I130, I485

[Hilt 1]

Hello everyone,

I have a few questions for those in the "Know".

Background:

My wife entered the US on a K1 Visa two and a half months ago, we got married yesterday. I am putting all our documents in order to submit them for her adjustment of status. I have not applied for her SS# yet although I plan to do that ASAP.

1) What is the different between the I 130 and I 485 Forms?

2) Are they both part of the document package as the guide notes? (on the one hand it seems quite clear but then again the forms seems redundant in many ways.)

Thanks in advance

[Harpa Timsah 13,258]

I-130 is a petition to establish a family relationship between two people for immigration.

I-485 is to apply for a GC from with in the US.

A person who entered the US on a K-1 doesn't need a I-130, because their relationship has already been established by I-129F. A person adjusting from K-1 will file I-485 based on an approved I-129F and subsequent marriage to the petition within 90 days of arriving, box C on the I-485. No i-130 for you.

Have you found the appropriate VJ guide? If you found one that says include I-130, you've got the wrong one.

Edited November 13, 2013 by Harpa Timsah

[HK12 273]

As someone who entered the US on a K1 visa recently, you do not submit an I-130. You only submit form I-485 and the according documents as specified in the instructions by USCIS. You might also want to submit form I-765 (Employment Authorization) and form I-131 (Travel Authorization), which will be free if you send them along with the I-485 ($1,070). I also strongly advise you do some more reading on what exactly to submit.

Here: http://www.visajourney.com/content/k1k3aos

And here: http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Good luck!

[Hilt 1]

I-130 is a petition to establish a family relationship between two people for immigration.

I-485 is to apply for a GC from with in the US.

A person who entered the US on a K-1 doesn't need a I-130, because their relationship has already been established by I-129F. A person adjusting from K-1 will file I-485 based on an approved I-129F and subsequent marriage to the petition within 90 days of arriving, box C on the I-485. No i-130 for you.

Have you found the appropriate VJ guide? If you found one that says include I-130, you've got the wrong one.

Perfect, that gets me started. I think I have the right guide, still bouncing around quite a bit. Filled out the I485, just want to go to SS office, change her name and get a SS number to complete the 485 and open a joint bank account.

Thanks again for the help

[Hilt 1]

As someone who entered the US on a K1 visa recently, you do not submit an I-130. You only submit form I-485 and the according documents as specified in the instructions by USCIS. You might also want to submit form I-765 (Employment Authorization) and form I-131 (Travel Authorization), which will be free if you send them along with the I-485 ($1,070). I also strongly advise you do some more reading on what exactly to submit.

Here: http://www.visajourney.com/content/k1k3aos

And here: http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Good luck!

Thanks, those instruction may be very helpful.