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Filed: Citizen (apr) Country: Australia
Timeline
Posted

I have a friend of Mine who entered the United States with a K-1 visa and when she applied for Adjustment of status she had to send FORM I-130, because know they are asking for a change of status which is based know on FAMILY. Here is a link from USCIS My link and they ask you in what category you believe best fits your situation, in most cases, you will need to have an immigrant petition filed on your behalf. The only category are: Family Based, Employment Based, Special classes of immigrant aND Humanitarian Based.

In this case they fall in the Family based category, which require to send a Form I - 130. The process they did befor was for that person to obtain a K-1 Visa, that process is over. Know the process is an Adjustment of Status, a whole new process.

No they didn't *have* to they just did... erroneously. Just because they filed and paid for paperwork that wasn't required doesn't make it right. It still works sure, but they AOSed based on the I-130, not the K1. A K1 is special and is considered a family visa. It is also a "family based AOS" like any other AOS based on marriage BUT the difference is the K1, no requirement for the I-130, you just send a copy of the K1 petition approval.

  • 2 weeks later...
Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

The 90 day thing is no big deal unless you live in a border state like AZ. The drug wars have made it tough here. Sheriff Joe works the road and employer sanctions all the time. Your chances of getting stopped are slim to none every else, even AZ, I am just paranoid been in government work too long.. Sometimes it is tough to get it all organized, marriage done and filed in 90 days, hurray for Las Vegas. Anyway Aussies do not look like Hispanics generally, hopefully yours will get done sooner than our 10 month wait.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

 
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