QUESTION: ADJUSTMENT OF STATUS APPLICATION

[Tony Boy]

Here's my situation.  I have worked on a small island for 5 years.  I married a girl about 2 years ago who will soon enter the US on one of the new K3 visas which allows her/me to file the I-864 and file for an Adjustment of Status.    When I go to the INS office to file for the adjustment of status what supporting documents do I need to take?  I realize they want 3 years tax returns.  And there is a letter I acquire from my employer and submit with the original application for a visa proving current employment.  However, by the time you arrive in the US anything could have happened.  The letter is at least 4 months old by then.  Do you need a new letter to prove current employment at the time we file the adjustment of status in the US or do they simply accept the tax returns and trust you?  In short, what did YOU GUYS TAKE WITH YOU and WHAT DID THEY INS ASK FOR when you filed for the adjustment of status?  Please respond by email if possible to:

monksealji@nospam.com

Thanks!

[Ray]

... in response to QUESTION:  ADJUSTMENT OF STATUS APPLICAT..., posted by Tony Boy on Feb 12, 2002

I have no idea what the INS procedure is for K-3 visa recipients after they arrive in the U.S. I would call the INS’s toll-free info number and see what you can find out.

Since the whole purpose of the K-3 is to let your wife come over while the INS is processing your I-130 petition, I would ‘ass-u-me’ that you don’t have to file any papers until the I-130 is nearing completion. The K-3 is good for 2 years so her status is solid during that time. She will be allowed to work or travel abroad while under K-3 status.

I would make sure that the INS processing center where you filed the I-130 knows that your wife has arrived under a K-3 so they will know how to finish processing the application. You don’t want them to send it to the NVC and Manila.

Please let us know what you find out.

Ray