You can mail these forms to your local USCIS Field Office, but it is best to file them in person. Not all offices allow you to file them in person however.
After you have filed the AOS paperwork, you will either be mailed a letter with an appointment time, or at some offices it can be done the same day if you file in person.
- Cover letter stating that you are happily married and wish to have your status adjusted.
- Form I-485 -
- AOS Form
- Affidavit of Support (I-864) - + $315 processing fee
- Supporting documents for I-864 (employer letter, 3yrs tax returns etc.)
- Form G-325A - For both spouses
- Form I-765 - - Work authorization (1yr EAD) + $175 processing fee
- Form I-131 - - Advance Parole + $165 processing fee
- 4 Adit Photos - Canadian spouse
- Copies of passport page, K1 Visa, I-94 (front and back), birth certificates, divorce/death certificates.
- Certified copy of your marriage license
- Evidence of married relationship (joint bank accounts, charge cards, insurance, loans, letters addressed to both of you, wedding pictures etc.)
- Sworn statements from at least two people, attesting to the length of time that you and your spouse have been living as a married couple.
- $50 fingerprint fee
We ended up filing James' AOS after the 90 days because of uncontrollable circumstances, but it ended up being a blessing. Instead of going to Detroit to file, we called an USCIS (a.k.a INS and BCIS) office which is actually one of the border patrol offices. We explained to the inspector our situation and she let us choose and appointment date and time and of course we wanted it right away since James' temporary EAD was expired. So the next day we drove about 2 hours to the office instead of driving 5-6 hours to Detroit. The whole thing only took about an hour from the time we walked in to the time we walked out. I know you're wondering what office it is that I'm talking about, but I'm reluctant to say because I don't want people thinking that they can just go there and have the same thing happen to them. I think we just lucked out. But if you're from northern Michigan and are REALLY in a pinch, you can e-mail me and I'll give you the phone number. Anyway, the inspector seemed kinda bitchy (excuse my language) at first.. but once she made sure our check was cleared... she warmed right up to us. We didn't get charged the $50 finger print fee or the $88 EAD fee. I'm not sure why though. She also gave me back half of the paperwork I handed her (the EAD app., biographical forms and something else) and also 2 of the 4 adit pictures. When we told her that no one knows that you can go to this office she laughingly said "yeah.. and you don't have to tell anyone either. We suspect that they don't want people going there to do the AOS thing mainly because they don't really have any seating (the place was pretty old and dumpy) and there is only one INS inspector there that has authority to grant visas and such. Although I heard not that long ago that they did some renovation (hint, hint) and they were actually working on it when we were there.
So in the end, James' status was adjusted and he received employment authorization right on the spot.
