Is I-130 form needed in AOS if i its K1 visa?

[SALLY AND MIKE 0]

Hello,

Is I-130 form needed in filing for Adjustment of Status if its k1 visa holder enter here in US?and married before 90days?

Can u help me...and clear up whats that form?

thank u

[Nich-Nick 3,354]

K1s are not the majority when it comes to doing AOS. People are also doing AOS who have lived in the US for years. They are adjusting from student, work, all kinds of visas. So when you read something posted about AOS, make note of their timeline and if they are also a K1. Otherwise their process may be different. This forum is a melting pot from many, many visas. So the I-130 with AOS is for people who are already here for another reason, who marry a US citizen while here. Now they want a green card. They haven't done an I-129F for a foreign fiance or I-130 for a foreign spouse. So they have to start with a petition. You're past that with your I-129F petition approval. You go straight to the AOS form.

[krautlaus 7]

Nope - assuming that you currently are in the U.S. on the K-1, form I-130 is only -

Purpose of Form :

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.

This is a pretty good list of what you will probably need for the AOS as a K-1 holder:

http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

[SALLY AND MIKE 0]

thank u so much......now im done all the papers fill up for AOS....and soon to be send when ive done transfer to civil surgeon /////....

[JimVaPhuong 4,864]

K1s are not the majority when it comes to doing AOS. People are also doing AOS who have lived in the US for years. They are adjusting from student, work, all kinds of visas. So when you read something posted about AOS, make note of their timeline and if they are also a K1. Otherwise their process may be different. This forum is a melting pot from many, many visas. So the I-130 with AOS is for people who are already here for another reason, who marry a US citizen while here. Now they want a green card. They haven't done an I-129F for a foreign fiance or I-130 for a foreign spouse. So they have to start with a petition. You're past that with your I-129F petition approval. You go straight to the AOS form.

This particular subforum is only for people who are adjusting status from a "family based visa". There is another subforum for people adjusting status from other types of visas. Pretty much the only family based visas that required an AOS application to be sent were the K1 and K3 (and the derivative K2 and K4). All of the other family based visas are immigrant visas, so the alien would enter the US as a permanent resident - no separate AOS required. The K3 is all but obsolete, so this subforum is pretty much all K1's now.