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munkeynutts

I-130 needed when filing I-485?

By munkeynutts in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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munkeynutts Contributor

munkeynutts   0

Posted
Filed: Country: United Kingdom
 Timeline
Posted

Hi all.

I arrived here on a K-1, and we are now married.

We are just about to file my I-485 (adjustment of status) and I-765 (Work auth). Our lawyer said we had to also file an I-130 (petition for alien relative), but we doubt his opinion! Some people say you don't, some say you do!

Do we need to file this also?

Thanks a lot.

Martin & Shawnie.

Event Date

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2009-05-27

I-129F NOA1 : 2009-05-29

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2009-09-10

I-797 Received: 2009-09-22

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received : 2009-10-05

Packet 3 Sent : 2009-10

Packet 4 Received : 2010-01-06

Interview Date : 2010-02-03

Interview Result : Disastrous.

Only realised on the day that a full birth certificate was needed. My passport was too damaged, in the opinion of the interviewing officer (although it wasn't really that damaged at all!). Was told I needed to supply an I-134, completed by my fiancee (even though the embassy guidance notes specifically advises that K-1 applicants do not have to do this). Was told that I needed to supply my fiancee's tax return paperwork for year ending 2008 (even though K-1 applicants are not advised of this at all prior to interview!)

Second Interview

(If Required):

Second Interview Result:

Visa Received : 2010-02-24

US Entry : 2010-02-25

Marriage : 2010-03-22

Comments : Married at Harris County Courthouse on Clay Road by Judge William Yeoman. Then a lovely lunch at Bistro Alex, off Sam Houston Tollway, Houston, TX! Yummy!

Processing

Estimates/Stats : Your I-129f was approved in 115 days from your NOA1 date.

Alcheringa Enthusiast

Alcheringa   39

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

Just the I-485. Maybe you should be charging your lawyer for advice? :bonk:

17-Jan-10 - Filed K-1

26-Apr-10 - Approved

06-May-10 - Entered POE

24-May-10 - Married

22-Jul-10 - Filed AOS

24-Sep-10 - Biometrics Appointment

18-Nov-10 - Approved

29-Nov-10 - Received Green Card

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Fire your lawyer tomorrow. They're an idiot. As long as you were married in the 90 days you were supposed to after entering on a K1, then you only NEED the I-485. You can also file the EAD (I-765) and AP (I-131) as the fee is wavied for those when filed with AOS.

Please read this thread: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/ unless your case is particularly complicated, you should not need a lawyer to process it.

** moved from "K-1 Fiance(e) Visa Process & Procedures" to Adjustment of Status (Green Card) from Family Based Visas as this is an AOS question**

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

munkeynutts Contributor

munkeynutts   0

Posted
Filed: Country: United Kingdom
 Timeline
  • Author
Posted

Thanks a lot folks. Thought as much. Our lawyer is kind of shooting in the dark, but we did get him free through my wife's company. But maybe that's the problem!

Event Date

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2009-05-27

I-129F NOA1 : 2009-05-29

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2009-09-10

I-797 Received: 2009-09-22

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received : 2009-10-05

Packet 3 Sent : 2009-10

Packet 4 Received : 2010-01-06

Interview Date : 2010-02-03

Interview Result : Disastrous.

Only realised on the day that a full birth certificate was needed. My passport was too damaged, in the opinion of the interviewing officer (although it wasn't really that damaged at all!). Was told I needed to supply an I-134, completed by my fiancee (even though the embassy guidance notes specifically advises that K-1 applicants do not have to do this). Was told that I needed to supply my fiancee's tax return paperwork for year ending 2008 (even though K-1 applicants are not advised of this at all prior to interview!)

Second Interview

(If Required):

Second Interview Result:

Visa Received : 2010-02-24

US Entry : 2010-02-25

Marriage : 2010-03-22

Comments : Married at Harris County Courthouse on Clay Road by Judge William Yeoman. Then a lovely lunch at Bistro Alex, off Sam Houston Tollway, Houston, TX! Yummy!

Processing

Estimates/Stats : Your I-129f was approved in 115 days from your NOA1 date.

Alcheringa Enthusiast

Alcheringa   39

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

Well, in his defense being a free company resource probably means he is not familiar with immigration procedures and mistook the K-3/CR-1 requirements for the K-1 after a cursory glance. Maybe critical reading skills wasn't his forté in Law School...

I'd still fire him, though. Fire him for us, fire him for the unruly VJ masses.

17-Jan-10 - Filed K-1

26-Apr-10 - Approved

06-May-10 - Entered POE

24-May-10 - Married

22-Jul-10 - Filed AOS

24-Sep-10 - Biometrics Appointment

18-Nov-10 - Approved

29-Nov-10 - Received Green Card

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

The lawyer is most likely not an immigration specialist, and being a free resource for you, I wouldn't be too harsh with him or her. There is really no need for an attorney for the AOS process of a K-1.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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