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I-130 required for KI Adjustment?

By rosie's baby in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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rosie's baby Contributor

rosie's baby   5

Posted
Filed: Timeline
Posted

Please could you confirm that I-130 is required along with I-485 when you are a K1 adjustor? VJ does not mention it on their list of form requirements but USCIS does on their website. Dont want to have to pay extra if dont need to. Can anyone confirm what is required?

sweettmayy Collaborator

sweettmayy   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Please could you confirm that I-130 is required along with I-485 when you are a K1 adjustor? VJ does not mention it on their list of form requirements but USCIS does on their website. Dont want to have to pay extra if dont need to. Can anyone confirm what is required?

Not that I know of- I didn't read that I-130 part from USCIS website or the I864 form instructions.

I submitted mine last week and I did not put the I130 form.. far as I know you only need

to submit I130 if the person is applying as K3.

30856_124572207573865_100000632586169_173719_5800719_s.jpg23974_111678225529930_100000632586169_125929_7304847_s.jpg34123_130157300348689_100000632586169_196606_7012337_s.jpg24187_103126533051766_100000632586169_85106_2345808_s.jpg29056_119728048058281_100000632586169_153028_3800503_s.jpg

marriedtomrg Proficient

marriedtomrg   141

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

K1 doesn't need an I-130 to adjust status.

The forms they have to fill out are the I-485 (adjustment of status), G-325A (biographic form) I-765 (employment authorization) and I-131 (advanced parole). Will need your medical transcribed to a I-693 form through a civil surgeon in your area.

The list on the VJ Guide is correct: http://www.visajourney.com/content/k1k3aos

They listed requirements for K1 and K3 side by side (due to some similarities), you just follow what applies to you.

Please could you confirm that I-130 is required along with I-485 when you are a K1 adjustor? VJ does not mention it on their list of form requirements but USCIS does on their website. Dont want to have to pay extra if dont need to. Can anyone confirm what is required?

Be smart, have a plan, and hang on to the people you love. - Chris Gardner

 

N-400 Timeline

02-23-2018: Sent N-400 Application online

02-23-2018: Date on NOA, retrieved from online account

02-23-2018: Date on Biometrics Appointment Letter (Biometrics Appointment at Jacksonville ASC on March 13, 10:00 a.m.)

03-08-2018: Biometrics complete

04-05-2018: Case status updated - Interview Scheduled on May 10, 2018, 10:15 a.m. :D

05-10-2018: Citizenship Interview - Passed English and Civics Tests, Recommended for Approval! :D 

06-19-2018: Received email and text notification: Naturalization Ceremony Scheduled; waited for letter to be uploaded on online account - it has been set on Wednesday, July 25, 3:00 p.m.

07-25-2018: I am now a U.S. Citizen!

 

K3-K4 Journey.txt

sweettmayy Collaborator

sweettmayy   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Please could you confirm that I-130 is required along with I-485 when you are a K1 adjustor? VJ does not mention it on their list of form requirements but USCIS does on their website. Dont want to have to pay extra if dont need to. Can anyone confirm what is required?

For K1 to AOS - you need I864 plus other forms for EAD,AP, etc.

For K3 - you need I130 and I 485.

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Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

The K-1 is adjusting from the approval of the I-129f petition (fiance) so doesn't need to file an I-130 petition (family member) as well, unless the K-1 marriage happened 2 years or more prior to filing for the AOS. You're fine with just the I-485, the affidavit of support, the medical supplement, the travel permission and the work permission.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

If it's 2 years or more after your POE date, then yes, your USCitizen Spouse needs to add in the I-130, pay the extra fee, as the 'guides for filing a regular AOS from K-1 visa' were not followed by the two of you.

If it's less than 2 years since POE date, no, no I-130 required .

