Simple Confirmation

[mmiller2001 6]

I-130, Information about relative, this is my spouses information, correct?

K-1, Married filing AOS.

Wait, do I need to file I-130? We have no children together.

Edited December 2, 2013 by mmiller2001

[mmiller2001 6]

I-130, Information about relative, this is my spouses information, correct?

K-1, Married filing AOS.

Wait, do I need to file I-130? We have no children together.

I think I found that I don't need to file I-130, does that sound correct?

[Hypnos 6,576]

A K-1 should only file an I-130 with their I-485 if: (i) they did not marry their petitioner within 90 days of PoE but did marry them at some point afterwards, or (ii) the K-1 and petitioner have been married for at least two years but haven't yet submitted the AoS.

In normal K-1 circumstances (married within 90 days of PoE) then an I-130 isn't required for a K-1.

Edited December 2, 2013 by Hypnos

[Harpa Timsah 13,258]

No I-130 for you. Have you found the AOS from K-1 VJ Guide?

[mmiller2001 6]

Yes, it wasn't exactly clear, to me, when I read it. Thank you both!!

[mmiller2001 6]

On form G-325a, does she now use her married name as her family name?

And is her file number her A# from NOA2?

Edited December 2, 2013 by mmiller2001

[Hypnos 6,576]

She would use whatever name she now considers to be her name and the name which she wishes to appear on her green card; some women take their husband's name, others prefer to keep their maiden name.

And yes, the file number is her alien number. You should enter the A# from the I-129F approval into that block.

[mmiller2001 6]

Excellent, thank you!