Adjustment of Status in the US on a K1 visa

[Juliette1 3]

Hi everyone,

 

I have arrived to the US on a K1 visa and got married a month ago. Now it is time to file for Adjustment of Status and I am confused as to whether my husband should first file and wait for approval of i-130 form or I can submit the i-485 and the relevant documents package straight away. I have been receiving mixed advice. 

 

Thank you in advance!

[powerpuff 5,917]

~~ Topic moved from K1 forum to AOS k1 visas as the question is not about AOS ~~
 

Did you marry within the 90 days of your arrival?

Edited December 5, 2022 by powerpuff

[Juliette1 3]

yes, I am a bit worried as to not submitting the AoS package earlier however. It's been a month now since we got married. my k1 expired on Nov 21. Married on Nov 2nd

[powerpuff 5,917]

4 minutes ago, Juliette1 said:

yes, I am a bit worried as to not submitting the AoS package earlier however. It's been a month now since we got married. my k1 expired on Nov 21. Married on Nov 2nd

To be precise, k1 visas are a one time use visas. So it technically expired when you entered. When do the 90 days of your authorized stay finish?

[Juliette1 3]

IT already finished. My k1 visa was valid until Nov 21 - that's the deadline I had to get married. I married on Nov 2nd, working on my Adjsutment of Status package now. My question was about something different, namely, whether i can file -485 package straight away or need the i-130 approved first. We do have the 129f approved.

[powerpuff 5,917]

1 minute ago, Juliette1 said:

IT already finished. My k1 visa was valid until Nov 21 - that's the deadline I had to get married. I married on Nov 2nd, working on my Adjsutment of Status package now. My question was about something different, namely, whether i can file -485 package straight away or need the i-130 approved first. We do have the 129f approved.

No I-130 needed if married within 90 days of your authorized stay per your I-94.

[Juliette1 3]

thanks a lot!

[carmel34 3,531]

19 hours ago, Juliette1 said:

My question was about something different, namely, whether i can file -485 package straight away or need the i-130 approved first. We do have the 129f approved.

I-485, it is also a good idea to include forms I-765 and I-131 at the same time, with the I-485, in order to receive an EAD (work authorization) and Advance Parole (for travel outside the US with the ability to return) card, while waiting for the I-485 to be adjudicated.

[SalishSea 16,810]

22 hours ago, Juliette1 said:

IT already finished. My k1 visa was valid until Nov 21 - that's the deadline I had to get married. I married on Nov 2nd, working on my Adjsutment of Status package now. My question was about something different, namely, whether i can file -485 package straight away or need the i-130 approved first. We do have the 129f approved.

Why would you need the I-130?

[Juliette1 3]

22 minutes ago, Jorgedig said:

Why would you need the I-130?

I received some misleading guidance so decided to double-check

[keickhoff 104]

I filed the 485 and 765 together in September. I didn't realize you could file a 131 unless there was an emergency situation requiring travel outside the US before the 485 adjudicated. Can you travel for any reason?

Thanks

[powerpuff 5,917]

53 minutes ago, keickhoff said:

Can you travel for any reason?

Yes

[Juliette1 3]

Hi! Just wanted to update that I have submitted the AOS I-485 from k1 on January 7,2023 along with the I-765 and I-131 but won't be needing those forms to be approved because I just saw today that my I-485 has been approved without the interview on June 6,2023 so in 5 months! We're surprised to say the least.

[Me and her 276]

On 6/8/2023 at 6:59 PM, Juliette1 said:

Hi! Just wanted to update that I have submitted the AOS I-485 from k1 on January 7,2023 along with the I-765 and I-131 but won't be needing those forms to be approved because I just saw today that my I-485 has been approved without the interview on June 6,2023 so in 5 months! We're surprised to say the least.

Wow!  Congratulations 👏