Is the I-130 a required form?

[Spiky 0]

After much false information about how the AOS works, I finally went to an immigration office to get the details, only to be handed more paperwork (I thought that was all over and done with!) So, for K-1 visa entrance, these were the papers handed to me:

I-765

I-485

I-131

I-864

G-325A

Medicalexam papers (but no real clear instructions with what it even is)

And lastly, an I-130

On checking with the VisaJourney site, all these papers were included (with some optional), except the I-130 which makes no real sense. It does say "petition for alien relative" so is it just needed to redo, since the status has been changed from "alien fiance" to "alien relative"?

Also, I noticed there was a "employment authorization" paper in there. I thought it was alright to start working once you have received your SSN, or is it not legal until the forms are filled out?

What exactly is needed with the medical forms? I just received a vaccination list and a list of civil surgeons in the area.

Finally, since there are a couple different fees involved in these papers, can they be combined into one amount, or must they be kept seperate?

I know I should have come on here instead of listening to different people (officials) telling me different things about how a green card is received, and now I'm laying down all my questions on it so it can get done and processed, hopefully quickly. Thank you for all your help!

EDIT: I realize I have alot more question concerning this than what my topic header is.... I wrote it out too quickly.

Edited July 21, 2010 by Spiky

[MRStee 19]

You are a K-1, so an I-130 doesn't apply to you. I looked at your timeline and you are at the NVC stage. If you click on Embassy Info at the top and choose your embassy, you will see what you will need as far as packet 3 and/or 4 and the interview..

Good luck

[arya 22]

You don't need to send I130 since you came on K1 visa. Only those other forms you listed there are required. I765 is the application for employment authorization. You cannot start working until you get this card. SSN does not help there. EAD card will take about 2 months to arrive after you send you AOS package. You will send all your forms you listed there together with one payment for 1010 dollars. Make sure you make your cheque or money order payable to United States Department of Homeland security. EAD and Advance parole documents are free when filed together with AOS. For the vaccination record, you need to find a Civil surgeon who will transcribe your vaccination sheet onto I693. You'll have to phone around and ask for the price. Don't pay more than 50 dollars for it. Some surgeons may tell you that you need a new medical, but you don't. Call someone else on your list. Once you have that transcribed, send it together with your AOS. Hope that helps

[belinda63 3,038]

The I-130 is not needed, the total fees are $1010. The fee for the Advanced Parole and Employment Authorization are waived if you file them with the AOS. You are not authorized as a K-1 to work until you receive your EAD or your green card.

The medical I am not exact on but someone else will be along. We just had to have a Civil Surgeon transcribe his immunizations and sign and seal it. You should not need an entire new medical exam unless it has been more than one year since the K-1 medical.

If you send the I-130 "just in case" you will confuse the poor people who open the envelopes and have no idea what the requirements for immigration are and likely you will get an RFE for the fee for the I-130. You do not need it provided you married within the 90 days of arrival.

[JimVaPhuong 4,863]

Here's the deal. In order to adjust status the law requires:

1. The alien makes an application to adjust status.

2. The alien is eligible for an immigrant visa and admissible to the US.

3. An immigrant visa is immediately available for them.

Number 1 is satisfied as soon as they send an I-485. Number 3 is always true for an immediate relative (spouse, child, or parent) of a US citizen. Number 2 is true IF an immigrant visa petition has been approved, or their eligibility has been established by obtaining a visa that allows for immigrant intent, and they have complied with the terms of that visa.

Someone who entered on a tourist or student visa (for example), and subsequently married a US citizen, would need an immigrant visa petition filed on their behalf in order to be eligible. Someone who entered on a K1 visa, and subsequently married the petitioner within the required 90 day window, would not need an immigrant visa petition. Someone who entered on a K1 visa, and subsequently married the petitioner after the 90 day window, would no longer be eligible to adjust status based on the K1 visa, and would need an immigrant visa petition. Someone who entered on a K1 visa, and subsequently married someone other than the petitioner, would not be eligible even if they did submit an immigrant visa petition.

Doesn't that make sense?

[Darnell 8,478]

If the K-1 visa holder got married within 90 days of the POE date, then it makes no sense to file the I-130 with the rest of 'it'.

In rare cases, an I-130 is required, in conjunction with the I-485, because of 'timing issues' (ie - more than 1 or 2 years past marriage date, to file for AOS) as well as what Jim said, "Someone who entered on a K1 visa, and subsequently married the petitioner after the 90 day window, would no longer be eligible to adjust status based on the K1 visa, and would need an immigrant visa petition".

IMO, you got gob-smacked by a gob-sh|te. Sorry. That USCIS employee was ignorant.

Spiky - please update yer timeline at http://www.visajourney.com/timeline/profile.php?id=70531 so that we can give you a MORE ACCURATE answer, ah ? TIA !

Edited July 22, 2010 by Darnell