Do we have to file a I-130 and the I485????

[Nick & Tanya 0]

So we are finally together, are married and loving every minute. Of course we now have to file the I-485 before my wife ends up being illegally here. This concerns me and we'd like to adjust her status as quickly as possible. We just received the marriage certificate and we are ready to file.

I met a nice immigration officer during our K1 issue at my local office and he has been very helpful, so we went down there today to get an inside look at what the next steps are... This is where my jaw dropped.... "it will be $1490 for you to file the I-130, I-485, I-765, and I-131 and oh by the way you have until Oct 22nd to file (the date her I-94 ends) and oh by the way, you may need to get new medical"

Insanity set in and I breathed deep and decided to post with you guys. I did a little research and it makes no sense why we would have to file an I-130 when we already have an I-129f approved and the visa that allowed her here. Plus, customs in NYC took her medical paperwork to send to immigration so we shouldn't have to do another medical again!!!

Am I right that we don't need to file an I-130 and further more shouldn't need a new medical? If we can avoid the I-130 that will save us $420!!! We can spend that on our honeymoon!!!!

HELP!

[2ndMessiah 184]

You seem confused....

Can you clarify a few things.

Did you bring your fiancee into the US on a K1 visa?

did you marry within 90 days?

If the answer to both of these questions is yes then breathe. Your immigrant spouse is out of status but NOT illegally in the US. You need to adjust as soon as possible. Your next step is to file AOS, this will cost $1070. That is $985 for I485 and $85 for Biometrics.

there is no fee for the I765 EAD and I131 Advance Parole if filed at the same time as the I485. (read the instruction with the I-485)

I dont know who you talked to but I think they are confused.

[Harpa Timsah 13,260]

No I-130 required for K-1 visa entrant who married within the 90 days.

You will base your i-485 on the approved I-129F and subsequent marriage to the petitioner within 90 days, option C on the form.

Run, run away from whoever told you to file I-130.

[ChicagoSarah 127]

No to the I-130 since you have an approved I-129f. And you shouldn't need to redo the medical unless you need to provide supplement vaccination proof. If all AOS required vaccines (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3384cc5222ff5210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD) were done pre-K1 visa, then I think you're all set.

Check out the VJ AOS guide. It should help ease the panic! http://www.visajourney.com/content/k1k3aos

[Nick & Tanya 0]

The person who told us was the immigration officer at our local office.... hahaha

Yes and Yes to the questions from 2ndMessiah... Sorry to sound so abrupt and confused.

She received her K1 visa and came here on July 25th. The 90 day limit is October 22nd 2013. We married August 30th. And went to immigration today and after reviewing the I-130 I realized that it seemed extremely redundant to the I-129F and that it didn't seem necessary. So that's when I posted.

Make sense?

[2ndMessiah 184]

Your all good. I-485 is what you need.

Others here in this thread have even pointed out specific bits on the I 485 to tick. And where to look on this marvelous forum for help.

Don't worry about the 90 day limit in the passport. As long as you are married before that your good.

As I said, your now spouse is out of status but not illegally in the US.

The K1 was to get them here and get you married. Now you need to adjust their status to legal Permanent Resident.

That is what the I-485 is for.

Edited October 15, 2013 by 2ndMessiah

[Nick & Tanya 0]

You have all been very helpful and awesome! Thanks again and we are doing the I-485 now. Take care and I will check out the guide to help us with each part of the form! Rock and roll and enjoy your day!

-Nick and Tanya!

[2ndMessiah 184]

By the way.

There is no fee for EAD I-765 and Advanced Parole I-131 if filed at the same time as your I-485.

[Nick & Tanya 0]

Yes the immigration office did explain that to us. So that was correct and we knew that. Thanks again!

[KayDeeCee 4,902]

~ Moved from K-1 Process to AOS from Family Based Visas- topic is AOS ~