after marriage on k1 visa

[amitjanweja 0]

Hello All,

 

I have received a lot of help from this forum and it has helped me so far.

 

Need some more help here.

 

I have i 485 completed so far.

 

1. After getting married in US on K1, do we need to file I 130 form & I 485 Supplement A form?

 

2. Also, do I need to fill i 485 for the minor child also.

 

3. I am also confused about the fees. The child is not 13 years and 2 months. What fees do I need to pay, as its confusing in the instructions. It says child under 13 pays different fees and child over 14 pays different fees. What about between 13 and 14 years of age ???

 

 

[Ryan H 3,819]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.

[Pitaya 2,577]

2 hours ago, amitjanweja said:

Hello All,

 

I have received a lot of help from this forum and it has helped me so far.

 

Need some more help here.

 

I have i 485 completed so far.

 

1. After getting married in US on K1, do we need to file I 130 form & I 485 Supplement A form? See links below for correct forms to file.

 

2. Also, do I need to fill i 485 for the minor child also. See links below.

 

3. I am also confused about the fees. The child is not 13 years and 2 months. What fees do I need to pay, as its confusing in the instructions. It says child under 13 pays different fees and child over 14 pays different fees. What about between 13 and 14 years of age ??? Read the fee schedule below carefully...  Aren't you filing the K2 AOS with one parent?

 

 

Quote

If You Are…	Form Fee	Biometric Services Fee	Total
Under 14 and filing with the I-485 application of at least one parent	$750	$0	$750
Under 14 and not filing with the I-485 application of at least one parent	$1,140	$0	$1,140
Age 14 – 78	$1,140	$85	$1,225
Age 79 or older	$1,140	$0	$1,140
Filing Form I-485 based on having been admitted to the United States as a refugee	$0	$0	$0

REF: https://www.uscis.gov/i-485 , Filing fee

 

You need to review the USCIS I-185 link given above, there is a lot of useful information. In addition, you should also review:

https://www.visajourney.com/content/k1k3aos/ (check the required forms)

https://www.visajourney.com/content/k1aos/

https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/

https://www.uscis.gov/forms-filing-tips

 

For both K1 and K2, when you file AOS (I-485), you should also concurrently file for EAD (I-765) and AP (I-131), see Special Instructions in USCIS I-485 link above, for details and rationale.

 

Good luck on your immigration journey.

[amitjanweja 0]

12 hours ago, Pitaya said:

REF: https://www.uscis.gov/i-485 , Filing fee

 

You need to review the USCIS I-185 link given above, there is a lot of useful information. In addition, you should also review:

https://www.visajourney.com/content/k1k3aos/ (check the required forms)

https://www.visajourney.com/content/k1aos/

https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/

https://www.uscis.gov/forms-filing-tips

 

For both K1 and K2, when you file AOS (I-485), you should also concurrently file for EAD (I-765) and AP (I-131), see Special Instructions in USCIS I-485 link above, for details and rationale.

 

Good luck on your immigration journey.

 

Thanks for your response.

 

I am kind of still confused and apologies for the same.

 

Why some websites mention that I have to use I 130 also......Like below link

 

https://citizenpath.com/green-card-adjustment-of-status/

 

My fiance entered US with her child on August 14, 2019. We got married in August 28, 2019.

 

I do not want her to work here. 

 

So, please let me know if I am doing this right or wrong.

 

I have filled below forms and hoping nothing else is required.

 

I 864 (one form for both mother & child)

I 485 (separate for mother & child)

G 1450 (separate for mother & child to make payment by credit card)

I 131 (for mother only, child is not required to travel outside until Green Card comes)

G 1145 (separate for mother & child)

 

Please let me know if I am missing anything.

[Villanelle 4,122]

You should apply for the 765/131 Combo EAD/AP even if you dont plan on working or traveling! You will have an easier time getting a drivers license and SSN which can then help to open bank accounts and be added to health insurance etc. If you do NOT get an EAD then you usually have to wait until the GC is issued. Also dont assume the child will not travel. Emergencies can happen, and because the forms are free there is no reason not to apply for them as you never know!

