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Filed: K-1 Visa Country: India
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Posted

Hey VJers! I am currently going through the AOS process with my husband from the K1 visa, but I'm trying to help out a friend who needs to adjust status after getting married to a US Citizen. And I'm a bit lost on the process! He entered US lawfully years ago (I think on Student Visa) and is currently on a Work Visa (not sure which type - can find out if its important). Can you guys direct me to the right guide on VJ to use? I'm looking at the 'Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US' one but I want to make sure it's right.

 

If I'm understanding correctly:

-His wife, the USC, will have to submit the I-130, Petition for Alien Relative along with supporting docs/evidence

-He, the non-USC, will have to file the I-485, Application to Register Permanent Residence or Adjust Status + EAD and AP forms, and affidavit of support along with the supporting docs/evidence

-He can file all of this together in one submission to USCIS, but has to pay fees for both the I-130 and I-485 - is this correct?

 

I guess where I'm most confused about is the first part - is it correct that the USC spouse has to file the I-130 form even though the Non-USC spouse is already in the US and on lawful status (work visa)?

And if so, do the fees have to be paid for both forms? I-130: $535, I-485: $1,225, Total: $1,760

 

Any help or useful tips you can provide will be greatly appreciated! I promised I did review the guides and have tried to search, but I want to make sure I am on the right track - and I also will tell him to join VJ asap if he hasn't already so he can use the resources. 

The Dalai Lama, when asked what surprised him most about humanity, answered "Man.... Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived."

- The Dalai Lama

Posted

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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

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