About to file for AOS...

[awkwardsoul 20]

I POE'd for my K-1 a month ago and got married a few weeks ago.

Annoyingly, my husband wanted to go with a lawyer for a K-1 and I found out that was a package deal for AOS as well so I'm stuck with it again.

With that said, I'm checking what I need and the lawyer sites we need to have a money orders for:

Adjustment of Status = $1070

I-130 = $420

Plus the usual passport photos/copies of visa/ I-94/ tax stuff/etc.

I thought I only need to do I-485, I-864, G-325a? What is the I-130 for? I'm guessing after VJ browsing it is greencard related, but wasn't sure if this applies to me at the moment.

Edited May 2, 2012 by awkwardsoul

[Inky 1,110]

I POE'd for my K-1 a month ago and got married a few weeks ago.

Annoyingly, my husband wanted to go with a lawyer for a K-1 and I found out that was a package deal for AOS as well so I'm stuck with it again.

With that said, I'm checking what I need and the lawyer sites we need to have a money orders for:

Adjustment of Status = $1070

I-130 = $420

Plus the usual passport photos/copies of visa/ I-94/ tax stuff/etc.

I thought I only need to do I-485, I-864, G-325a? What is the I-130 for? I'm guessing after VJ browsing it is greencard related, but wasn't sure if this applies to me at the moment.

Uh no no no no no no no

You do not even touch an I-130 let alone pay for it! its not even used for K-1 AOS !!! YIKES. Please fire that lawyer !!!!

You only need to follow the step by step guide. http://www.visajourney.com/content/k1k3aos

[tru_loves_journey 117]

Read this guide http://www.visajourn...content/k1k3aos Good Luck

1.G-325a

2.I-864

3.I-485

4.I-765 (optional)

5.I-131 (optional)

6.G-1145 (optional) ( all these file together cost $1070.00 ) for AOS / Your check should be made to: U.S. Department Of Homeland Security

Edited May 2, 2012 by tru_loves_journey

[OlofAllie 0]

Uh no no no no no no no

You do not even touch an I-130 let alone pay for it! its not even used for K-1 AOS !!! YIKES. Please fire that lawyer !!!!

You only need to follow the step by step guide. http://www.visajourney.com/content/k1k3aos

Are you sure about that? I've in the same situation as the OP (about the send the AOS package) and when I received my K1-visa I also got a letter from the embassy saying that once married in the US one I need to file the I-485 and the US citizen needs to file I-130 at the same time.

I also got confused about that visajourney didn't say anything about the I-130, but I think it's safest to go with the instructions from the embassy. Or did you manage to adjust status without it?

[Penny Lane 8,159]

Are you sure about that? I've in the same situation as the OP (about the send the AOS package) and when I received my K1-visa I also got a letter from the embassy saying that once married in the US one I need to file the I-485 and the US citizen needs to file I-130 at the same time.

I also got confused about that visajourney didn't say anything about the I-130, but I think it's safest to go with the instructions from the embassy. Or did you manage to adjust status without it?

People who are adjusting from K1s absolutely DO NOT have to complete a I-130.

[VanessaTony 3,567]

Are you sure about that? I've in the same situation as the OP (about the send the AOS package) and when I received my K1-visa I also got a letter from the embassy saying that once married in the US one I need to file the I-485 and the US citizen needs to file I-130 at the same time.

I also got confused about that visajourney didn't say anything about the I-130, but I think it's safest to go with the instructions from the embassy. Or did you manage to adjust status without it?

EVERY K1 who married within the 90 days (and before 2 years of marriage) should have filed AOS without the I-130. That is how it's supposed to be. That's why we came over a K1... K1 does NOT require an I-130 and yes, I and thousands of other K1's AOS'd without the I-130.

I am 1 trillion % sure no I-130 is required.

Edited May 2, 2012 by Vanessa&Tony

[Anh map 2,098]

Are you sure about that? I've in the same situation as the OP (about the send the AOS package) and when I received my K1-visa I also got a letter from the embassy saying that once married in the US one I need to file the I-485 and the US citizen needs to file I-130 at the same time.

I also got confused about that visajourney didn't say anything about the I-130, but I think it's safest to go with the instructions from the embassy. Or did you manage to adjust status without it?

The I-130 is not a part of the Adjustment of Status for a person who entered on a K visa.

[Tinchen_ 21]

when u entered via k1 visa and got married u dont need to file the I-130 again. all you need is to make copies from ur NOA1-2 from the I-130 petition. so uscis sees that it was approved.

the link what inky sent its really helpful.

[Penny Lane 8,159]

when u entered via k1 visa and got married u dont need to file the I-130 again. all you need is to make copies from ur NOA1-2 from the I-130 petition. so uscis sees that it was approved.

the link what inky sent its really helpful.

K1s do not file an I-130. They file an I-129F. It is the copy of the NOA2 approval of the I-129F petition that they include.

Edited May 2, 2012 by Coconuts

[Tinchen_ 21]

K1s do not file an I-130. They file an I-129F. It is the copy of the NOA2 approval of the I-129F petition that they include.

oh yeah miss spelled that one uhps..thanks for correcting me so fast coconuts. saver lol

[awkwardsoul 20]

Oh geeze, thanks everyone!

What would one need an I-130 for? Trying to think why my lawyer thinks I need it? >__<

My I-94 is up at the end of June, if I take too long do get my AOS done, would I need to do it then?

[VanessaTony 3,567]

Oh geeze, thanks everyone!

What would one need an I-130 for? Trying to think why my lawyer thinks I need it? >__<

My I-94 is up at the end of June, if I take too long do get my AOS done, would I need to do it then?

There are 2 cases where a K1 would need it:

1. You got married AFTER 90 days to your K1 petitioner; and

2. You applied for AOS after more than two YEARS of marriage.

There are two reasons he thinks you need it:

1. He's an idiot; and/or

2. He wants more money from you.

[kcoyclay1 98]

There are 2 cases where a K1 would need it:

1. You got married AFTER 90 days to your K1 petitioner; and

2. You applied for AOS after more than two YEARS of marriage.

There are two reasons he thinks you need it:

1. He's an idiot; and/or

2. He wants more money from you.

Lol

[didopage 337]

And I would add this:

Read this document: http://www.uscis.gov/USCIS/Resources/A2en.pdf

"If I choose the fiancé(e) visa option, how does my fiancé(e) obtain permanent resident status?" it's only talking about the I-485.

and "What if my fiancé(e) is already in the United States in another status and we decide to marry now?", in that particular case, you file for the I-130. But as she will enter with the fiance visa, then you don't file for the I-130.

Your fiance/now-husband already filed a petition for you (I-129F), he doesn't need to file another one (I-130) now that you're married. Your lawyer is not good!

Edited May 2, 2012 by didopage

[leenas 2]

Hi.

I was looking up information i had once seen on the expiration date for the I-94. When i fell on this topic. I too was in that situation where the lawyer told me the I-130 had to be sent out (came down on a k-1 visa). Thank you for the information. I have sent out the info to see what they will tell me. Its funny but at the same time annoying cause i paid them to do all the diffrent procedures and since the beginning ive been correcting their procedures du to this site. If only i had found visajourney before... there would be no lawyers. Thank you so much.