Are you studying the guides section here? You really should, you know - many man hours went into creating them, for your reading enjoyment.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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sweettmayy Collaborator

sweettmayy   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

If it's 2 years or more after your POE date, then yes, your USCitizen Spouse needs to add in the I-130, pay the extra fee, as the 'guides for filing a regular AOS from K-1 visa' were not followed by the two of you.

If it's less than 2 years since POE date, no, no I-130 required .

Are you studying the guides section here? You really should, you know - many man hours went into creating them, for your reading enjoyment.

I agree... :) I read them over and over again. A lot of help! still I don't get replies on my own topic

for some reason. I have my own topic created and yet no one has ever helped or answered

me about my case :(

30856_124572207573865_100000632586169_173719_5800719_s.jpg23974_111678225529930_100000632586169_125929_7304847_s.jpg34123_130157300348689_100000632586169_196606_7012337_s.jpg24187_103126533051766_100000632586169_85106_2345808_s.jpg29056_119728048058281_100000632586169_153028_3800503_s.jpg

rosie's baby Contributor

rosie's baby   5

Posted
Filed: Timeline
  • Author
Posted

I agree... :) I read them over and over again. A lot of help! still I don't get replies on my own topic

for some reason. I have my own topic created and yet no one has ever helped or answered

me about my case :(

Sorry - not familiar with posting as you can see. Thank you for your prompt replies. may I ask another question - is just one photo of petitioner and relative required?

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
OK have taken your advice and double checked the guides - it seems 2 pics are required of the non US spouse. Sorry to be so stupid.

There's an AOS thread mentioned in my signature which should help you.

Good luck.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

sanfran2418 Contributor

sanfran2418   1

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

I am over 2 years late filing for AOS for my wife and her daughter. Will I have to pay an I-130 for my wife and child or just for my wife?

AOS- Sent Nov. 8th 2010 Chicago Lockbox

AOS- Received Nov.12 2010 Chicago Lockbox

AOS- Received NOA1 Nov. 16 via email

AOS- Received Hard Copy Noa1's via US Postal Nov 18.

AOS- i485,EAD,AP for wife/ EAD for child touched Nov.19

AOS- Received Biometrics for mother and child Nov.22nd via US Postal scheduled for Dec 15th.

AOS- Went in for Biometrics. Dec 15th at 8am. Pretty fast..took bout 20 min in and out for mother and child.

AOS- Recieved NOA2 Jan 10th. Appt set for Feb.8th at 1:30pm

AOS- Approved Feb 8 Permanent residency

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

I am over 2 years late filing for AOS for my wife and her daughter. Will I have to pay an I-130 for my wife and child or just for my wife?

If an I-130 is required for her mother than an I-130 will also be required for the daughter. Whether you can file that I-130 depends on how old the daughter was when you married her mother, and how old the daughter is now.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

sanfran2418 Contributor

sanfran2418   1

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

If an I-130 is required for her mother than an I-130 will also be required for the daughter. Whether you can file that I-130 depends on how old the daughter was when you married her mother, and how old the daughter is now.

she was 5...now shes 7

AOS- Sent Nov. 8th 2010 Chicago Lockbox

AOS- Received Nov.12 2010 Chicago Lockbox

AOS- Received NOA1 Nov. 16 via email

AOS- Received Hard Copy Noa1's via US Postal Nov 18.

AOS- i485,EAD,AP for wife/ EAD for child touched Nov.19

AOS- Received Biometrics for mother and child Nov.22nd via US Postal scheduled for Dec 15th.

AOS- Went in for Biometrics. Dec 15th at 8am. Pretty fast..took bout 20 min in and out for mother and child.

AOS- Recieved NOA2 Jan 10th. Appt set for Feb.8th at 1:30pm

AOS- Approved Feb 8 Permanent residency

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

she was 5...now shes 7

Yep, you could file the I-130. The daughter qualifies as an immediate relative of a US citizen, and there's no potential age-out problem.

Her age would only have been a problem is she was 18 or older when you married her mom.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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