Form I-130 for AOS of K1 spouse

[lmusicof 0]

Good Morning Ladies and Gentlemen,

 

At the end of 2016 my wife and I submitted her AOS package (I-485, I-765, and I-131). Last month she had her biometrics appointment. Earlier today I was looking at something and saw a Form I-130 with a $535 filing fee. 

 

I thought I was thorough in my research for all the forms and fees and somehow I never saw this form listed. My questions are as follows:

• Is the I-130 truly required for K1 Visa holders Adjustment of Status?
• If this form is required, will it stop her other forms from being processed?
• Is it too late to submit this form?

 

I think I am more upset than my wife, because she is anxious to start working, because she does not like sitting around the house all day. I'm sure she is upset, because we will have to get creative to come up with the extra $535.

 

Please advise and thank you!

 

Leigh

[Cryssiekins 976]

I130 is for a spousal visa, if you were married outside of the US.  Or if your wife came on another visa (or a K1) and then left the US after the marriage.  

 

If she came on a K1, you married in 90 days and she has not left the US since her K1 arrival, the i130 is not required.  ?

[geowrian 22,337]

I-130 is only needed for AOS from a K-1 if you married after 90 days. Even if you file for AOS after 90 days, as long as you married the petitioner within the 90 days, then the I-130 isn't needed.

[Cryssiekins 976]

1 hour ago, geowrian said:

I-130 is only needed for AOS from a K-1 if you married after 90 days. Even if you file for AOS after 90 days, as long as you married the petitioner within the 90 days, then the I-130 isn't needed.

Thanks, I forgot that point ?

[lmusicof 0]

We were married well within the ninety days and she has not left the U.S.. I had mainly looked at the I485 instructions and filled out those forms. 

 

Thank you for the information everyone. Is there a link to a USCIS document that states this? If so, I want to print it out and keep it with our copies of the package.