Jump to content
Raub21

is I-130 required for i-495?

By Raub21 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

 Share

5 posts in this topic

Recommended Posts

Raub21 Rookie

Raub21   0

Posted
Filed: AOS (pnd) Country: Morocco
 Timeline
Posted

I am submitting a question on my friend behalf. His lawyer asked him to file form I-130 along with i-485. I disagreed with him.

His wife came in to the contry on k1 visa fiancee visa. They got married here and filed i-485 just like it s being detailed on the visajourney guide. Now he hired a lawyer and this guy aked him for $1200 to file i-130. He insisted that s my friend wife should had filled it. I am kind of guessing he is just tring to take more money from him.

My question is there any proof we can show to this lawyer to prove he is wrong? Thanks in advance for your replies

Dec 26/04 - Sent I-129F

Feb 2/05 - NOA1

March 6 - received Packet 3

April 15 - Interview in Casablanca, approved

June 28 - Arrive in the U.S. via JFK

Jul 7 - WE ARE MARRIED

AOS

Aug 13/05 - paperwork sent by USPS

Aug 22/05 - NOAs received for AOS ALL cheques cashed

Dec 12 Biometrics done

Dec 14 Work permit approved online

Aug 08/06 -Green card approved

Removing Conditioins

06/19/08 Mailed I-751

Link to comment
Share on other sites
raymaga Mentor

raymaga   25

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

As long as they married within 90 days of entry into the U.S. with the K-1 Visa, and submitted the I-485 after marriage, there is no need for the I-130.

I know if it were me, I would be finding a different lawyer, or else doing the paperwork myself. That lawyer obviously does not know what he is talking about or it trying to rip your friend off.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Link to comment
Share on other sites
YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

NO :no: It is only needed when adjusting status from a visa other than K-1, or if the K-1 married AFTER the I-94 expiration date.

There is a check box on form I-485 that asks if you are adjusting from a fiancee visa, if so then attach a copy of I-129F NOA2 Approval letter.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Link to comment
Share on other sites
Raub21 Rookie

Raub21   0

Posted
Filed: AOS (pnd) Country: Morocco
 Timeline
  • Author
Posted

Thank you guys. I appreciate the quick replies and answers. My friend insisted that he knows people that submitted the i-485 and they never being asked to fill out the i-130. I think that what made lawyer to rethink about it and called him later today saying that my friend is right and he does not need the 130.

I told him if I were you, I would do the paper work myself. Some lawyers are realyy greedy and looking to rip people off sepcially who don t know things like this.

Dec 26/04 - Sent I-129F

Feb 2/05 - NOA1

March 6 - received Packet 3

April 15 - Interview in Casablanca, approved

June 28 - Arrive in the U.S. via JFK

Jul 7 - WE ARE MARRIED

AOS

Aug 13/05 - paperwork sent by USPS

Aug 22/05 - NOAs received for AOS ALL cheques cashed

Dec 12 Biometrics done

Dec 14 Work permit approved online

Aug 08/06 -Green card approved

Removing Conditioins

06/19/08 Mailed I-751

Link to comment
Share on other sites
bluegreen Collaborator

bluegreen   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

That is a pretty basic concept that the lawyer made a mistake on...if it was a genuine mistake then he must be really inexperienced in immigration law, and if was not genuine then he is trying to rip your friend off!

So scary how incompetant some lawyers appear to be.

Concurrent I-130 and AOS

Nov 30 2007 - I enter US as a tourist to spend the ski season with my sweetie and figure out what we both want outta life - we plan on ending up in Canada, but...

Jan 30 2008 - We get married in Vegas! We decide to stay in the US.

Feb 08 2008 - File I-130, I-485, AP and EAD

Feb 11 2008 - Package arrives in Chicago

Feb 19 2008 - Receive NOA 1 for everything except I-485. NOA date Feb 15th

Feb 19 2008 - Touch I-130, AP, EAD

Feb 21 2008 - Receive I-485 NOA 1. NOA Date Feb 15th

Feb 22 2008 - Receive Biometrics notice, dated Feb 20th, for appointment March 11th

Feb 27 2008 - Walk in to Denver field office and have Biometrics taken early as the 11th March I'll be away

Apr 16 2008 - EAD card production ordered

Apr 16 2008 - AP approval sent

Apr 21 2008 - AP received in mail

Apr 21 2008 - EAD card production email received again - strange

Apr 24 2008 - EAD card approval notice sent email

Apr 26 2008 - EAD card received

May 03 2008 - Interview notice received -June 27th

May 22 2008 - Touch on I-485

June 09 2008 - I-130 finally shows up online and shows a touch that day, so does I-485

Jun 27 2008 - Interview - approved, stamped, received card production email. Ya-hoo!!!!

July 10 2008 - Card received

Total time from filing - approval: 4.5 months

MOVED TO SAN DIEGO!!

Lifting of Conditions

June 11 2010 - Package mailed

June 16 2010 - NOA date

July 2 2010 - Bio letter received - July 27th date

July 9 2010 - Early biometrics walk in San Marcos CA

Sept 16 2010 - Card production ordered

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...