I-130, Do I need it?
Dec 7th 2003, 3:02 pm
#1
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 102
I-130, Do I need it?
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485 because I got married to a US citizen on 11/2003. I intend to get a green card on the basis of this marriage. Do I still need to file I-130? Do I mail both forms(I-485 and I-130) at the same time, I am going to file in the Dallas office. THANKS
Last edited by wesam; Dec 8th 2003 at 12:26 pm.
Dec 7th 2003, 3:17 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-130, Do I need it?
Originally posted by wesam
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485(married to US citizen 11/2003). Do I still need to file I-130. THANKS
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485(married to US citizen 11/2003). Do I still need to file I-130. THANKS
How do you intend to qualify for adjustment? You don't say. If you qualify by a means other than your marriage, then the asnwer is no.
Dec 7th 2003, 3:26 pm
#3
Forum Regular
Joined: Nov 2002
Location: St. Paul, MN, USA
Posts: 204
Re: I-130, Do I need it?
Originally posted by wesam
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485(married to US citizen 11/2003). Do I still need to file I-130. THANKS
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485(married to US citizen 11/2003). Do I still need to file I-130. THANKS
I hope for you that I'm wrong!
- Mark
Dec 7th 2003, 3:30 pm
#4
Overworked and exhausted
Joined: Jun 2003
Location: New York
Posts: 1,111
Re: I-130, Do I need it?
Originally posted by wesam
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485(married to US citizen 11/2003). Do I still need to file I-130. THANKS
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485(married to US citizen 11/2003). Do I still need to file I-130. THANKS
Dec 7th 2003, 4:01 pm
#5
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 102
Re: I-130, Do I need it?
Even if I was in the states when we got married I still have to fill it? I will do anyway. THANKS.
Dec 7th 2003, 4:06 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-130, Do I need it?
Originally posted by wesam
Even if I was in the states when we got married I still have to fill it? I will do anyway. THANKS.
Even if I was in the states when we got married I still have to fill it? I will do anyway. THANKS.
If you are filing for residence based on that marriage then you need the I-130 other than if you had entered on a K-1 fiance visa.
Dec 7th 2003, 10:31 pm
#7
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 102
Re: I-130, Do I need it?
So I need to file both I-485 and I-130, right?
Dec 8th 2003, 3:22 am
#8
Overworked and exhausted
Joined: Jun 2003
Location: New York
Posts: 1,111
Re: I-130, Do I need it?
Originally posted by wesam
So I need to file both I-485 and I-130, right?
So I need to file both I-485 and I-130, right?
Dec 8th 2003, 4:14 am
#9
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 102
Re: I-130, Do I need it?
Thanks. So I need to file both I-30 and I-485.
So do I mail them all at the same time, I am going to file in the Dallas office.
So do I mail them all at the same time, I am going to file in the Dallas office.
Dec 8th 2003, 4:34 am
#10
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-130, Do I need it?
Originally posted by Hebapotamus42
Yes. You have to file I-130 first though. Depending on where you are going to file for AOS, you'll either be allowed to file while the I-130 is pending or you may have to wait until the I-130 is approved. Somebody please correct me on this if I'm wrong.
Yes. You have to file I-130 first though. Depending on where you are going to file for AOS, you'll either be allowed to file while the I-130 is pending or you may have to wait until the I-130 is approved. Somebody please correct me on this if I'm wrong.
You are wrong. However, I will let you correct the posting.
Dec 8th 2003, 4:40 am
#11
Overworked and exhausted
Joined: Jun 2003
Location: New York
Posts: 1,111
Re: I-130, Do I need it?
Originally posted by Folinskyinla
Hi:
You are wrong. However, I will let you correct the posting.
Hi:
You are wrong. However, I will let you correct the posting.
Last edited by Hebapotamus42; Dec 8th 2003 at 4:44 am.
Dec 8th 2003, 4:47 am
#12
Member
Joined: Apr 2001
Posts: 14,049
Re: I-130, Do I need it?
Heb (and others),
If you suspect that you may not be correct in your answer, why do you post it?
Regards, JEff
If you suspect that you may not be correct in your answer, why do you post it?
Regards, JEff
Originally posted by Hebapotamus42
Yes. You have to file I-130 first though. Depending on where you are going to file for AOS, you'll either be allowed to file while the I-130 is pending or you may have to wait until the I-130 is approved. Somebody please correct me on this if I'm wrong.
Yes. You have to file I-130 first though. Depending on where you are going to file for AOS, you'll either be allowed to file while the I-130 is pending or you may have to wait until the I-130 is approved. Somebody please correct me on this if I'm wrong.
Dec 8th 2003, 5:03 am
#13
Overworked and exhausted
Joined: Jun 2003
Location: New York
Posts: 1,111
Re: I-130, Do I need it?
Originally posted by jeffreyhy
Heb (and others),
If you suspect that you may not be correct in your answer, why do you post it?
Regards, JEff
Heb (and others),
If you suspect that you may not be correct in your answer, why do you post it?
Regards, JEff
I don't usually post when I'm uncertain. However, perverse reasoning got the better of me this time.
I myself want to know the answer to the OP's question, so I gave an answer based on what I had come to understand. If I'm right, yay, now I know that I do know. If I'm wrong, a correction will be made along with a stern reprimand, in which case I will never forget the correct answer. :scared:
Dec 8th 2003, 5:17 am
#14
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 102
Re: I-130, Do I need it?
Okay, you all are getting me confused.
Can I file both forms at the same time or not?
From reading the instructions on both forms I think I can.
Can I file both forms at the same time or not?
From reading the instructions on both forms I think I can.
Dec 8th 2003, 5:29 am
#15
Overworked and exhausted
Joined: Jun 2003
Location: New York
Posts: 1,111
Re: I-130, Do I need it?
After doing about an hour's worth of research, it seems to me that the OP can file I-485 and I-130 concurrently at the district office. So, am I right this time?? 
