Starting AOS - confused already!

[cmoore25 4]

Okay, so I have printed out the AOS guide from this site - but I'm a bit confused already - what is an I-130, and who submits it? The USCIS instructions keep mentioning it - is it part of the AOS process that I'm missing somehow?

My fiance will be entering on a K1 visa soon (I hope) and I'm trying to prep the paperwork for AOS...

Thank you!

[Inky 1,111]

Sounds like you may have printed the wrong one.

you dont use an I-130 to AOS from a K-1.

[JeannieL 44]

It's I-131 and all paperwork will be fill out in your wife's name as you will be married when you file for AOS. The only one that you will fill out is the I-864. I took my husbands last name when we married so I filled out all the forms in my married name.

[Chris921 13]

An i-130 is an immediate relative petition, from what i have seen mostly for spouses, you do not need to worry about the i-130, for the AOS,you need: G-325A, i-964. i-485. if you wish to apply for EAD (work Permit) you will also need to file i-765 or AP (ability to travel whilst under AOS) you will also need to fill out i-131, and if you want to recieve email/text notifications of case progressing you will also need to file a G-1145, for the i-485 will need to send in two us passport photos and 2 passport photos a piece for both the 765 and 131,

hope you find this helpful, for fuller information i used the VJ guide and i found it more then adequate

[krautlaus 7]

Okay, so I have printed out the AOS guide from this site - but I'm a bit confused already - what is an I-130, and who submits it? The USCIS instructions keep mentioning it - is it part of the AOS process that I'm missing somehow?

My fiance will be entering on a K1 visa soon (I hope) and I'm trying to prep the paperwork for AOS...

Thank you!

Oh wait... You mentioned your fiance will enter the US on a K-1 visa. Thus, once you are married, you will have to file for AOS here in the US. She/He isn't going back to their country after your marriage, correct?

Adjustment of Status following marriage on a K-1 visa does not require to file form I-130. This petition (which if so, you would have to file with USCIS at your service center just like the K-1 petition I-129f) is only for those who wish to bring their spouse or relative to the US (see http://www.uscis.gov/i-130). Your spouse-to-be is already in the US - you will only need to adjust his/her status with I-485/I-864/etc.

In your case, you will want to follow these guides

• http://www.uscis.gov/i-485
  
• http://www.visajourney.com/content/k1k3aos
  
• http://www.visajourney.com/content/k1aos
  

make sure information from VJ is not obsolete. Always read USCIS instructions carefully. Instruction forms come with each form on USCIS.gov!

Good luck

[cmoore25 4]

Great, thank you. I thought I had it all figured out using the VJ guides, but then the USCIS stuff kept mentioning the I-130 in the instructions...

I can't believe I've finally made it to this forum!! I'm so excited to be discussing AOS instead of the K1 paperwork...but I'm sure I'll have plenty of questions. I will spend the next few days reading old posts before I ask any more though!

krautlaus - thanks for your link to the USCIS I-485 link! I have downloaded the files and instructions of the forms the VJ AOS guide gave me - but I'm very happy to have the USCIS one too!

[VanessaTony 3,567]

Great, thank you. I thought I had it all figured out using the VJ guides, but then the USCIS stuff kept mentioning the I-130 in the instructions...

I can't believe I've finally made it to this forum!! I'm so excited to be discussing AOS instead of the K1 paperwork...but I'm sure I'll have plenty of questions. I will spend the next few days reading old posts before I ask any more though!

krautlaus - thanks for your link to the USCIS I-485 link! I have downloaded the files and instructions of the forms the VJ AOS guide gave me - but I'm very happy to have the USCIS one too!

There's an AOS thread in my signature that should help you immensely. Congrats and good luck!

[Nich-Nick 3,354]

Okay, so I have printed out the AOS guide from this site - but I'm a bit confused already - what is an I-130, and who submits it? The USCIS instructions keep mentioning it - is it part of the AOS process that I'm missing somehow?

My fiance will be entering on a K1 visa soon (I hope) and I'm trying to prep the paperwork for AOS...

Thank you!

Here's my summary list of what to send to help you see the big picture for a K1. There's no details, just a list.

They are his documents, but you can start filling them out. I had 99% of AOS done before my fiance got here. The VJ sample forms are good to go by. It's a brand new process so get the K1 out of your head. Just repeat anything you already think is in your K1 file because they aren't going to be pulling out your old documents to find things.

List: https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/edit?hl=en&authkey=CNXN_oQH

To answer your other question. There's way more people doing AOs from a status other than K1. Most are already in the US on another visa like student, work, and even VWP. You already did a petition with the I-129F. They haven't. So when they marry here in the US and want to get a greencard based on marriage to a USC, they do their spouse petition and AOS concurrently. Everything goes in at the same time. They don't need a visa to enter the country because they are already here. But they still need a petition (I-130) approved.

Edited October 11, 2011 by Nich-Nick