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I am a bit confused. I brought my wife and her son on a K1/K2 fiancee visa.

Now that I have filed for an AOS I get a request for evidence.

Here is what they are asking of my wife and son:

"(1 & 2) Submit evidence that an immigrant visa petition has been filed on your behalf. Such evidence includes a copy of the I-797 Notice of Action on Form I-129F (Petition for Alien Fiancee), Form I-130 (Petition for Alien Relative), or Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), and/or copy of Form I-171 (Notice of Approval from the Consular Office)."

Ok, I have the I-797 NOA but why would they expect me to have submitted the I-130 when she was not my bride yet? And the Form I-171, I have no idea what that is.

I sent them everything that is needed for an AOS.

Did they make a mistake or did I? Must I now fill out a Form I-130 and pay an additional $190 for each?

I would appreciate some help on how to correct this. Who do I need to contact or what do I need to do.

Desperate!

Howard and Aoy

Atlanta

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Filed: Country: Singapore
Timeline
"(1 & 2) Submit evidence that an immigrant visa petition has been filed on your behalf. Such evidence includes a copy of the I-797 Notice of Action on Form I-129F (Petition for Alien Fiancee), Form I-130 (Petition for Alien Relative), or Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), and/or copy of Form I-171 (Notice of Approval from the Consular Office)."

Ok, I have the I-797 NOA but why would they expect me to have submitted the I-130 when she was not my bride yet? And the Form I-171, I have no idea what that is.

The key word here is "or". You must send a copy of your NOA since that is what you have.

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Filed: Timeline

She is your wife now correct???????????? Once you get married you MUST file the I-130 Petition for Alien Relative before you can submit the AOS..... the K1 and K2 Visa is a NON immigrant Visa....

This K Visa was only to allow her to come here and marry you...... It does not allow her to live in the U.S.....

You have to show evidence that she is now your relative... The marriage certificate shows she is your wife but you must petition for her to be a resident in the U.S for being a relative.

You are required to file the I-130 for them once you are legally married in the U.S.... This is the reason they are asking for more evidence... You suppose to file this AT THE SAME TIME you file the AOS.....

Edited by scorpio232

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Filed: AOS (apr) Country: Canada
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She is your wife now correct???????????? Once you get married you MUST file the I-130 Petition for Alien Relative before you can submit the AOS..... the K1 and K2 Visa is a NON immigrant Visa....

This K Visa was only to allow her to come here and marry you...... It does not allow her to live in the U.S.....

You have to show evidence that she is now your relative... The marriage certificate shows she is your wife but you must petition for her to be a resident in the U.S for being a relative.

You are required to file the I-130 for them once you are legally married in the U.S.... This is the reason they are asking for more evidence... You suppose to file this AT THE SAME TIME you file the AOS.....

NO this is incorrect.. If adjusting from a K-1 visa you do not need to file the I-130.. All the OP needs to do is find the approval notice from the I-129F and send a copy of that in.. that is the evidence they are looking for.. That's the whole point of filing for the Fiance visa...

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This is correct.... If he did not get married within the 90 days of her arrival... Then he would have to file this.. If they asked him to file the I-130 it is because they did not get married within the 90 day period.

If you did get married before the 90 day period then you only need to send your copy of the approval notice and that will fix that problem like he said....

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This is correct.... If he did not get married within the 90 days of her arrival... Then he would have to file this.. If they asked him to file the I-130 it is because they did not get married within the 90 day period.

If you did get married before the 90 day period then you only need to send your copy of the approval notice and that will fix that problem like he said....

-------------------------------------------

Thank you. yes we got married a few days after arriving here in the states (oct 29). So I just need to file the NOA and nothing else? I was concerned since it had 1 & 2 at the start as though they wanted two pieces of evidence. You would think that the K1 visa would be evidence of the NOA for the I-29F. You know I have submitted over 200 seperate documents since our journey began. Mostly the same forms and information over and over. INS is truly the department of redundancy department!

One last question, is it proper and allowed to ask for an appt locally here in Atlanta with INS to clarify this letter. I would not like to have our request rejected because of their mistake.

Thanks to everyone for the advice! We couldnt have made it without you all.

Howard and Aoy

Atlanta

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Filed: K-1 Visa Country: Colombia
Timeline

They just want the NOA. You do not need to file the I 130.

This is correct.... If he did not get married within the 90 days of her arrival... Then he would have to file this.. If they asked him to file the I-130 it is because they did not get married within the 90 day period.

If you did get married before the 90 day period then you only need to send your copy of the approval notice and that will fix that problem like he said....

-------------------------------------------

Thank you. yes we got married a few days after arriving here in the states (oct 29). So I just need to file the NOA and nothing else? I was concerned since it had 1 & 2 at the start as though they wanted two pieces of evidence. You would think that the K1 visa would be evidence of the NOA for the I-29F. You know I have submitted over 200 seperate documents since our journey began. Mostly the same forms and information over and over. INS is truly the department of redundancy department!

One last question, is it proper and allowed to ask for an appt locally here in Atlanta with INS to clarify this letter. I would not like to have our request rejected because of their mistake.

Thanks to everyone for the advice! We couldnt have made it without you all.

Howard and Aoy

Atlanta


10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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Filed: Citizen (apr) Country: Colombia
Timeline

I agree with joe - I had submitted the NOA2 with the I485 package (we got married within 90 days) - no I130 was required. AOS interview was last week and nothing else was asked for. If you had followed the instructions and guidelines; I know one of them explicitly asks for the NOA2 and I had that on my list of documents. Good Luck


2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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I agree with joe - I had submitted the NOA2 with the I485 package (we got married within 90 days) - no I130 was required. AOS interview was last week and nothing else was asked for. If you had followed the instructions and guidelines; I know one of them explicitly asks for the NOA2 and I had that on my list of documents. Good Luck

You guys are the greatest! I brag to everyone about this website while listening to my friends who went thru a lawyer and had nothing but frustration.

To all who responded give yourselves two "ATTA BOY"! :thumbs::yes:

Howard and Aoy

Atlanta

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