me and my husband are confuse please help

[simply me 0]

hi everyone , im new here in this vjsite and i'm so confuse

can anyone gives us the idea on what to do ..i was a k1 visa category type and now i am in the US marry my petitioner whose my husband now .he filed a petition for relative or i-130 not the AOS..he said he just follow the instructions from the uscis website ..but i dont think he researched well ...which i should have too..and my question is do we have to wait to get i-130 approval before we can file for AOS ?we already received a notice of action from it ...can we still file for AOS ?please help...any idea will be greatly appreciated...

[VanessaTony 3,567]

Ooo that's a tough one. I would call them and say the wrong paperwork was filed and see if you can get your money refunded... I'm not sure what happens from here because what he's done is apply for another Visa... but you already have one and have used it...

How long ago did he send in that paperwork?

[Jasman0717 9]

I know some people here hate this but 'the guides here on VJ worked for me!!!! '

[simply me 0]

my husband send that paperwork last oct 17 and received letter or notice of action oct 27 last year 09..

[Bobby+Umit 161]

my husband send that paperwork last oct 17 and received letter or notice of action oct 27 last year 09..

Recommend you call USCIS and make an INFOPASS to see what your options are.

Fee refund? Hard to get - read this

Edited January 11, 2010 by Bobby_Umit

[Darnell 8,479]

If you were married within 90 days of arriving in the USA,

and IF

it was more than a year to file for AOS,

then, ya, SOMETIMES, an I-130 is the thing to file. but USUALLY is filed IN CONJUNCTION with the I-485 package.

NORMALLY, the AOS package, the I-485, is filed a few weeks to a few months AFTER marriage.

Can you be more specific about dates, please?

1. date of arrive in USA on K-1 visa

2. date of marriage

The Notice of Active that you received, IMO, is the receipt notice, and NOT any approval notice.

I suggest , if it's less than 1 year from date of marry, that the I-485 is filed, NOW. not soonish, but NOW.

Please read the guides here for AOS and the I-485 (train yer eyes UP, find the word 'Guides' and CLICK IT ).

Good Luck, what ever you do next.

[simply me 0]

If you were married within 90 days of arriving in the USA,

and IF

it was more than a year to file for AOS,

then, ya, SOMETIMES, an I-130 is the thing to file. but USUALLY is filed IN CONJUNCTION with the I-485 package.

NORMALLY, the AOS package, the I-485, is filed a few weeks to a few months AFTER marriage.

Can you be more specific about dates, please?

1. date of arrive in USA on K-1 visa

2. date of marriage

The Notice of Active that you received, IMO, is the receipt notice, and NOT any approval notice.

I suggest , if it's less than 1 year from date of marry, that the I-485 is filed, NOW. not soonish, but NOW.

Please read the guides here for AOS and the I-485 (train yer eyes UP, find the word 'Guides' and CLICK IT ).

Good Luck, what ever you do next.

I arrive in the US last july 29, 09 and got married last oct 9,09 ...he filed i-130 last oct17,09(which was the wrong thing) and got receipt the following days which was last oct 21 ,09...and i wonder if we can still file for AOS ?yeah we do need to call the USCIS though.....does anyone have experience like this?

[Darnell 8,479]

I'll think you'll be fine to submit the AOS package NOW. Can you start it today?

Forget the I-130, for now - until you receive a letter about it - then, when you get a letter about - write a letter back to them, stating to cancel it - with a paragraph of explanation stating you did not understand what to file.

Read the Guildes Here about AOS - is not just one form to fill out. Let me know if you have trouble finding the guides section, ya?

it's been 3 months since you've been married, I think you'll be fine , if you file for AOS today (or at least finish it all by Friday, then send it off ) .

Good Luck !

[simply me 0]

I arrive in the US last july 29, 09 and got married last oct 9,09 ...he filed i-130 last oct17,09(which was the wrong thing) and got receipt the following days which was last oct 21 ,09...and i wonder if we can still file for AOS ?yeah we do need to call the USCIS though.....does anyone have experience like this?

Thank you very much darnell and some vj members who gave me their brilliant idea.Actually just last night me and my husband are filling up forms of i-485,i-765,and g325a and at last i found the guide!which is really helpful for us ..We need to submit those along with the documents as soon as we finish ..."right away"

[john_and_marlene 162]

If you were married within 90 days of arriving in the USA,

and IF

it was more than a year to file for AOS,

then, ya, SOMETIMES, an I-130 is the thing to file. but USUALLY is filed IN CONJUNCTION with the I-485 package.

Absolutely untrue. If you married within the 90 days an I-130 is not appropriate regardless of how long you wait to file AOS.

File for AOS immediately based on the K1 entry and marriage.