I-130 & AOS For K1 visa

[Justin242 0]

hello guys,

i hope someone could help me ..

i am a K1 and i arrived here last december 29,2008 and got married january 30th.

the situation is my husband hired a lawyer to help us in our paper and to avoid RFE. he hired him from processing K1, AOS and interview. in my K1 ,all the papers that he prepared really look good , organized and actually when we sent it to the USCIS it runs smoothly i mean no RFE, and during my interview at the us embassy i got approved immediately. and thats the reason we trust him.

2nd week of February we met him to pay of what we owed and ask him what are the documents he need for my AOS. in our meeting he told us how much money needed in filing AOS together with the EAD , and he asked if we want to file application for travel document which is I-131 but it is not included in 1010 so we need to pay another 305 dollars , my husband and i decided not to include that cause it is not necessary. last week of february we met him again , we gave the documents that he need and we signed the forms . during signing he told us that he forgot to tell us that we need to file I-130 which is petition for alien relative and it is required not optional and we need 355 dollars for that and i was shocked coz my husband already petition me for alien fiance. we asked him why we need to petition again and he said thats the USCIS law, we better to follow them to avoid problem in the future. we came home very frustrated cause we really want to send the packet that time and we only have 1010 .

1st week of march at the third time we met our lawyer again , we gave him the money order worth 355 for I-130 and 1010 for AOS AND EAD, he asked us if we are sure not to include the I-131 and we told him no if we pay another 305 but if its free we can include that . he said its not included. so we end up not filing it. OUR lawyer sent the packet last march 28th and my k1 visa expired in that date. we received RFE because we dont have I-693 medical examination and vaccination record we end up paying 285 in the civil surgeon.

when I searched AOS here in visajourney i did not find I-130 that is included in filing an AOS on a K1 case and i noticed that mostly of the AOS filers they have I-131 which is the application for travel document or the advance parole. im wondering and confused about that.....

my question is, is I-130 petition for alien relative is included in filing AOS or not?.. and I-131 application for travel document or the advance parole is not inlcuded in AOS i mean if we file that is it true that we will pay 305 dollars for that?...... is my lawyer correct or not ?

i hope someone could answer me ....

i already received an email from CRIS about my EAD telling me that my card is already ordered.. but i have not received the card yet.. i hope soon...

[Saddle Bronc 124]

There is no I-130 to be filed in a K-1 marriage, simply AOS.

If you file a packet-deal I-485 (with I-765 and I-131), you get an all-inclusive rate of $1,010; but if you wish to exclude the I-131 and/or I-131, you still fork out $1,010--but will need to pay extra if you wish to add the two parts on later)

[KGSodie 0]

Spot on advice, CherryXS, though I was of the notion that if AOS is filed for after the I-94 expires, that the I-130 is required. I don't remember why I have this notion, however, and I could easily be mistaken.

[sunandmoon 450]

Spot on advice, CherryXS, though I was of the notion that if AOS is filed for after the I-94 expires, that the I-130 is required. I don't remember why I have this notion, however, and I could easily be mistaken.

they were married before the I-94 expired. no need to file an I-130. an I-130 only needs to be filed when married after the

I-94 has expired.

[Justin242 0]

thank you guys...

im pissed off right now..

i dont know how to fix this ...

[sunandmoon 450]

There is no I-130 to be filed in a K-1 marriage, simply AOS.

If you file a packet-deal I-485 (with I-765 and I-131), you get an all-inclusive rate of $1,010; but if you wish to exclude the I-131 and/or I-131, you still fork out $1,010--but will need to pay extra if you wish to add the two parts on later)

I do not believe this is correct. if submitting I-765 or I-131 after filing I-485, you just need to submit a copy of the I-767C Notice of Action for the I-485. no additional fee required.

NOTE: Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

Edited July 3, 2008 by Roy and Yazi

[sunandmoon 450]

.. and I-131 application for travel document or the advance parole is not inlcuded in AOS i mean if we file that is it true that we will pay 305 dollars for that?...... is my lawyer correct or not ?

i hope someone could answer me ....

not correct

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file the I-131 for Advance Parole or for a Refugee Travel Document concurrently with your I-485, or you may submit the I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for advance parole or a refugee travel document separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence that you filed and paid the fee for the Form I-485 required on or after July 30, 2007.