thiyu

Hi all,
My fiancee came over on a K1 visa. We were married within the 90 day
limit. I tried to adjust her status by using the I 485. It was
returned to us with the reason that the I 140 was not correct. I did
not send an I-140, that is not needed for the K-1. I called the Texas
Service Center and was told that an I-130 was needed first. Then to
send in the I- 485. I thought you could go from K1 directly to I-485
without having to do the I-130. I asked how long it takes for the
I-130 to be processed, they said 18 months. They said we could not
file the form for EAD nor the advance travel permission until after
the I-130 was approved. In all my readings on this, I understood that
you could file for the travel and work authorization to allow you to
work and travel while the process is ongoing??? But my main question
is, do I need to file the I-130 (they also said I could not file I-130
and I- 485 at the same time)??

Ronald Austin

thyu,

I'm new at this, just filed I-129F for K-1. I've been reading ahead, and
found these webpages for guidance on AOS from K-1. I've seen numerous posts
on the board about incorrect advice provided by INS employees - call 3
times, get 3 different answers. http://k1.exit.com/AOS.html
http://www.txdirect.net/users/mike38/k1faq.htm#6.2

Good luck!
Ron




wrote in message
news:C926BAB859A6D3C5.07CF0F89704345...lp.airnews.net...
    > Hi all,
    > My fiancee came over on a K1 visa. We were married within the 90 day
    > limit. I tried to adjust her status by using the I 485. It was
    > returned to us with the reason that the I 140 was not correct. I did
    > not send an I-140, that is not needed for the K-1. I called the Texas
    > Service Center and was told that an I-130 was needed first. Then to
    > send in the I- 485. I thought you could go from K1 directly to I-485
    > without having to do the I-130. I asked how long it takes for the
    > I-130 to be processed, they said 18 months. They said we could not
    > file the form for EAD nor the advance travel permission until after
    > the I-130 was approved. In all my readings on this, I understood that
    > you could file for the travel and work authorization to allow you to
    > work and travel while the process is ongoing??? But my main question
    > is, do I need to file the I-130 (they also said I could not file I-130
    > and I- 485 at the same time)??

Andy Platt

The confusion is because you sent it to the wrong place. Family-based
adjustment of status applications go to the local INS office not the service
center (with the specific exception of the Baltimore office when you file at
VSC).

Andy.

--
I'm not really here - it's just your warped imagination.
wrote in message
news:C926BAB859A6D3C5.07CF0F89704345...lp.airnews.net...
    > Hi all,
    > My fiancee came over on a K1 visa. We were married within the 90 day
    > limit. I tried to adjust her status by using the I 485. It was
    > returned to us with the reason that the I 140 was not correct. I did
    > not send an I-140, that is not needed for the K-1. I called the Texas
    > Service Center and was told that an I-130 was needed first. Then to
    > send in the I- 485. I thought you could go from K1 directly to I-485
    > without having to do the I-130. I asked how long it takes for the
    > I-130 to be processed, they said 18 months. They said we could not
    > file the form for EAD nor the advance travel permission until after
    > the I-130 was approved. In all my readings on this, I understood that
    > you could file for the travel and work authorization to allow you to
    > work and travel while the process is ongoing??? But my main question
    > is, do I need to file the I-130 (they also said I could not file I-130
    > and I- 485 at the same time)??

Caro

If you come on a K1 fiance visa, it is my understanding that you do not need the I-130 (you already have an I-129F approved since you got the K1). You need to file an I-485 with your local INS office (it doesn't look like you live in Baltimore) and some other forms (check on the docsteen webpage for all the things you need to submit).

Caroline

thiyu

Hi Again Andy,
I did check the correct box, the one stating K1 visa, I think they
just messed it up. Thanks

On Thu, 14 Nov 2002 17:44:37 +0000, Caro
wrote:

    >>
    >> Hi all,
    >> My fiancee came over on a K1 visa. We were married within the 90 day
    >> limit. I tried to adjust her status by using the I 485. It was
    >> returned to us with the reason that the I 140 was not correct. I did
    >> not send an I-140, that is not needed for the K-1. I called the Texas
    >> Service Center and was told that an I-130 was needed first. Then to
    >> send in the I- 485. I thought you could go from K1 directly to I-485
    >> without having to do the I-130. I asked how long it takes for the
    >> I-130 to be processed, they said 18 months. They said we could not
    >> file the form for EAD nor the advance travel permission until after
    >> the I-130 was approved. In all my readings on this, I understood that
    >> you could file for the travel and work authorization to allow you to
    >> work and travel while the process is ongoing??? But my main question
    >> is, do I need to file the I-130 (they also said I could not file I-130
    >> and I- 485 at the same time)??
    >If you come on a K1 fiance visa, it is my understanding that you do not
    >need the I-130 (you already have an I-129F approved since you got the
    >K1). You need to file an I-485 with your local INS office (it doesn't
    >look like you live in Baltimore) and some other forms (check on the
    >docsteen webpage for all the things you need to submit).
    >Caroline

Matthew Udall

Hmm, I did not see in Andy's reply, anything about what box you checked (I assume you are talking about the boxes on the first page of the I-485).

What I did see was him telling you that you tried submitting this to the wrong place. I happen to agree with Andy.

Good luck.

Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm