RAE

[HowieD 0]

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

[Ephesia 0]

"(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.

[scorpio232 0]

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 February 25, 2006 by scorpio232

[de_sjiem 0]

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...

[scorpio232 0]

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....

[HowieD 0]

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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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

[sjoefl01 1]

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

[motu 5]

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

[HowieD 0]

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"!

Howard and Aoy

Atlanta