I-129 versus I-130 opinion!

[Ryan and Asel 0]

i just looked through requirement for AOS which is a very similar procedure for K-1. i can't believe we gotta go through all this again, with all the docs and forms and etc, etc... BUT i'm trying to stay positive about it all... i guess the challenges do sharp us after all.

my thoughts that I can do nothing about now, are: should have gotten married here in my country and then filed for I-130 and AOS at the same time and be over with it :/ missing my lovie so much... prayers, positive comments and encouragements are appreciated!

my goal is not the AOS or citizenship, really. the goal is to be married, live wherever and be able to work... so what if we don't file for AOS after I get my K-1? would i be able to renew my EAD without an AOS? I guess not really... right? cuz AOS is all about making sure i don't lose my "legal status" and get a green card which should enable me to stay legal... what other benefits this whole green card thing gives me anyways, other than the fact that i am a legal resident there? can I just be married and be able to work without the green card for several years before my lovie and I move back overseas... I am not sure if i want to lose my Kyrgyz citizenship... maybe I will want to later... but for now, i just want to get married, be "legal" after I get married with my K-1, and be able to work and live happily ever after with my babes...

i am sorry if i seem like i am throwing a lot of emotions into this... But don't want to be frustrated.

[Harpa Timsah 13,258]

A K-1 is a non-immigrant visa. It confers little rights, status only for 90 days. You cannot work, you cannot drive, you cannot leave the country and come back. If you don't file AOS you will be an illegal alien subject to deportation at any time.

You already got the NOA2 for your K-1, so if I were you, I would stick with that path. You will be able to move to the US and be with your partner soon. Yes, you will have to file AOS, but I assume you knew that when you started the K-1 process.

VJ has an AOS guide to help you, and the good news is if you have some of the paperwork already done from the K-1 and some of that evidence can be reused.

Good luck.

[kmiami15 8]

it is up to you... I know with your K1 you get 90 days for the employment authorization document.... I have seen people who wait a few months before applying to AOS.... it is expensive, but I encourage you to do so as soon as possible... an I130 takes longer and a bit more challenging to prove sometimes... so I think you did the best thing with the K1.... I would recommend to complete the AOS, that's the last step after everything you have gone thru... you will not be able to travel outside of the US without a Green Card....

maybe other members can guide you more detailed into how much and/or if you can be just renewing your work permit for the rest of your life... I am just providing you basic information and recommendations....

Remember, if you move back overseas without an approved AOS, you will lose your legal status in the US and you would have to complete the whole process again.... making it more difficult to get a visa in the future....

I am not sure about your country's citizenship situation....

[Harpa Timsah 13,258]

it is up to you... I know with your K1 you get 90 days for the employment authorization document....

That is not true.

[Kitten24 5]

You'll have to AOS and get a green card if you want to stay in the US. Also remember you'll have to remove conditions on your GC. Just keep all the stuff you have from your K-1 and AOS for when you remove conditions and if you decide to apply for citizenship. I think your country does not allow dual citizenship, so that's something you'll have to take time to think about. I would advise you take one step at a time and don't get overwhelmed. VJ members are here to help. Use us!

Whether or not you should've applied for a K-1 or CR-1 is water under the bridge now. I wouldn't dwell on that; not worth it!

[Ryan and Asel 0]

Thank you Kitten 24, Harpa Timsah and Kmiami 15!! you guys are awesome! you are right, I can't dwell on this, but move on. all the advise y'all gave are helpful!!!

[Ryan H 3,812]

I know with your K1 you get 90 days for the employment authorization document

Incorrect, to obtain an EAD without having applied for AOS, it would have to be applied for and a fee would have to be paid. Furthermore, it would only be valid for the length of the I-94, so it may only be in-hand a short time before the I-94 expires or it may never be in hand before the I-94 expires.

[nobbie 105]

if you file for aos and get GC you dont lose your current citizenship, thats a different process. You will still be a citizen of your own country. It may become an issue if you apply for US citizenship.

[kmiami15 8]

That is not true.

I guess I misread the guidelines on the EAD and in regards to the K1...

Edited September 24, 2013 by kmiami15

[Harpa Timsah 13,258]

So you are telling me that when you arrive to the US with a K1 and apply for a work permit, not AOS, you get your work permit for 1 year? because according to USCIS last time I read, you will only get it for 90 days...

No, I am telling you what Ryan said. K-1 is not work authorized for the first 90 days.

If you chose to seek the useless EAD that is available before AOS, you will pay a fee and it will take 90 days to be approved and will expire when your I-94 does - or at about the same time it is approved. You might be work-authorized for a week or so, for a few hundred dollar payment.

A much better path is to apply for an EAD with the AOS, which is free and lasts a year and is renewable for free up until the time your GC is approved.

[kmiami15 8]

Right, I understand that filing the forms I485, I131 and I765 altogether there is no fee.... I misread the information, I apologize...

Edited September 24, 2013 by kmiami15

[Darnell 8,478]

i just looked through requirement for AOS which is a very similar procedure for K-1. i can't believe we gotta go through all this again, with all the docs and forms and etc, etc... BUT i'm trying to stay positive about it all... i guess the challenges do sharp us after all.

my thoughts that I can do nothing about now, are: should have gotten married here in my country and then filed for I-130 and AOS at the same time and be over with it :/ missing my lovie so much... prayers, positive comments and encouragements are appreciated!

my goal is not the AOS or citizenship, really. the goal is to be married, live wherever and be able to work... so what if we don't file for AOS after I get my K-1? would i be able to renew my EAD without an AOS? I guess not really... right? cuz AOS is all about making sure i don't lose my "legal status" and get a green card which should enable me to stay legal... what other benefits this whole green card thing gives me anyways, other than the fact that i am a legal resident there? can I just be married and be able to work without the green card for several years before my lovie and I move back overseas... I am not sure if i want to lose my Kyrgyz citizenship... maybe I will want to later... but for now, i just want to get married, be "legal" after I get married with my K-1, and be able to work and live happily ever after with my babes...

i am sorry if i seem like i am throwing a lot of emotions into this... But don't want to be frustrated.

That's ok. Please study the GUIDES section again,

as there are blatant mis-assumptions, above, in what you wrote.

Take some time, read, study, understand the process and flow for each thing.