it on or before the 76th
day of your K1 POE. Yes it does mention that an ITIN is for aliens
unable to get a SSN, but im not eligable for a SSN until I get my EAD
from vermont. We called IRS on 1-800 829-1040 making everything clear,
it took about 4 call centre staff to understand our situation. She said
an ITIN is just a number as my identification as i dont have a SSN yet.
So on my wifes tax return she will leave the SSN box clear but also file
form W-7(ITIN application)
The ITIN number takes up to 6 weeks to
process and once processed, will be entered by IRS in the SSN box. They
can then complete my wife federal taxes using my new ITIN#. I will also
receive a receipt showing my new ITIN#. We also asked IRS does this mean
i wont be able to get a SSN in the future and she said it doesnt matter
and when i file for a SSN my ITIN will be invalid. I will mention I have
an ITIN # to social security when i file for a new number. I am only
going by what we were told on the telephone. At first we were confused,
but that phone call answered all our questions. This would not be a
problem if EAD's only took like a week to process and then I could
quickly get a SSN maybe next week. Thanks for all the feedback from this
topic everyone.

Kind regards,

Andrew Massey

Andrewmassey

hi everyone, i have a quick question to ask about the fingerprinting
fee's. I know at the moment it is $50 but when do Immigration need the
fee, along with the cheque for I-485? Or dont they need the
fingerprinting fee until go in for an appointment at my local office? I
would like to know how much the cheque will value when I sent in my
petition for I-485. Well gotta dash for now but thanks for previous
replies in this forum.

Kind Regards,

Andrew Massey