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AW1214

Do we need to file an i130 if the i94 on my K1 visa has expired and we got married within 90 days?

By AW1214 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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AW1214 Newbie

AW1214   0

Posted
Timeline
Posted (edited)

My spouse entered on a k1 visa, and the i94 has expired. We already got married within 90 days of this arrival, but are now submitting the i485 AOS after the i94 has expired. 

Do we need to file the i130 form for the i485 to be approved?

Also, is the i864 affidavit of support a requirement for filing i485, or can I just send in the i134 (affidavit of support) that was done when filing for k1 visa?

Edited by AW1214
TBoneTX Grand Master

TBoneTX   45,591

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

Nope.  The marriage <90 days controls things.

 

Welcome to the forum!

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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

K1visaHopeful Experienced

K1visaHopeful   2,850

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
1 hour ago, AW1214 said:


Do we need to file the i130 form for the i485 to be approved?

Nope. That would only be need if you didn't marry within the 90 day period. 

1 hour ago, AW1214 said:

Also, is the i864 affidavit of support a requirement for filing i485,

Absolutely. 

1 hour ago, AW1214 said:

or can I just send in the i134 (affidavit of support) that was done when filing for k1 visa?

No.

 

Please fill out your VJ timeline in reciprocity. Your stats help others. 

 
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