Confused..with I-130 or without I-130

[cutie bear 2]

I am trying to consolidate my requirements for my adjustment of Status. I came here in the US via a K1 visa, right now I have completed my I-765 and I-485. Do I need to include I-130 in my adjustment of status packet? if it is a yes, can I mail it together with my I-765 & I-485?

[Messybrownhair 251]

No, you include the I-131 which is for AP. Since you just arrived on a k1, you don't file the I-130. You only file that if you failed to AOS within 2 years of arriving here on a k1.

[tonylovesam 8]

No, you include the I-131 which is for AP. Since you just arrived on a k1, you don't file the I-130. You only file that if you failed to AOS within 2 years of arriving here on a k1.

Is that mean, the K-1visa holder can stay in the US up to 2 years without filing AOS even though that "I" something stamp has expired?

[JimVaPhuong 4,863]

Is that mean, the K-1visa holder can stay in the US up to 2 years without filing AOS even though that "I" something stamp has expired?

The K1 visa holder will be out of status the day the I-94 expires. You should file the AOS as soon as you are able to.

What the other poster was saying was that a K1 visa holder who waited for more than two years after marriage before filing for AOS may not be able to adjust status based on the K1 petition anymore, and may require an I-130 petition in order to adjust status. Waiting two years to file is never recommended. You wouldn't be able to work or leave the US, and in many states you wouldn't be able to get a driver's license or ID card. However, technically, a K1 visa holder who married the petitioner remains eligible to adjust status pretty much forever.

[Otto 83]

I am trying to consolidate my requirements for my adjustment of Status. I came here in the US via a K1 visa, right now I have completed my I-765 and I-485. Do I need to include I-130 in my adjustment of status packet? if it is a yes, can I mail it together with my I-765 & I-485?

Your timeline doesn't indicate you have married yet - assuming you have/will (and before the I-94 expires), you won't need the I-130.

Follow the Adjustment of Status for K1 and K3 Visa Holders for best results.

[cutie bear 2]

Your timeline doesn't indicate you have married yet - assuming you have/will (and before the I-94 expires), you won't need the I-130.

Follow the Adjustment of Status for K1 and K3 Visa Holders for best results.

Hi Otto,

My wedding will be tomorrow and we'll wait for a couple of days to get a certified copy of our marriage certificate. Most likely I will be filing my AOS before end of the month.

Thanks everyone, I am not confused anymore at least all I have to do is make sure the rest of the requirements are complete.

[William33 110]

The K1 visa holder will be out of status the day the I-94 expires. You should file the AOS as soon as you are able to.

What the other poster was saying was that a K1 visa holder who waited for more than two years after marriage before filing for AOS may not be able to adjust status based on the K1 petition anymore, and may require an I-130 petition in order to adjust status. Waiting two years to file is never recommended. You wouldn't be able to work or leave the US, and in many states you wouldn't be able to get a driver's license or ID card. However, technically, a K1 visa holder who married the petitioner remains eligible to adjust status pretty much forever.

Jim,

Through extensive research, I have learned that in many cases; some K-1 late filings for AOS have been approved without the I-130 for the 10 year card. In these cases, strong evidence was supplied with the original AOS submission. I am not condoning late submission, only suggesting that it does happen regularly. I accumulated this evidence from 10 different immigration websites. VJ is number 1 though!

[VanessaTony 3,567]

Jim,

Through extensive research, I have learned that in many cases; some K-1 late filings for AOS have been approved without the I-130 for the 10 year card. In these cases, strong evidence was supplied with the original AOS submission. I am not condoning late submission, only suggesting that it does happen regularly. I accumulated this evidence from 10 different immigration websites. VJ is number 1 though!

Have you followed those cases? In all the cases I have seen if no I-130 was filed when to comes to ROC it makes a HUGE mess because they didn't do something they were supposed to and have to try and fix that.

[Kevzil 2]

I am trying to consolidate my requirements for my adjustment of Status. I came here in the US via a K1 visa, right now I have completed my I-765 and I-485. Do I need to include I-130 in my adjustment of status packet? if it is a yes, can I mail it together with my I-765 & I-485?

Hi! how is it going with your application?for sue u r still waiting fo ur marriage certificate,right?lol...Am kinda worried right now cuz I accidentally included form I-130 with our AOS packet ..kinda sucks!!! it was our former attorney's fault!Now am worried cuz I don't want to have two interviews!! thinking about it is stressing me out!!! Don't include 130 f u don't want to have same problem as mine!! now am trying to find answers from people here who have the same situation like I have!!! (Y_Y) but been searching but found no one!!!Good luck to you! and where in Philippines again?I am from Cebu!!

[William33 110]

Have you followed those cases? In all the cases I have seen if no I-130 was filed when to comes to ROC it makes a HUGE mess because they didn't do something they were supposed to and have to try and fix that.

I am highlighting cases where couples waited longer than two years to file the original AOS, not ROC. Not recommended in any measure, just stating what I have seen from evidence, in numerous cases including some friends.

[cutie bear 2]

Hi! how is it going with your application?for sue u r still waiting fo ur marriage certificate,right?lol...Am kinda worried right now cuz I accidentally included form I-130 with our AOS packet ..kinda sucks!!! it was our former attorney's fault!Now am worried cuz I don't want to have two interviews!! thinking about it is stressing me out!!! Don't include 130 f u don't want to have same problem as mine!! now am trying to find answers from people here who have the same situation like I have!!! (Y_Y) but been searching but found no one!!!Good luck to you! and where in Philippines again?I am from Cebu!!

I have filed my AOS yesterday via fedex overnight and I didnt include any I-130. I just submitted I-765, I-485 and I-693 together with all the supporting docs needed in verifying my application. We got the marriage license after a week of our wedding, I submitted 2 applications. One for me and one for mom in law that's why it took us a month before we filed our AOS. Hopefully there would be no problem in the process.