 

The link you provided is a GENERAL link on how to file AOS. When someone files AOS they need an underlying basis for it. What that means is they have to have something showing you have a valid basis for filing for a GC. For spouses this can be the 130 OR it can be the NOA from the 129F. If you were NOT married in the 90 days allowed under the K visa you would need to file the 130 stuff because you no longer qualify to use the 129F as a basis since you did not satisfy the K visa requirements. This is not the case. You were married with in 90 days so your basis to adjust to a LPR is with the NOA 129f. 

 

Please use the guides on VJ to assemble your packet. https://www.visajourney.com/content/k1k3aos/   https://www.visajourney.com/content/k1aos/   https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/  and reconsider filing for the EAD/AP combo card(s)

[aaron2020 11,651]

The I-130 is necessary if someone adjusts status and did not enter on a K-1/K-2 or married after 90 days on a K-1.  It's applicable to lots of people; people adjusting status who have student visas, visitor visas, etc.  You are confused because you are only thinking of your situation in adjusting status and not considering other basis to adjust status.

 

Even though you do not intend for your spouse to work, you are making a mistake by not filing the I-765 for your spouse and stepchild.  It's free and helpful to obtain a social security number while waiting for the green cards.  

 

You are also making another mistake by not filing the I-131 for the child.  It's free.  Better to have it and not need it than to need it and not have it.  

 

All those with experience on VJ will tell you to file the I-765 and I-131 for both your spouse and stepchild.  They're free.  Lots to gain and nothing to lose.  

Edited October 21, 2019 by aaron2020

[ineedadisplayname 502]

21 minutes ago, amitjanweja said:

 

Thanks for your response.

 

I am kind of still confused and apologies for the same.

 

Why some websites mention that I have to use I 130 also......Like below link

 

https://citizenpath.com/green-card-adjustment-of-status/

 

My fiance entered US with her child on August 14, 2019. We got married in August 28, 2019.

 

I do not want her to work here. 

 

So, please let me know if I am doing this right or wrong.

 

I have filled below forms and hoping nothing else is required.

 

I 864 (one form for both mother & child)

I 485 (separate for mother & child)

G 1450 (separate for mother & child to make payment by credit card)

I 131 (for mother only, child is not required to travel outside until Green Card comes)

G 1145 (separate for mother & child)

 

Please let me know if I am missing anything.

Also consider EAD(I-765) if your wife wants to drive before getting the green card. Not sure about AOS time in your region but it might be more than a year. While she doesn't want to work she will be able to obtain a drivers license or a state ID while waiting for the interview. Also it is free with the AOS. 

Btw I think you will need a SSN for both of them when filing taxes next year. So maybe u need to file EAD unless you got the SSN before getting married. Not sure about the kid tho, i guess I read somewhere that somebody filed EAD for the kid to be able to get SSN.

Edited October 21, 2019 by ineedadisplayname

[amitjanweja 0]

thanks to all in replying.

 

i will do as you suggested. will apply EAD and travel for both. makes a lot of sense.

[Pitaya 2,577]

6 minutes ago, amitjanweja said:

 

Thanks for your response.

 

I am kind of still confused and apologies for the same.

 

Why some websites mention that I have to use I 130 also......Like below link

 

https://citizenpath.com/green-card-adjustment-of-status/

 

My fiance entered US with her child on August 14, 2019. We got married in August 28, 2019.

 

I do not want her to work here. 

 

So, please let me know if I am doing this right or wrong.

 

I have filled below forms and hoping nothing else is required.

 

I 864 (one form for both mother & child)

I 485 (separate for mother & child)

G 1450 (separate for mother & child to make payment by credit card)

I 131 (for mother only, child is not required to travel outside until Green Card comes)

G 1145 (separate for mother & child)

 

Please let me know if I am missing anything.

