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visajourney9876 Newbie

visajourney9876   0

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I am filing the I485 Packet for my wife with I 130, and other documents.(I864, I30A, I 131, I693, Etc)  We have been married over 2 years so I am including the I130.

 

She entered the US on fiancé visa and we married within the 90 day window.

 

On the I 485; Page 3 Part 2 (Application Type or Filing Category) I am not sure which box to check on question 1.a. Family - based.

 

I am thinking I check Immediate Relative of a U.S. Citizen, Form I-130, since I am including Form I-130, but I am not sure.

 

Instead would I go with the Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K1/K2 Nonimmigrant)?

 

Another question.  I have looked through the sample I 485 on this website, and it says to leave Page 4 Part 2 Application Type or filing category question number 3 & 4 BLANK!

I already put the receipt number in this box (WAC number from I797 notice of action), and then under Question 4 I put none.  I can of course reprint this if it needs to be BLANK!

 

And One more;  Page 4 part 3.  Additional Information About You!  My reading on this website tells me to check the first question with a NO!

Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate Abroad?

 

I appreciate the help, this is all I need and I can send in the application packet.

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

you don't need to file the i130 because your wife came on a K1 fiancé visa, it doesn't matter that you haven't filed the adjustment of status immediately

 

there is no time limit to file the adjustment of status, only to have married within the 90 days

 

if you would have married and she left the country, without filing, they you would need to go the spousal petition way

 

but she is adjusting status because she entered the country on a fiancé visa, never left, so she doesn't need the i130 and she will be adjusting under k1 visa

 

 

 

 

TBoneTX Grand Master

TBoneTX   45,966

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the K-1 Process forum to the AOS/K Visas main forum -- OP is at that stage.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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