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K1 visa holder - Application for change of status with no I-797?

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  • K1 visa holder - Application for change of status with no I-797?

    Hi,

    I recently moved to the US on a K-1 visa and have since married by partner. I am preparing my I-485 application for change of status. I never received an I-797 Approval Notice. Is this going to be an issue?

    My cover letter is as follows (any advice is helpful):

    [Name]
    [Address]
    [Mobile no.]
    [Email]
    [A-number]
    [Date of application]

    United States Department of Homeland Security
    US Citizenship and Immigration Services

    Nature of submission: I-485 Immediate Relative (Spouse) Family Based Adjustment of Status

    Filing concurrently:
     I-765 Application for Employment Authorization
     I-131 Application for Travel Document (Advance Parole)

    Good Day,

    I entered the United States of America with a K-1 visa on [Date of entry]. My place of entry was Los Angeles. I am applying for Adjustment of Status based on my marriage to [Partner's name], a US citizen. We were married on [Date of marriage] in [Place of marriage].

    I have enclosed the following forms:

    1. Form I-485 and supporting documents (Application to Register Permanent Residence or Adjust Status)
    1.1. Form G-1145 E-Notification of Application/Petition Acceptance
    1.2. NVC acceptance letter of the I-129F petition
    1.3. Certified copy of marriage certificate
    1.4. Copy of birth certificate
    1.5. Copy of biographic page of passport
    1.6. Copy of K1 visa page and passport admission stamp
    1.7. South Africa criminal record check
    1.8. United Kingdom criminal record check
    1.9. Form I-864 Affidavit of Support from my husband, including the following supporting documents
    1.9.1. Copies of W2’s for the past three (3) years
    1.9.2. Copy of petitioner’s bank statement
    1.9.3. Copy of petitioner’s biographic page of passport
    1.9.4. Copy of petitioner’s birth certificate
    1.10. Copy of Vaccination Documentation Worksheet, Form DS-3025
    1.11. Sealed envelope for the Form I-693 signed by a USCIS recommended civil surgeon
    1.12. Two (2) “2 x 2” size colored photos with name and A# on the back
    1.13. Payment in the amount of $1,225 (filing fee & biometrics fee)

    2. Form I-765 and supporting documents (Application for Employment Authorization)
    2.1. Form G-1145 E-Notification of Application/Petition Acceptance
    2.2. Certified copy of marriage certificate
    2.3. Copy of biographic page of passport
    2.4. Copy of K1 visa page and passport admission stamp
    2.5. Two (2) “2 x 2” size colored photos with name and A# on the back

    3. Form I-131 and supporting documents (Application for Travel Document)
    3.1. Form G-1145 E-Notification of Application/Petition Acceptance
    3.2. Certified copy of marriage certificate
    3.3. Copy of biographic page of passport
    3.4. Copy of K1 visa page and passport admission stamp
    3.5. Two (2) “2 x 2” size colored photos with name and A# on the back

    Copies of documents submitted are exact photocopies of unaltered documents and we understand that we may be required to submit the original documents to an Immigration officer at a later date.
    Sincerely yours,

  • #2
    Provide an explanation that your partner never received the approval NOA, but include the Receipt NOA the USCIS status page showing approval for that receipt number and your visa copy as proof that your petition was approved.

    --Ray B

    Originally posted by johno View Post
    Hi,

    I recently moved to the US on a K-1 visa and have since married by partner. I am preparing my I-485 application for change of status. I never received an I-797 Approval Notice. Is this going to be an issue?

    My cover letter is as follows (any advice is helpful):

    [Name]
    [Address]
    [Mobile no.]
    [Email]
    [A-number]
    [Date of application]

    United States Department of Homeland Security
    US Citizenship and Immigration Services

    Nature of submission: I-485 Immediate Relative (Spouse) Family Based Adjustment of Status

    Filing concurrently:
     I-765 Application for Employment Authorization
     I-131 Application for Travel Document (Advance Parole)

    Good Day,

    I entered the United States of America with a K-1 visa on [Date of entry]. My place of entry was Los Angeles. I am applying for Adjustment of Status based on my marriage to [Partner's name], a US citizen. We were married on [Date of marriage] in [Place of marriage].

    I have enclosed the following forms:

    1. Form I-485 and supporting documents (Application to Register Permanent Residence or Adjust Status)
    1.1. Form G-1145 E-Notification of Application/Petition Acceptance
    1.2. NVC acceptance letter of the I-129F petition
    1.3. Certified copy of marriage certificate
    1.4. Copy of birth certificate
    1.5. Copy of biographic page of passport
    1.6. Copy of K1 visa page and passport admission stamp
    1.7. South Africa criminal record check
    1.8. United Kingdom criminal record check
    1.9. Form I-864 Affidavit of Support from my husband, including the following supporting documents
    1.9.1. Copies of W2’s for the past three (3) years
    1.9.2. Copy of petitioner’s bank statement
    1.9.3. Copy of petitioner’s biographic page of passport
    1.9.4. Copy of petitioner’s birth certificate
    1.10. Copy of Vaccination Documentation Worksheet, Form DS-3025
    1.11. Sealed envelope for the Form I-693 signed by a USCIS recommended civil surgeon
    1.12. Two (2) “2 x 2” size colored photos with name and A# on the back
    1.13. Payment in the amount of $1,225 (filing fee & biometrics fee)

    2. Form I-765 and supporting documents (Application for Employment Authorization)
    2.1. Form G-1145 E-Notification of Application/Petition Acceptance
    2.2. Certified copy of marriage certificate
    2.3. Copy of biographic page of passport
    2.4. Copy of K1 visa page and passport admission stamp
    2.5. Two (2) “2 x 2” size colored photos with name and A# on the back

    3. Form I-131 and supporting documents (Application for Travel Document)
    3.1. Form G-1145 E-Notification of Application/Petition Acceptance
    3.2. Certified copy of marriage certificate
    3.3. Copy of biographic page of passport
    3.4. Copy of K1 visa page and passport admission stamp
    3.5. Two (2) “2 x 2” size colored photos with name and A# on the back

    Copies of documents submitted are exact photocopies of unaltered documents and we understand that we may be required to submit the original documents to an Immigration officer at a later date.
    Sincerely yours,

    Comment


    • #3
      Thanks Ray

      Comment

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