Filing for AOS forms

[Catherine6 118]

Buenos dias,

 

In reading about AOS, I see some people also complete/send I-130. 

 

Please clarify why.

 

Thanks.

[Roel 7,191]

You have to file i-130 when you fail to get married within 90 days. 

[eckoin 211]

People who are adjusting status from non-K1 (or non-valid K1) visas or statuses have to submit I-130. So if you're in the US on a student or a work visa, the I-130 is the form to complete, to specify that you're adjusting status (i485) based on marriage (i130). 

 

K1 already had to establish the relationship during the K1 interview itself. You still want proof of bona fide marriage for the interview, ideally, but you don't need to tell USCIS that you're adjusting based on marriage, since that's the point of the visa. 

 

And what @Roel said. 

Edited April 3, 2019 by eckoin

[Catherine6 118]

Thank you both. 

 

That's what I gather. Since the plan is to get married within the 90 days and hopefully submit packet as well 🙏🏾.