Do K-1s have to file the I-130??

[Maeve 2]

Frustrated by the whole SSN incident, hubby and I made a last-ditch attempt to ask for the assistance of a Senator. But not only did the office say there was nothing they could do to help us, they planted fear in my mind by saying that we had 90 days to file for an I-130, and if we didn't he could be sent back to Canada!

She suggested an immigration lawyer.

From what I understood from reading the guides and other people's timelines, K-1 holders only have to file for AOS, and that even then there's no time restrictions - jsut the stipulation that the couple get married within the 90 days...right? Hubby's I-94 exipres in a manner of days...We've already filed for adjsutment of status and everything else, and I figured if we'd submitted the wrong forms we would've already heard back, right? Do we really need to file the I-130? I sure as hell don't want him to get deported!!!

I'm so beyond confused right now...not to mention a bit disenfranchised with this particular senator...whom I had intended to vote for...

[spookyturtle 9,465]

If the K-1 visa holder married within 90 days of entry, they do not need to file the I-130. You're fine.

[EmilyM 0]

the would let you know if you did something wrong. you do not need to fill out the I-130.

I had gotten my ssn, but I tried to change my name and they wouldn't issue me a new card because my I-94 was about to expire. The letter they gave me told me to come back in when my status changes. So, when he gets his EAD, or green card you can go back to SSA and get a card for him.

the senator's office probably doesnt know about the whole k-1 process and probably sees a lot of couples who get married first.

[Maeve 2]

*big sigh of relief*

I thought that was the case and tried to explain it to the person I spoke with...

I suppose I should cut her some slack...she's basically the case worker for the senator's office so I shouldn't be too pissed that she doesn't know about everything.

Still...just another example of how badly messed up this immigration system is. You have to deal with so many different offices, none of whom seem to know anything.

[ManuFred 10]

Frustrated by the whole SSN incident, hubby and I made a last-ditch attempt to ask for the assistance of a Senator. But not only did the office say there was nothing they could do to help us, they planted fear in my mind by saying that we had 90 days to file for an I-130, and if we didn't he could be sent back to Canada!

She suggested an immigration lawyer.

From what I understood from reading the guides and other people's timelines, K-1 holders only have to file for AOS, and that even then there's no time restrictions - jsut the stipulation that the couple get married within the 90 days...right? Hubby's I-94 exipres in a manner of days...We've already filed for adjsutment of status and everything else, and I figured if we'd submitted the wrong forms we would've already heard back, right? Do we really need to file the I-130? I sure as hell don't want him to get deported!!!

I'm so beyond confused right now...not to mention a bit disenfranchised with this particular senator...whom I had intended to vote for...

I struggled with the same question too. I looked everything up on the internet before I entered US so I knew I would have to file for AOS only (i.e. not I-130) The immigration officer at POE looked through my papers and put in the I-94 in my passport and then tells me I should get married within 90 days and file for I-130. Sometimes people make mistakes, officials too appearantly.

[Maeve 2]

True...but it seems in this whole convulted system there are far too many "mistakes." There are never any concrete answers available, and everyone you speak to will tell you something different!

If anyone tried to run a private corporation this way, they'd be out of business in a week.