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Is it possible to file I-130 after K-1 + AOS filing?

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Is it possible to file I-130 after K-1 + AOS filing?

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Old Feb 23rd 2004, 11:48 am
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Default Is it possible to file I-130 after K-1 + AOS filing?

I was wondering and maybe someone here knows the answer to this question:

Is it possible to file an I-130 on behalf of one's spouse who is currently in the US, after the spouse has entered the country as a K-1 fiancee, has married within 90 days of entry and filed for AOS based on marriage?

I ask because the Vermont Service Center appears to be processing I-130s from May and June 2003, which is much better than some of the District Offices like NYC, Charlotte and Atlanta. I was curious as to whether this is an option or not?

Thanks.

Last edited by jgbreton; Feb 23rd 2004 at 11:50 am.
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Old Feb 23rd 2004, 1:14 pm
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Default Re: Is it possible to file I-130 after K-1 + AOS filing?

Originally posted by jgbreton
Is it possible to file an I-130 on behalf of one's spouse who is currently in the US, after the spouse has entered the country as a K-1 fiancee, has married within 90 days of entry and filed for AOS based on marriage?
It's a pointless exercise which would lead to nothing and cost you more money, it's not worth it. You've followed the rules for the K1 and AOS so why bother? It doesn't matter how fast the I-130 is being processed, it has no bearing on your AOS.
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