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Don_and_Kate

AOS and I-130 at the same time?

By Don_and_Kate in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Don_and_Kate Newbie

Don_and_Kate   0

Posted
Filed: K-1 Visa Country: Russia
 Timeline
Posted

My wife (with her daughter) came here on the 7th of feb on k-1 and k-2 visas. We just got married yesterday and now we are trying to figure out all these paperwork what is awaiting for us. We called USCIS early at the morning and they told us to file both AOS and I-130 packages at the same time. Is it correct? We've been on this site from the very beginning of us getting approved. Thank you for all the information! But right now we are totally lost because you guys here write that we need to file for AOS right away and no any words about I-130 pack of documents.

Should we do it? Should we do it right now? Will it speed up any how the process of AOS? Has anyone filled I-130 at any time after getting married using k-1 visa? Do we even need to file I-130 or we were misinformed?

Please, help us. Any advice will be highly appreciated. Thank you.

Don and Kate

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

A K-1 does NOT file a I-130. Look at the I-485. You are choice C, filing AOS based on an approved I-129F petition and subsequent marriage to the petitioner in the US within 90 days of entry.

You only need to file the I-485 package (with other forms, but never I-130). Follow this guide: http://www.visajourney.com/content/k1k3aos

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Neonred Experienced

Neonred   3,657

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted (edited)

Misinformed by the USCIS help line.

Anyone surprised?

Edited by Neonred

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