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alex8585

Spouse Green Card already in the states

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Hi,

 

My wife came to the U.S. on November 2018 with K1 visa. We got married on November 2018 and mailed our I-130 and I-485 and the USCIS returned our package back to us due to payment issues. I have maid $535 money order for I-130 and $85 money order for I-485 biometrics fee and G-1450 Credit Card Authorization for the amount of $1140 for I-485. Luckily  I was able to refund all the money orders phew. So I have heard that if the spouse already in the states with k1 visa and was married withing 90 days I don't need to file I-130 is this correct? Can you please tell me the forms that need to be filled out for a spouse green card already in the states with K1 status? Thank you so much for your help. 

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3 minutes ago, alex8585 said:

Hi,

 

My wife came to the U.S. on November 2018 with K1 visa. We got married on November 2018 and mailed our I-130 and I-485 and the USCIS returned our package back to us due to payment issues. I have maid $535 money order for I-130 and $85 money order for I-485 biometrics fee and G-1450 Credit Card Authorization for the amount of $1140 for I-485. Luckily  I was able to refund all the money orders phew. So I have heard that if the spouse already in the states with k1 visa and was married withing 90 days I don't need to file I-130 is this correct? Can you please tell me the forms that need to be filled out for a spouse green card already in the states with K1 status? Thank you so much for your help. 

You are correct that you do not need to file for the I-130 if you came in on a K1 visa. You will file for the I-485 AOS instead

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1 minute ago, alex8585 said:

Hi,

 

My wife came to the U.S. on November 2018 with K1 visa. We got married on November 2018 and mailed our I-130 and I-485 and the USCIS returned our package back to us due to payment issues. I have maid $535 money order for I-130 and $85 money order for I-485 biometrics fee and G-1450 Credit Card Authorization for the amount of $1140 for I-485. Luckily  I was able to refund all the money orders phew. So I have heard that if the spouse already in the states with k1 visa and was married withing 90 days I don't need to file I-130 is this correct? Can you please tell me the forms that need to be filled out for a spouse green card already in the states with K1 status? Thank you so much for your help. 

I think they got highly confused that you send CC form AND money orders + the wrong forms.

 

I-130 is for spousal visas, your fiance is here already on the fiance visa. Just file I-485 (AOS), I-765 (EAD) and I-131 (AP).

The fees are on the USCIS website, you only pay the I-485 + biometrics fee. I-765 and I-131 are free if filed together with I-485.

 

I strongly advise you to educate yourself on this process before you re-file, since not being educated can cost a lot of money and can end up in denials. See the guides on here (top of the page) and the instructions on the USCIS website. Don't wing it, it's not gonna end well.

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4 minutes ago, alex8585 said:

So I have heard that if the spouse already in the states with k1 visa and was married withing 90 days I don't need to file I-130 is this correct?

Correct. Please read the guide and all instructions:

https://www.visajourney.com/content/k1k3aos


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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24 minutes ago, C90 said:

I think they got highly confused that you send CC form AND money orders + the wrong forms.

 

I-130 is for spousal visas, your fiance is here already on the fiance visa. Just file I-485 (AOS), I-765 (EAD) and I-131 (AP).

The fees are on the USCIS website, you only pay the I-485 + biometrics fee. I-765 and I-131 are free if filed together with I-485.

 

I strongly advise you to educate yourself on this process before you re-file, since not being educated can cost a lot of money and can end up in denials. See the guides on here (top of the page) and the instructions on the USCIS website. Don't wing it, it's not gonna end well.

Thank you so much for your response. Can I file I-485 with I-131 and skip the I-765? Will I-131 still be free when filling with I-485?

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1 minute ago, alex8585 said:

Thank you so much for your response. Can I file I-485 with I-131 and skip the I-765? Will I-131 still be free when filling with I-485?

Yes it will. Just keep in mind that if you don't file the I-765, your wife won't be able to work until she has her green card. Depending on your local office this can take up to 33+ months.

It's highly recommended to file the I-765 but not mandatory.

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18 minutes ago, alex8585 said:

Can I file I-485 with I-131 and skip the I-765? Will I-131 still be free when filling with I-485?

Yes.

But why would you not file the I-765 anyway? It's also free and takes very little time.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 2/25/2019 at 6:18 PM, C90 said:

Yes it will. Just keep in mind that if you don't file the I-765, your wife won't be able to work until she has her green card. Depending on your local office this can take up to 33+ months.

It's highly recommended to file the I-765 but not mandatory.

So I did file all 3 forms (I-485, I-765 and I-131) and ready to ship them out. I have one last question about paying with G-1450 Credit Card Authorization. Can I make a one total payment of $1225 for both I-485 and biometrics fee or do I need make 2 separate G-1450 payments? Thanks for all your help.

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1 payment is fine.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, alex8585 said:

So I did file all 3 forms (I-485, I-765 and I-131) and ready to ship them out. I have one last question about paying with G-1450 Credit Card Authorization. Can I make a one total payment of $1225 for both I-485 and biometrics fee or do I need make 2 separate G-1450 payments? Thanks for all your help.

1 payment of $1225. You can mention in your cover letter that the payment is for I-485 + biometrics.

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