I-130 required for KI Adjustment?

[payxibka 10,045]

If it's 2 years or more after your POE date, then yes, your USCitizen Spouse needs to add in the I-130, pay the extra fee, as the 'guides for filing a regular AOS from K-1 visa' were not followed by the two of you.

If it's less than 2 years since POE date, no, no I-130 required .

Are you studying the guides section here? You really should, you know - many man hours went into creating them, for your reading enjoyment.

News to me... Where is this rule about an I-130 needed if after two years? I was only aware of the I-130 requirement if the K-1 married OUTSIDE the 90 day window

[Nik+Heather 121]

News to me... Where is this rule about an I-130 needed if after two years? I was only aware of the I-130 requirement if the K-1 married OUTSIDE the 90 day window

Jim's better at explaining it, but I guess some people have been RFE'd for an I-130 if they apply for AOS too late - It's a catch-22 in the law: K-1's AOS to a conditional green card. Conditional green cards can only be given out to people who have been married less than 2 years, so what do K-1's who have been married for more than 2 years get? Since it's not clearly defined in the law, it's not very consistent what happens.

[graciey 0]

thts confusing its more than 2 years since ive been married and were about to send our aos package just waiting for my medical done and test result then my papers ready to send we dnt include I 130 TO MY PACKAGE..ive been ask about this b4 somebody told me tht I130 dont need to the k1 aos even ur married more than 2 years b4 apply ur aos i130 only need for some other visas or a k1 tht dont married after the 90 days if tht happen u need i130 on ur aos package im not sure about it just somebody told me so know im confuse if whts really truth about it..

[marriedtomrg 141]

Since it's been more than 2 years since you entered the US, you have to submit an I-130 (and the corresponding fee and supporting documents) with your I-485. I learned that through this post.

thts confusing its more than 2 years since ive been married and were about to send our aos package just waiting for my medical done and test result then my papers ready to send we dnt include I 130 TO MY PACKAGE..ive been ask about this b4 somebody told me tht I130 dont need to the k1 aos even ur married more than 2 years b4 apply ur aos i130 only need for some other visas or a k1 tht dont married after the 90 days if tht happen u need i130 on ur aos package im not sure about it just somebody told me so know im confuse if whts really truth about it..

[JimVaPhuong 4,863]

News to me... Where is this rule about an I-130 needed if after two years? I was only aware of the I-130 requirement if the K-1 married OUTSIDE the 90 day window

INA section 245(d) says an alien who adjusts status based on a K1 visa must adjust to conditional permanent resident. Section 216 seems to imply that this only applies to a marriage of less than two years. Some IO's have interpreted this as meaning that an alien can only adjust status based on the K1 visa if the marriage is less than two years old. If the marriage is two or more years old, they require the alien to adjust under 245(a), which requires an immigrant visa number to be immediately available - hence, the requirement for an I-130.

[Kathryn41 3,205]

A post and answering post regarding information that arose in this discussion but is different than this discussion have been split off and made into their own thread here: http://www.visajourney.com/forums/topic/280035-medical-supplement/