I-130 after I-129f??

[becky8159 24]

 My attorney said I need to file an I-130 after we get married along with the I-485 to adjust status... is this true? Seems like a double fee for no reason.  

[milimelo 4,541]

Not true. 

[Crazy Cat 42,086]

No need for the I-130 if adjusting after entry via a K-1....fire that attorney....

Edited January 18, 2019 by missileman

[Shiran 1,134]

5 minutes ago, becky8159 said:

 My attorney said I need to file an I-130 after we get married along with the I-485 to adjust status... is this true? Seems like a double fee for no reason.  

After getting married in US to K-1 visa applicant you file Form I-485 together with  Forms I-765 and I-131. Fee is $1,140 + $85 (Bio) = $1,225.00 as of today. You do not file I-130.

[jakejon 1,197]

No you don't need an I-130 or need to even consider it after completing a K1. After POE and marriage, you would file an I-485  (Adjustment of Status), I-765 (Employment Authorization) and I-131 (Advanced Parole). I'd question your attorney for sure!! Check the USCIS website for reference. So your lawyer is either out of sync or a money grabber (which most are LOL)  

Edited January 18, 2019 by jakejon

[Crazy Cat 42,086]

Maybe the attorney meant an I-131.

[jakejon 1,197]

1 minute ago, missileman said:

Maybe the attorney meant an I-131.

Hmmm, maybe but sure an I-131 and I-765 are free if filed jointly with a I-485...

[becky8159 24]

2 minutes ago, missileman said:

Maybe the attorney meant an I-131.

Nope... on the paper is specifically said I-130 and I questioned him about it he got defensive and said everyone has to file it because it's a family based visa

[jakejon 1,197]

1 minute ago, becky8159 said:

Nope... on the paper is specifically said I-130 and I questioned him about it he got defensive and said everyone has to file it because it's a family based visa

Sounds like a money grabber! I'd seriously ditch him. You are doing an I-129f and therefore no need for an I-130. 

[jakejon 1,197]

So in other words, if you were already married you'd need a I-130 for the CR-1 route. Your not married and therefore dont require it. 

[Crazy Cat 42,086]

3 minutes ago, becky8159 said:

Nope... on the paper is specifically said I-130 and I questioned him about it he got defensive and said everyone has to file it because it's a family based visa

He obviously is not competent........You might want to educate him....tell him that a K-1 is a non-immigrant visa.....and adjustment of status is not a visa at all.

[aaron2020 11,651]

Did you get married within the 90 days after your K-1 entry into the US?

 

The ONLY reason you would need the I-130 is if you married after the 90 days.

NOT EVERY K-1 HAS TO FILE AN I-130.  ONLY THOSE WHO MARRY AFTER THE 90 DAYS WOULD NEED THE I-130.

[Crazy Cat 42,086]

1 minute ago, aaron2020 said:

Did you get married within the 90 days after your K-1 entry into the US?

 

The ONLY reason you would need the I-130 is if you married after the 90 days.

NOT EVERY K-1 HAS TO FILE AN I-130.  ONLY THOSE WHO MARRY AFTER THE 90 DAYS WOULD NEED THE I-130.

Great point......I didn't think of that......their NAO2 was 2 days ago....

Edited January 18, 2019 by missileman

[becky8159 24]

We are still in the process of K1, but I wanted to be ahead of the game financially when it comes to the AOS part. I sent his assistant an e-mail stating the following:

 

(Attorney) informed me that after (Beneficiary) arrives in the U.S. we will HAVE to file a I-130, but according to the USCIS website this is NOT the case. Please advise why I was told incorrect information. Thank you. 

 

I also included the following attachment. Visas for Fiancé(e)s of U.S. Citizens _ USCIS.pdf

[Crazy Cat 42,086]

13 minutes ago, becky8159 said:

Nope... on the paper is specifically said I-130 and I questioned him about it he got defensive and said everyone has to file it because it's a family based visa

Is this a local attorney in the DFW area?