It is quite apparent that you have yet to read, review or heed the complete and thorough information contained in the links I previously provided for you. Many of your questions and the reasons for doing it in a particular way would become apparent if you would read the thorough information I previously provided to you. Keep in mind, this is a DIY site. I successfully used the VJ and USCIS links I provided to you for my wife (K1) and stepson (K2). I don't know Citizenpath? and will not review, since this is a VJ forum.  For example, if you marry your K1 fiancee within 90 days of their POE, the I-130 in unnecessary. Others have correctly mentioned the rationale for concurrent filing of AOS/EAD/AP for both K1 and K2. There are folks that have not followed the concurrent filing recommendation to regret it later. The choice is yours.

 

Good luck on your immigration journey.

[geowrian 22,338]

32 minutes ago, amitjanweja said:

Why some websites mention that I have to use I 130 also......Like below link

Different circumstances. AOS from K-1 with a marriage within the 90 days does not need an I-130.

 

33 minutes ago, amitjanweja said:

I do not want her to work here. 

Not your decision to make.

 

33 minutes ago, amitjanweja said:

I 864 (one form for both mother & child)

I 485 (separate for mother & child)

G 1450 (separate for mother & child to make payment by credit card)

I 131 (for mother only, child is not required to travel outside until Green Card comes)

G 1145 (separate for mother & child)

I-765 and I-131 for the child should be done as well. No fee and no reason not to request it.

[Ed&Midori1031 330]

16 hours ago, amitjanweja said:

Hello All,

 

I have received a lot of help from this forum and it has helped me so far.

 

Need some more help here.

 

I have i 485 completed so far.

 

1. After getting married in US on K1, do we need to file I 130 form & I 485 Supplement A form?

 

2. Also, do I need to fill i 485 for the minor child also.

 

3. I am also confused about the fees. The child is not 13 years and 2 months. What fees do I need to pay, as its confusing in the instructions. It says child under 13 pays different fees and child over 14 pays different fees. What about between 13 and 14 years of age ???

 

 

https://www.uscis.gov/i-485

 

Explains everything there.  the I-130 is not required for AOS.  You will also find it  beneficial to include the I-765 and the I-131 with the AOS pacakge. 

[Pitaya 2,577]

14 minutes ago, ineedadisplayname said:

Btw I think you will need a SSN for both of them when filing taxes next year. So maybe u need to file EAD unless you got the SSN before getting married. Not sure about the kid tho, i guess I read somewhere that somebody filed EAD for the kid to be able to get SSN.

Quite true, filing the EAD for my stepson enabled us to help him apply and received his SSN, much earlier than by way of the GC. Additionally, we used the EAD as a document enabling my stepson to get a WA state ID card. Check your particular state for specific documentation required.

[DaveAndAnastasia 2,096]

24 minutes ago, Pitaya said:

Quite true, filing the EAD for my stepson enabled us to help him apply and received his SSN, much earlier than by way of the GC. 

AFAIK, filing for an EAD (even for a minor who can't normally get a work permit at their age) is the only way a K-2 child can get an SSN before GC.

 

And you can read lots of threads here for why you want to have an SSN even if you're not working or collecting Social Security benefits.

[Pitaya 2,577]

7 minutes ago, DaveAndAnastasia said:

AFAIK, filing for an EAD (even for a minor who can't normally get a work permit at their age) is the only way a K-2 child can get an SSN before GC.

 

And you can read lots of threads here for why you want to have an SSN even if you're not working or collecting Social Security benefits.

True, and a dependent's SSN comes in pretty handy when filing the parents' tax returns.

[amitjanweja 0]

48 minutes ago, geowrian said:

Different circumstances. AOS from K-1 with a marriage within the 90 days does not need an I-130.

 

Not your decision to make.

 

I-765 and I-131 for the child should be done as well. No fee and no reason not to request it.

Thanks for the information.

 

Could you please also help me in understanding, that if I need to put 1 or 2 in the form I-864 Page 3 Part 3, when child is also involved.

Child's name has not been mentioned in part 2 of the Form I-864 and that is why I am getting confused.