I-130 required in my case...?

[panamagirl 0]

Some confusion here..! My girlfriend (from Panama) and I got married here in the U.S. on the spur of the moment while she was here on a 6 month tourist visa. The way I understand it we do not need to do the I-130 now just the adjustment of status packet now because she is already here not the alien relative/I-130 form that is required to get your fiance here for the marriage. Is this correct? Any help appreciated.

[YuAndDan 153]

NO If you look closely at the I-485 form there is NO check box for adjusting from a visitor's visa, only for adjusting status from K-1, or from an approved I-130.

1. Based on an immigrant petition.

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

http://www.uscis.gov/files/form/i-485instr.pdf

A K-3 would be A: In your case you will be B: and will need to fill out an I-130 petition along with the required documentation for the I-130 and attach the $355 fee.

There is a guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited August 26, 2008 by YuAndDan

[pushbrk 13,073]

Some confusion here..! My girlfriend (from Panama) and I got married here in the U.S. on the spur of the moment while she was here on a 6 month tourist visa. The way I understand it we do not need to do the I-130 now just the adjustment of status packet now because she is already here not the alien relative/I-130 form that is required to get your fiance here for the marriage. Is this correct? Any help appreciated.

You must file an I-130 petition along with the i-485.

[panamagirl 0]

Can anyone tell me if I can include the I-130 with my AOS packet or if I need to do it separate..? She is already here in the U.S.A. and I was under the understanding that we only needed to do the AOS paper work now. The I-130 has me confused because that is for a Alien relative who is not yet her/(seaking permission to come to the U.S.A).

Anyone married on a tourist visa out there that could clear this up for me. Do I do the I-130 separate, then wait for a reply or do I send them all in at once the I-130 & I-485/AOS packet…? Some people say I only need to do the I-485 and some other say do both together…?

[chuckb 0]

Can anyone tell me if I can include the I-130 with my AOS packet or if I need to do it separate..? She is already here in the U.S.A. and I was under the understanding that we only needed to do the AOS paper work now. The I-130 has me confused because that is for a Alien relative who is not yet her/(seaking permission to come to the U.S.A).

Anyone married on a tourist visa out there that could clear this up for me. Do I do the I-130 separate, then wait for a reply or do I send them all in at once the I-130 & I-485/AOS packet…? Some people say I only need to do the I-485 and some other say do both together…?

As I understand it, you need the I-130 and the I-485 filed concurrently. The I-130 to get the Immigration part of it started, and the I-485 so you can stay here legally. You don't want to be here illegally, you could get banned from the US for a period of time up to 10 years...

[pushbrk 13,073]

Can anyone tell me if I can include the I-130 with my AOS packet or if I need to do it separate..? She is already here in the U.S.A. and I was under the understanding that we only needed to do the AOS paper work now. The I-130 has me confused because that is for a Alien relative who is not yet her/(seaking permission to come to the U.S.A).

Anyone married on a tourist visa out there that could clear this up for me. Do I do the I-130 separate, then wait for a reply or do I send them all in at once the I-130 & I-485/AOS packet…? Some people say I only need to do the I-485 and some other say do both together…?

Answered yesterday in the post directly above yours. Yes you file it all together but write separate checks.

[panamagirl 0]

Thanks for that info just was not sure if I needed both and if so if I could do it all together.

About the G-325a biographic form I understand two copies need to be sent in one for her the applicant and one for me (as petitioner?)..? Is that correct? If so what does she put for alien registration number? None since she does not have one with her current visa/tourist?

[pushbrk 13,073]

Thanks for that info just was not sure if I needed both and if so if I could do it all together.

About the G-325a biographic form I understand two copies need to be sent in one for her the applicant and one for me (as petitioner?)..? Is that correct? If so what does she put for alien registration number? None since she does not have one with her current visa/tourist?

Answer all questions truthfully and accurately. If she has not A number, write none.

The I-130 requires a G325a from each of you but the I-485 requires a separate additional one from your wife. This would not be a "copy" but would be nearly identical. This is a four page document. Even though the data on the pages is the same, they are not "copies".