K1 visa holder to file I-130 2 years after marriage??

[missvrapter 9]

So I've been scouring the forums for a couple hours reading up on some stuff, and I came across a post... someone said that after I marry my fiance (USC) on a K-1 visa, and after I've filed my AOS, after 2 years of marriage we have to file the I-130 in order to get my 10 year green card? Is this correct? I spent weeks researching and getting everything together for this whole process and not once did I come across anything on any of the official sites stating we had to file the I-130. I thought we filed the AOS, then when the time comes I apply to have my conditions removed then I can apply for citizenship. This site is extremely helpful but sometimes also very confusing at the same time.

Edited October 10, 2013 by alexndillon2125

[Harpa Timsah 13,258]

You misunderstood.

If you never file AOS (or file two years or more after marriage on a K-1), then it is recommended that you file for AOS with a I-130 so you can skip to the 10-year GC. That is because there is a rule that AOS from a K-1 must always result in a 2-year card, even if you have been married over two years when you file.

If you do the normal procedure and file AOS soon after your marriage, then you will never file a I-130. You will get a 2-years GC like normal, and file ROC like normal, no I-130 at that point.

It's better to file for AOS straight away so the immigrant can live a normal life in the US, work, drive, etc. But sometimes people just put it off for whatever reason.

Edited October 10, 2013 by Harpa Timsah

[missvrapter 9]

Pheeew thankyou! You just saved me alot of stress!!!

[Harpa Timsah 13,258]

Pheeew thankyou! You just saved me alot of stress!!!

Haha, don't panic!