filing for AOS, what is I-130?

[mogiftney 144]

Hello, I married my wife within 90 days of her entry to the US on her K1 visa, we are now trying to file for AOS but we're a little confused! On the USCIS website, it has a checklist of required evidence for AOS and this is listed as one of them:

 

"Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf)"

 

What is the I-130? Isn't that for spouses overseas? Why is it listed here as a requirement for form I-485? Do we have to submit this, because the guide on VJ doesn't list this as a required document when filing for AOS as a K1 visa holder. Sorry, I'm just super confused. Any advice we could get with this thing would be great. Thanks

[Cyberfx1024 7,980]

1 hour ago, mogiftney said:

Hello, I married my wife within 90 days of her entry to the US on her K1 visa, we are now trying to file for AOS but we're a little confused! On the USCIS website, it has a checklist of required evidence for AOS and this is listed as one of them:

 

"Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf)"

 

What is the I-130? Isn't that for spouses overseas? Why is it listed here as a requirement for form I-485? Do we have to submit this, because the guide on VJ doesn't list this as a required document when filing for AOS as a K1 visa holder. Sorry, I'm just super confused. Any advice we could get with this thing would be great. Thanks

Where are you looking at that? That is only required if the spouse was here on a tourist visa or VWP. Follow the guide here and you will be fine

 

[mogiftney 144]

11 minutes ago, Cyberfx1024 said:

Where are you looking at that? That is only required if the spouse was here on a tourist visa or VWP. Follow the guide here and you will be fine

 

Awesome, thank you so much! It was just on this link: https://www.uscis.gov/i-485Checklist

[K1visaHopeful 2,878]

6 hours ago, mogiftney said:

Awesome, thank you so much! It was just on this link: https://www.uscis.gov/i-485Checklist

She IS the PRINCIPAL APPLICANT not the spouse or unmarried child of the principal applicant. That would be for a K2 child.

 

If you are the spouse or unmarried child under 21 years of age of a family-based principal applicant, did you provide the following?

• Everything listed above for immediate relatives
• Proof you have continuously maintained a lawful status since arriving in the U.S
• A copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree
  • If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence.
• A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I 130 (unless you are filing your Form I-485 together with the principal applicant’s Form I 485)
• A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I 485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485)

Edited March 11, 2020 by K1visaHopeful