Dave

Hi all.

I was under the impression that my wife and I, (she is here on a K1), would
need to file an I-485 to adjust status. However, an attorney told me this
morning that an I-130 must also be filed. Is this true? Can anyone help me?

Thanks,
Dave

Dave

I checked out the FAQ originally. My understanding of it is that an I-130 is
only filed when the spouse/children are not in the country. Is that
understanding correct?

Thanks,
Dave

"Steve and Lisa" wrote in message
news:[email protected]...
    > Link from the K-1 FAQ Pages with Heading:
    > What forms and other items are required for Adjustment of Status
    > http://www.k1faq.com/#6.2

Steve And Lisa

Link from the K-1 FAQ Pages with Heading:

What forms and other items are required for Adjustment of Status
http://www.k1faq.com/#6.2


--
Lisa
Our INS Journey from I-130 to N-400 thus far..............
www.britsintheus.com/marriednhappy/timeline-aos.htm


"Dave" wrote in message
news:[email protected]...
    > Hi all.
    > I was under the impression that my wife and I, (she is here on a K1),
would
    > need to file an I-485 to adjust status. However, an attorney told me this
    > morning that an I-130 must also be filed. Is this true? Can anyone help
me?
    > Thanks,
    > Dave

Andy Platt

Either:

a) The attorney is an idiot
b) You didn't tell the attorney the situation correctly
c) You did tell them the situation correctly but there's something you
haven't told us

I'm guessing the truth lies somewhere between (a) and (b) - one of the
regular attorneys on this newsgroup has previously posted that some
immigration attorneys he's met have no idea there is a K-1 visa at all!!!

Anyway, so long as you got married within the 90 days, your wife files the
I-485 with the NOA for the I-129F and does not need an I-130.

Andy.

--
I'm not really here - it's just your warped imagination.
"Dave" wrote in message
news:[email protected]...
    > Hi all.
    > I was under the impression that my wife and I, (she is here on a K1),
would
    > need to file an I-485 to adjust status. However, an attorney told me this
    > morning that an I-130 must also be filed. Is this true? Can anyone help
me?
    > Thanks,
    > Dave

Dave

Thanks Andy!

vazagothic

And what about a person who entered the US on tourist visa, got married and wants to do AOS ?

Does he not need to file an I-130 ? (as it happens with entering the US on K-1 visa)

I'm getting slightly confused, because there's a field on the I-130 form:

C.14.
If your relative is currently in the U.S. complete the following:
He or she arrived as a:
(visitor, student, stowaway, without inspection, etc)


But maybe it applies only to other than on K-1 visa entries to the USA

Rete

A K-1 is a Fiancee Visa. It is a visa obtained through INS and the US Consulate which gives the recipient the expressed right to enter the US for the purpose of marrying the USC petitioner. They are NOT required to file I-130.

However, if you entered the US under a tourist visa or the VWP program, then you are required to file the I-130 along with the I-485. There aren't any ifs, ands or buts with this. And it is to be filed at the local INS office, not at the service center level UNLESS you live in the Baltimore, Maryland area and then it is filed with the Vermont Service Center.

Stowaways and entering without inspection are not eligible to adjust status even though they are asked if they fall within those categories.

Rete