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jsteve01

Major Confusion on I-485 vs I-130

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Hello my wife and I are having some confusion regarding forms I-485 and i-130. She arrived here at the end of May on a K-1 Visa. We were married on June 2nd on said K1 visa. And now we were trying to determine which forms are mandatory for adjustment of status. When you go to the USCIS page they make no mention of i-130 based on K1 Visa. Now I see numerous people mentioning the i-130 form and I just want to make sure whether we need to fill that out or not.

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1 minute ago, aaron2020 said:

You do not need an I-130 since you married within 90 days of arriving on the K-1 fiancee visa.

 

If you had married after the 90 days allowed on the K-1 visa, then you would have to file the I-130.

Thank you so much. That's what we thought. But even looking on legal sites so many of these forms and the way they correspond with one another are ambiguous. I am so glad that we did K1 vs. K3.

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1 minute ago, jsteve01 said:

Hello my wife and I are having some confusion regarding forms I-485 and i-130. She arrived here at the end of May on a K-1 Visa. We were married on June 2nd on said K1 visa. And now we were trying to determine which forms are mandatory for adjustment of status. When you go to the USCIS page they make no mention of i-130 based on K1 Visa. Now I see numerous people mentioning the i-130 form and I just want to make sure whether we need to fill that out or not.

I130 is to be used in two cases. 

1) as a spousal Visa when your spouse lives overseas and you as the USC want to bring them to the US. 

2) when you as a USC get married to a non US citizen who is already in the US. You need to file a I130 along with an I485 in order for them to receive a GC.

As a K1, you do not need to file an I130 as:

1) you have already been granted legal entry into the US via your K1 Visa.

2) by following the requirements of the K1 of marrying within 90 days after you arrive, you are allowed to adjust your status.

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27 minutes ago, jsteve01 said:

But even looking on legal sites so many of these forms and the way they correspond with one another are ambiguous. I am so glad that we did K1 vs. K3.

Those sites are outdated since they still mention the K-3 visa. Although the K-3 visa is still part of current US law, it's basically obsolete. Below are the number of K-3 visas issued worldwide per fiscal year; https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf:

  • 2017: 15 visas
  • 2016: 102 visas
  • 2015: 182 visas
  • 2014: 392 visas
  • 2013: 144 visas

I bet that in Fiscal Year 2018 less than 8 were issued worlwide. Possibly near 0 for Fiscal Year 2019. Basically the sites you've seen are outdated.

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