Adjustment of Status
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Now that we're happily married, it's time to do the paperwork to adjust my status from that of a K-1 beneficiary, to that of a Lawful Permanent Resident as the spouse of a US citizen. 

I ordered the following forms from the INS' online form service: I-485 (Application to Register Permanent Residence or Adjust Status), I-864 (Affidavit of Support), G-325A (Biographic Information), I-131 (Application for Travel Document), and I-765 (Application for Employment Authorization). While I was fortunate and got my EAD when I crossed the border, I need to have my work authorization extended for a year (and maybe two) while my adjustment of status is pending. Also, I'd like to be able to travel back to Canada to visit my friends and family, and unless I file form I-131, I may not be allowed to return to the US and my application for adjustment will be deemed to be abandoned by INS.

On June 15, 1998, Sheila and I drove the 3.5 hours to Louisville, KY which is our local INS office. The office is only open from 8 am to 1 pm, and thereafter by appointment. We left the house at 6:30 am, and got to the office a bit after 10:00. There were already about 25 people in the office waiting, so we dutifully took a number, sat, and waited. We were number 20, and we were a little disheartened when we heard the fellow call for "number 2". We waited about 2 hours before he finally called our number. I must say, after all the grief some of the folks were giving him about misplaced forms, difficult INS rules and regulations and general irritability, the fellow was surprisingly calm and friendly when we stepped up to the window.

Along with the forms, I took my birth certificate, my passport, four 3/4 view colour photos, a copy of the I-94 which was stapled to my passport, a copy of the Fiancé(e) Petition approval notice, and a copy of my marriage certificate. There is a $130 filing fee for the I-485, $25 for the fingerprints, and $70 for each of the I-131 and the I-765 - for a total of $295.

I said I had three items of business for him... my application for adjustment of status, the EAD application, and the application for advance parole. I handed him my papers and he checked over each and every page, shuffled the order of a few of them, looked up and said that everything seemed in order, and then stamped each of them "approved". Sheila and I stared at each other in quiet disbelief! He asked if I had the payment for the filing fees and I gave him a cheque for the total. He noted that fingerprints were not to be done before the forms are filed, but also indicated that they could do them right then and there! More shock and disbelief - but about 15 minutes later, my fingers smudged with ink, I was a believer. He indicated that I'd get a letter in the mail to confirm a date for my return to get my EAD, that my advance parole would be sent directly to me, and that they're currently running about 15 months for the status adjustment. So, I'll have to return to the INS office sometime in July and that'll probably be the last of that for a year until my EAD expires and I have to file another renewal.

On July 11, I received my advance parole in the mail - just shy of one month from the date of application at the INS office. It's a five page document. Page 1 is a general info page indicating that my advance parole has been approved and is valid for multiple applications for admission to the US up to its expiration date of July 7, 1999. Page 2 indicates that presentation of the document will permit me to resume my application for adjustment of status upon my return to the US, but if my adjustment of status is denied, I will be subject to removal proceedings. Well, I'm sure that won't be a problem. Page 3 is a copy of page 2. The fourth page is the actual authorization for advance parole. It verifies both the expiration date of the parole and that it's valid for multiple entries to the US, and has my 3/4 view photo attached to the bottom of the page with an INS stamp over it. It was signed by the district director of the Louisville, Kentucky INS office. Page 5 is a copy of page 4. So, I'm now able to return to Canada to visit my family, although I probably won't go now until the fall!

On July 17, I went to INS for the renewal of my EAD. The letter I received said to bring the letter, the receipt for the $70, my passport, and any other INS documents which I had received. The wording was a bit vague, so I made sure to take all my documentation with me just in case. As it turns out, I only needed the EAD which I had received back in April. I put my letter in the tray and a few minutes later I was called into the office. I had my photo taken and they got a print of my right index finger. I signed the card and a few moments later I had another EAD - this one valid for a year. I thought the EAD would be valid for a year from July 17, but it was backdated to June 15, the day I had actually filed for employment authorization. So, it's valid until mid-June, 1999. This brings up an interesting catch-22 situation because technically, I was not allowed to work past June 30 when my original EAD expired, and yet today I found out that I *was* eligible, but I just didn't know it! Well, INS works in strange and mysterious ways sometimes.