I-130 vs. AOS

[Judithgo 0]

I am new to all this so please excuse my ignorance in this subject.

I am a married US citizen, my husband lives in Mexico. We were told we needed to file a I-130 so my husband could live in the US legally.

As I go through the forums I see people filing for the AOS for their relatives living in other countries.

So, which one is the correct form to have my husband in the US as a legal permanent resident ad which form does he need to work in the US?

The whole process is overwhelming...

HELP!!!

[daphoknee 4]

You want to file for the I-130. Once that is approved you will need to file for AOS later on.

Take a look at the guides section for I-130

Hope that helps.

[Judithgo 0]

Thank you so much!

Your answer was simple and straight to the point!

Do you know if there is a time frame to apply for the AOS after I-130 has been approved? and does he need an additional application to work in the US?

[NikLR 13,227]

Don't confuse the two AOS. One is Adjustment of Status for spouses who are living in the USA. The other is Affidavit of support which is required at the second stage of a CR1 visa, after the petition is approved and sent to the NVC.

If you are chasing a CR1 visa you never have to adjust status.

[Ryan H 3,813]

Moved from Progress Reports to Process & Procedures.

[The Mean Lady 604]

Don't confuse the two AOS. One is Adjustment of Status for spouses who are living in the USA. The other is Affidavit of support which is required at the second stage of a CR1 visa, after the petition is approved and sent to the NVC.

If you are chasing a CR1 visa you never have to adjust status.

^this

op has clearly confused affidavit with adjustment

[Ms Hogan 295]

The I-130 is a petition sent in by you. Basically asking permission for your spouse to apply for a CR1 or IR1 visa. The CR1 is issued to a spouse who has been married less than 2 years. The IR1 is for a spouse who has been married for 2 years or greater.

After your petition is approved, your spouse will be invited to apply for the actual visa (CR1 or IR1) at which point there are 2 "paths" so-to-speak. You must go down each path in order to make it to the interview.

Path 1 is IV which is the immigrant visa application.

Path 2 is the AOS which is affidavit of support. This is where you must prove that you can financially support your spouse when they come to America. If you can't do it yourself you will need to get a co-sponsor.

After all of the required fees have been paid and documents accepted he will go to an interview for final approval.

After the interview takes place and the application is approved he will make his entry to the US with a visa in hand. At THAT point he is eligible to work legally in America.

This is a VERY basic explanation of the process but I think it should answer your questions.

Start reading around the forums for the Spousal applications details as there are tons of us. And at the top you will find guides.

Good luck!