Adjustment of Status

[doug+mymy 0]

hi vj's people ...need enlightenment ASAP...my I-94 will expire on march 5, im preparing now to apply fo adjustment of status before march 5...today my husband called the USCIS hotline and the USCIS representative told him about what should we submit for the Adjustment of Status....I read in this site the guides for Adjustment of Status that it only cost $1010 for the I-485 but the representative told my husband that we have also to submit I-130 and cost $355....Im confuse,do we still need to submit I-130?

Thank You for the replies...

[Anh map 2,098]

The information line is not the most accurate place to go. The calls are not answered by immigration officials.

Have you read through the AOS guide here on VJ? >>> http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

As well as the form instructions themselves?

When filed at the same time there is no need to include the fee for the I-131 Advance Parole. The I-130 does not to be filed.

[HeatDeath 430]

hi vj's people ...need enlightenment ASAP...my I-94 will expire on march 5, im preparing now to apply fo adjustment of status before march 5...today my husband called the USCIS hotline and the USCIS representative told him about what should we submit for the Adjustment of Status....I read in this site the guides for Adjustment of Status that it only cost $1010 for the I-485 but the representative told my husband that we have also to submit I-130 and cost $355....Im confuse,do we still need to submit I-130?

Thank You for the replies...

If you came in on a K-1 visa you don't have to do an I-130. An I-130 is a "Petition for Alien Relative." You guys will already have done an I-129F "Petition for Alien Fiance(e)" months ago, when you started this process, so you don't need anymore petitions.

You will need to do an I-485, a G-325A, an I-864 (also, if you have a joint sponsor, they'll need to do an I-864 as well), an I-765 (if you want an EAD, which is a good idea, and doesn't cost any extra), and an I-131 (if you want an Advance PArole document, which is a good idea, and doesn't cost any extra).

Edited February 26, 2010 by HeatDeath

[HeatDeath 430]

They probably told you to do an I-130 because apparently, the vast majority of people doing Adjustment of Status filings do so from nonimmigrant and non-fiance visas. K-1s and K-3s are apparently a teeny tiny minority of the AOS filings they see. If you had not already done a petition of some sort (and the vast majority of people they talk to doing AOSs have not), you would have to do an I-130.

[Third 0]

I called them too when i was about to send AOS and was told the same thing. I explained her that it was for my husband who came on K-1, she then said I-130 is not for k-1 people. Just send it for $ 1010 to Chicago office.

Third

[Audy_Rob 26]

Both are correct. If became married by entering on a K-1, then the I-130 is not necessary.

If you do AOS because of marriage to a USC after entering the USA legally and then marrying the USC, then you need the I-130

[Kathryn41 3,205]

duplicate threads moved from K-1 forum to AOS from a Family Visa forum, merged and duplicate posts removed.

Edited February 26, 2010 by Kathryn41