K1 to AOS Queries
Sep 6th 2018, 4:40 pm
#1
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Joined: Aug 2018
Posts: 2
K1 to AOS Queries
Hi Everyone,
Looking to have a couple of questions answered regarding marrying on a K1 visa and then applying for AOS. For a little bit of background both myself and my fiancee are in our early 20s and she is the US Citizen, a friend of ours has agreed to be a joint sponsor and we have checked that he passes the requirements.
1. Does the I-129F need a joint sponsor, and as such a I-134 filed alongside it? I seem to find conflicting answers about this online.
2. Once the marriage has gone through within the 90 days on the K1 visa, and I-130 has been concurrently filed alongside I-485 and I-134, am I allowed to remain in the country while the AOS is pending? More conflicting answers about this one elsewhere and I don't want to ruin my chances by outstaying a visa.
As far as I understand it, this is the process for AOS and then all is smooth until applying for citizenship, but if I've missed something please do let me know.
Thanks in advance,
Josh
Looking to have a couple of questions answered regarding marrying on a K1 visa and then applying for AOS. For a little bit of background both myself and my fiancee are in our early 20s and she is the US Citizen, a friend of ours has agreed to be a joint sponsor and we have checked that he passes the requirements.
1. Does the I-129F need a joint sponsor, and as such a I-134 filed alongside it? I seem to find conflicting answers about this online.
2. Once the marriage has gone through within the 90 days on the K1 visa, and I-130 has been concurrently filed alongside I-485 and I-134, am I allowed to remain in the country while the AOS is pending? More conflicting answers about this one elsewhere and I don't want to ruin my chances by outstaying a visa.
As far as I understand it, this is the process for AOS and then all is smooth until applying for citizenship, but if I've missed something please do let me know.
Thanks in advance,
Josh
Sep 6th 2018, 4:47 pm
#2
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: K1 to AOS Queries
Hi and Welcome to BE.
1. For a K-1 visa, there's no such thing as joint sponsor. There can only be one financial sponsor, so if your fiancee doesn't meet the requirement, someone else can submit an I-134. That said, the I-134 is not submitted with the I-129F. It's taken to the visa interview.
2. You have 2 paths confused. After entering on a K-1 visa, no I-130 is required. And the Affidavit of Support for AOS is form I-864. But yes, you are allowed to stay while AOS processes. In fact, you shouldn't leave the USA until you have AP in hand.
Rene
1. For a K-1 visa, there's no such thing as joint sponsor. There can only be one financial sponsor, so if your fiancee doesn't meet the requirement, someone else can submit an I-134. That said, the I-134 is not submitted with the I-129F. It's taken to the visa interview.
2. You have 2 paths confused. After entering on a K-1 visa, no I-130 is required. And the Affidavit of Support for AOS is form I-864. But yes, you are allowed to stay while AOS processes. In fact, you shouldn't leave the USA until you have AP in hand.
Rene
Sep 6th 2018, 8:14 pm
#4
Turning into a PA gal!
Joined: Feb 2013
Location: State College PA, finally!
Posts: 3,563
Re: K1 to AOS Queries
Also beware of the AOS acronym because it is used to refer to both Adjustment of Status and Affidavit of Support.
Last edited by lizzyq; Sep 6th 2018 at 9:42 pm. Reason: grammar
Sep 6th 2018, 8:45 pm
#5
Just Joined
Thread Starter
Joined: Aug 2018
Posts: 2
Re: K1 to AOS Queries
Hi and Welcome to BE.
1. For a K-1 visa, there's no such thing as joint sponsor. There can only be one financial sponsor, so if your fiancee doesn't meet the requirement, someone else can submit an I-134. That said, the I-134 is not submitted with the I-129F. It's taken to the visa interview.
2. You have 2 paths confused. After entering on a K-1 visa, no I-130 is required. And the Affidavit of Support for AOS is form I-864. But yes, you are allowed to stay while AOS processes. In fact, you shouldn't leave the USA until you have AP in hand.
Rene
1. For a K-1 visa, there's no such thing as joint sponsor. There can only be one financial sponsor, so if your fiancee doesn't meet the requirement, someone else can submit an I-134. That said, the I-134 is not submitted with the I-129F. It's taken to the visa interview.
2. You have 2 paths confused. After entering on a K-1 visa, no I-130 is required. And the Affidavit of Support for AOS is form I-864. But yes, you are allowed to stay while AOS processes. In fact, you shouldn't leave the USA until you have AP in hand.
Rene
Sep 6th 2018, 9:42 pm
#7
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
