2nd RFE (this one "unofficial")

[Harmonia 211]

Adjustment from a K-1 does NOT require an I-130. So yes, it is different. No G-325A should be needed from the USC when filing an I-485. And AOS within the US does not require consular processing abroad. It is done through the USCIS in the US.

Good to know. I didn't know that about a K-1. My husband did the I-130, consular processing and a waiver, not AOS, but step 1 was the I-130 and it did ask for a G-325A for both of us. I went back and looked at our records. So I assume AOS with a CR1, which has the I-130, likely requires the G-325A for the USC.

[TabeaK 517]

For the K1 visa, at the I-129F stage (sort of the equivalent to the I-130 for CR1/IR1), both the USC and the beneficiary have to supply G325A as well. But K1 AOS once in the US only needs the G325A of the foreign spouse again. That is what USCIS instructions say anyways.

[KayDeeCee 4,893]

Wow I'm so nervous now! I also checked the box in form I864 saying I was the petitioner filing for my relative as the example form on VJ showed...I guess I'm not the petitioner?! So confused!

The I-485 is an application and not a petition. The foreign spouse filing the I-485 is an adjustment applicant, not a petitioner. The USC petitioner/sponsor is the one that fills out the I-864 to sponsor the adjustment applicant, so you are correct. If you look at RFEs people get for the I-864, the USCIS even uses the wording 'USC petitioner/sponsor'.

Good to know. I didn't know that about a K-1. My husband did the I-130, consular processing and a waiver, not AOS, but step 1 was the I-130 and it did ask for a G-325A for both of us. I went back and looked at our records. So I assume AOS with a CR1, which has the I-130, likely requires the G-325A for the USC.

CR-1 is a spousal visa, and someone that enters the US with a spousal visa does not need to file for AOS. If someone is already in the US via another type of visa, such as a student, work or tourist visa, then they can file an I-130 petition concurrently with an I-485 to apply for AOS. Someone that enters with a K-1 visa had already had an I-129F petition filed on their behalf in order to receive the K-1 visa, so they are eligible to file for AOS based on that petition and their marriage to the USC petitioner within 90 days of entry. That is why someone adjusting from a K-1 does not file an I-130, and why there are different AOS forums here on VJ because the processes of applying for AOS are a bit different depending on what visa you are adjusting from.

[francais_usa 74]

Thanks KayDeeCee!