Filed I-130 as a K1 AOS. What to do? (Split)

[cross86 5]

My fiance arrived here in November and we married right away. I thought I needed to file the I-130 so I did, but after reading this thread apparently I did not need to file it. Should I withdraw the I-130? I suppose there is no way to get a refund on the fee is there? I would really hate to lose out on the filing fee, but it's my own fault if I do.

Edited January 18 by cross86

[OldUser 4,897]

29 minutes ago, cross86 said:

My fiance arrived here in November and we married right away. I thought I needed to file the I-130 so I did, but after reading this thread apparently I did not need to file it. Should I withdraw the I-130? I suppose there is no way to get a refund on the fee is there? I would really hate to lose out on the filing fee, but it's my own fault if I do.

USCIS doesn't refund fees.

 

Now, it's a tricky situation.

 

Usually you'd file I-485 with a copy of approved I-129F. Did you file I-485 at all?

Did you include copy of I-129F with it? Or I-130?

 

If you haven't filed I-485 yet, it's too late to rely on I-129F and you're OK with I-130. But you gotta file I-485 with copy of I-130 receipt.

 

Be prepared for longer than usual processing times...

Edited January 18 by OldUser

[cross86 5]

16 minutes ago, OldUser said:

USCIS doesn't refund fees.

 

Now, it's a tricky situation.

 

Usually you'd file I-485 with a copy of approved I-129F. Did you file I-485 at all?

Did you include copy of I-129F with it? Or I-130?

 

If you haven't filed I-485 yet, it's too late to rely on I-129F and you're OK with I-130. But you gotta file I-485 with copy of I-130 receipt.

 

Be prepared for longer than usual processing times...

 

I am working on the I-485 right now, so I haven't filed it yet. The guide I was following said to file I-130, so that is why I did that first. I should have paid more attention so it's definitely my fault of course.

 

So now I should file the I-485 with a copy of the I-130 receipt, and I should not try and withdraw the I-130 even though I don't need it? Thanks for your help as I attempt to navigate this maze.

 

Edited January 18 by cross86

[Family 3,513]

1 hour ago, cross86 said:

 

I am working on the I-485 right now, so I haven't filed it yet. The guide I was following said to file I-130, so that is why I did that first. I should have paid more attention so it's definitely my fault of course.

 

So now I should file the I-485 with a copy of the I-130 receipt, and I should not try and withdraw the I-130 even though I don't need it? Thanks for your help as I attempt to navigate this maze.

 

No issues at all with you filing the I-130 . Case will be fine .

Go ahead and do I-485, I-765, I-131 and I-864 .

Include copy of both I-130 Receipt Notice and I-129 F approval

. 

 

[cross86 5]

10 minutes ago, Family said:

No issues at all with you filing the I-130 . Case will be fine .

Go ahead and do I-485, I-765, I-131 and I-864 .

Include copy of both I-130 Receipt Notice and I-129 F approval

. 

 

 

Thanks, I will do just that then. I know the I-485, I-765, and I-131 can all be filed together. It looks like based on my state all these forms will be going to the Phoenix lockbox, can I also file I-864 with the other 3? Thanks for the help.

[powerpuff 5,914]

Above post and replies were split off into their own thread. In the future, please start a thread of your own to ask questions.

 

VJ Moderation 

[Crazy Cat 39,336]

4 hours ago, cross86 said:

 

Thanks, I will do just that then. I know the I-485, I-765, and I-131 can all be filed together. It looks like based on my state all these forms will be going to the Phoenix lockbox, can I also file I-864 with the other 3? Thanks for the help.

The I-864 MUST be filed with the I-485 package.  I'm not sure what guides you are using, but you should be using the VJ guides.  Here is the one for Adjustment of Status:

 

 

Edited January 18 by Crazy Cat

[cross86 5]

Thanks for organizing the thread, I apologize for not creating my own. 
 

Thanks @Crazy Cat for the link to the VJ guide. I was using a PDF guide I downloaded some time ago but this VJ guide looks better. Not sure how I missed it but I will be on the right track now.