Do we need to do a I-130?

[Afsjesse 1]

Hi everyone.

 

My wife and I just got married in the US a couple weeks ago. We're now filling out the I-485 and are wondering if she will need to do a I-130? She arrived on a K-1 visa from the Philippines. It seems that the I-130 is for only bringing foreign relatives over, however, since I'm a US citizen, do I need to register her as a 'relative' of sorts?

 

Thanks for the help. 

 

Jesse. 

[Afsjesse 1]

Thank you for the reply!

 

Before reading your post I did some digging on the USCIS site and it says the following regarding putting together a green card application.

 

Note: Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf. However, a K-2 stepchild may have a Form I-130, Immediate Relative Petition, filed on his/her behalf if eligible and necessary to prevent age-out concerns.  Read “Other Considerations” below for further information.

 

So..... I guess we don't need it since she's based on a K-1 visa. Any further thoughts? 

 

Thanks.

[Afsjesse 1]

Here's the link. 

 

https://www.uscis.gov/greencard/fiancees

[Cyberfx1024 7,980]

Just now, Afsjesse said:

Thank you for the reply!

 

Before reading your post I did some digging on the USCIS site and it says the following regarding putting together a green card application.

 

Note: Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf. However, a K-2 stepchild may have a Form I-130, Immediate Relative Petition, filed on his/her behalf if eligible and necessary to prevent age-out concerns.  Read “Other Considerations” below for further information.

 

So..... I guess we don't need it since she's based on a K-1 visa. Any further thoughts? 

 

Thanks.

Please ignore the other person. You just need to file the following forms to USCIS:

1. I-864 
2. I-485 
3. I-765 (optional) 
4. I-131 (optional) 
5. G-1145 (optional).

 

Please use the following link to help you. Also please fill out your timeline so that people can help you better in the future. 

 

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

[Cyberfx1024 7,980]

3 minutes ago, Afsjesse said:

Here's the link. 

 

https://www.uscis.gov/greencard/fiancees

Please use the link I sent you for the guides to help you. Also make sure to file for EAD and AP so that she can work sooner. 

[Cyberfx1024 7,980]

Hey I read your earlier posts from this year to school myself on your situation. How is KSA now with everything going on there with th CP? I was a DOD contractor before for 3 years before I finally moved back to become a GS employee. I met my now wife in Qatar when she was working as a OFW just like yours, then I moved over to Afghan for the last 2 years. 

 

Do you think you could try to come back as a GS employee or are you going to try to stay as a Contractor?  You really shouldn't have an issue with the AOS just make sure you co-mingle your finances. You should be back by the time the interview is scheduled if she has one.

Edited November 19, 2017 by cyberfx1024

[Afsjesse 1]

What's an AP? 

[Cyberfx1024 7,980]

1 minute ago, Afsjesse said:

What's an AP? 

Advance Parole, basically a document that allows her to leave the country before she gets the green card. As of right now people are getting those about 4 months after they file for AOS.

Edited November 19, 2017 by cyberfx1024

[Afsjesse 1]

Thank you for all the help. I just finished working on the I-485 and will be gathering the additional information I need for that. 

 

My now wife, from the Philippines, got the K-1 visa in Manila three months back. We had a child before then and got citizenship for him there at the same time. We got married in the US at the end of October and I'm now back in Saudi Arabia working for a contractor. I'm hoping to relocate home as soon as I can find adequate employment in my field. My wife is at home with my family adjusting to life there. All is well. 

 

Thanks for inquiring. 

 

Jesse

[Afsjesse 1]

Thanks again to everyone who has helped me out. I now have a few questions regarding I485 itself, if you could spare some time. 

 

1) Part 2, line 2 states "Are you applying for adjustment based on the Immigration and Nationality Act secion 245(i)?".  I'm not sure if I should put Yes or No. My fiance came here on a K1 Visa. 

 

2) Part 2, lines 3+ ask for information about an 'Underlying Petition' and asks for her receipt number, etc.... do I just put the information from the K1 petition we did? It talks about the principal applicant and derivative applicant, which just confuses me. I assume that since she's the only person on the K1 visa petition, I just put her name down. 

 

3) Assuming I have to fill out Part 2, line 4 asks for a priority date from an underlying petition (if any). Now, I have the receipt number from the I797 but there's no priority date listed on any papers received from USCIS. Do I just leave line 4 blanks and put in the receipt number on line 3? 

 

Thanks again for everything.

 

Jesse

[geowrian 22,337]

Just now, Afsjesse said:

1) Part 2, line 2 states "Are you applying for adjustment based on the Immigration and Nationality Act secion 245(i)?".  I'm not sure if I should put Yes or No. My fiance came here on a K1 Visa. 

 

2) Part 2, lines 3+ ask for information about an 'Underlying Petition' and asks for her receipt number, etc.... do I just put the information from the K1 petition we did? It talks about the principal applicant and derivative applicant, which just confuses me. I assume that since she's the only person on the K1 visa petition, I just put her name down. 

 

3) Assuming I have to fill out Part 2, line 4 asks for a priority date from an underlying petition (if any). Now, I have the receipt number from the I797 but there's no priority date listed on any papers received from USCIS. Do I just leave line 4 blanks and put in the receipt number on line 3?

1. No
2. Yes. Your wife  would be the principal applicant.
3. A PD isn't really used for an I-129F, but I put down the Notice Date from the I-129F's NOA1.

[Afsjesse 1]

Is it a problem if I just leave the priority date questions empty, especially since it says (if any)?

 

[Afsjesse 1]

On a different note, on form I-765, line 18 and 19 ask for my wife's last and current immigration status. We're filing this application together with the I-485. Do I just put K-1 visa for both of those lines? 

Edited November 19, 2017 by Afsjesse

[geowrian 22,337]

8 hours ago, Afsjesse said:

Is it a problem if I just leave the priority date questions empty, especially since it says (if any)?

It should be fine. I tried to avoid leaving blank areas where possible, so I used the Notice Date for the NOA1. It shouldn't matter either way as it's not relevant.

 

7 hours ago, Afsjesse said:

On a different note, on form I-765, line 18 and 19 ask for my wife's last and current immigration status. We're filing this application together with the I-485. Do I just put K-1 visa for both of those lines? 

Status at last entry would be K-1. Current status would be K-1 (or K-1 Visa Holder is fine).