Filing I-130 with I-485?

[bhlloy 0]

Hi all,

I went to the USCIS local office in Los Angeles this morning to see about my work permit being delayed, and was told by the officer there that I would recieve (another) RFE because I had never filed I-130 after we were married. I came in on I-129F and this is the first I have ever heard of it. I had thought that the I-130 was strictly for couples who were married outside the US and wanted to enter based on married status. He showed me an I-485 form that looked completely different to the one I filled out (looked a lot older and crappier) that clearly said that I-130 was requisite for AOS. I told him that as far as I was aware this wasn't the case - at which point he basically said that was fine, but if I didn't send it in I would get another RFE. The original RFE mentioned nothing about needing this form. He also then wouldn't discuss the work permit at all

This has freaked me out a bit so I would appreciate somebody clearing this up for me. Am I missing something on this site so completely obvious, because I thought all I needed was I-129F approval and marriage certificate to adjust (and the I-485 I filled out seems to confirm this). Thanks in advance!

[Yodrak 7]

bhlloy,

If you married within the 90-day time period allowed after entry on a K1 then you do not need to submit an I-130 with the I-485.

Yodrak

Hi all,

I went to the USCIS local office in Los Angeles this morning to see about my work permit being delayed, and was told by the officer there that I would recieve (another) RFE because I had never filed I-130 after we were married. I came in on I-129F and this is the first I have ever heard of it. I had thought that the I-130 was strictly for couples who were married outside the US and wanted to enter based on married status. He showed me an I-485 form that looked completely different to the one I filled out (looked a lot older and crappier) that clearly said that I-130 was requisite for AOS. I told him that as far as I was aware this wasn't the case - at which point he basically said that was fine, but if I didn't send it in I would get another RFE. The original RFE mentioned nothing about needing this form. He also then wouldn't discuss the work permit at all

This has freaked me out a bit so I would appreciate somebody clearing this up for me. Am I missing something on this site so completely obvious, because I thought all I needed was I-129F approval and marriage certificate to adjust (and the I-485 I filled out seems to confirm this). Thanks in advance!

[bhlloy 0]

bhlloy,

If you married within the 90-day time period allowed after entry on a K1 then you do not need to submit an I-130 with the I-485.

Yodrak

Thanks so much!

[Peikko 1,575]

bhlloy,

If you married within the 90-day time period allowed after entry on a K1 then you do not need to submit an I-130 with the I-485.

Yodrak

Thanks so much!

Interesting. However, If the official says they will RFE you on this (or something similar) what can you do about it if the official is wrong? From reading other threads, it seems getting them to admit they are wrong and proceed with a case can be stunningly difficult. Most people appear to have had to go along with whatever the request is or get their case denied. Could you let us know how this is resolved? Thanks

[Peikko 1,575]

Oops, double post, apologies

Edited June 17, 2006 by Purple_Hibiscus