When is I-130 required?

[csmith2772 0]

My wife entered on a K1 and we married in the 90 days. We are now filing an for AOS and elected to use a visa service. This service is insisting that we must file an I 130 either before the AOS or with the AOS.

Has anyone else done this?

Bob

[Jenn! 918]

I think the I-130 is only needed if the marriage did not take place within 90 days of entry into the US.

[john_and_marlene 162]

My wife entered on a K1 and we married in the 90 days. We are now filing an for AOS and elected to use a visa service. This service is insisting that we must file an I 130 either before the AOS or with the AOS.

Has anyone else done this?

Bob

Get our money back.

[csmith2772 0]

Surprise, Got my answer off the USCIS website.

Fiance(e)

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.