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Form I-130 with AOS for K-1 visa holder

Form I-130 with AOS for K-1 visa holder

Old May 14th 2002, 3:44 pm
  #1  
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Default Form I-130 with AOS for K-1 visa holder

Hello,

I am a K-1 visa holder who just got married in the US. I am looking through the forms that our lawyer sent us to sign for the AOS petition and they include form I-130. My question is, do we need to submit this form if I entered the country on a K-1 visa and married within the 90 day period. I've looked on the INS site and it is unclear if we need to or not. Doc Steen's site says not to file it but doesn't say why. Can anyone give me the definitive answer as to whether we need to or not, as my lawyer isn't being a whole lot of help on the matter.

Thanks.

George
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Old May 14th 2002, 4:26 pm
  #2  
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Default Re: Form I-130 with AOS for K-1 visa holder

No. You are not required to complete the I-130. Your entry under the K-1 negates the need for a spousal visa.

Your attorney might have a pre-made package that he sends to clients or else he just told a paralegal or secretary to send you the forms for AOS and that is why you were sent the I-130.

Be sure, however, that your attorney is up-to-date with the forms and that they are the latest and greatest and that he knows about the increased fees for the various petitions and fingerprinting.

Rita
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Old May 14th 2002, 6:20 pm
  #3  
Andy Platt
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Default Re: Form I-130 with AOS for K-1 visa holder

#1 Get rid of the lawyer. Not much point having one if they add confusion to
the issue!
#2 The I-485 form itself specifies that you can submit the I-485 based on
entry on a K-1 visa and marriage to the person who filed the I-129F in the first
place. In other words, no I-130 is necessary if you have fulfilled the requirements
of the K-1.

Andy.

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I'm not really here - it's just your warped imagination. "D4YTR1PPER"
<[email protected]> wrote in message news:[email protected]...
    > Hello,
    >
    > I am a K-1 visa holder who just got married in the US. I am looking through the
    > forms that our lawyer sent us to sign for the AOS petition and they include form
    > I-130. My question is, do we need to submit this form if I entered the country on a
    > K-1 visa and married within the 90 day period. I've looked on the INS site and it
    > is unclear if we need to or not. Doc Steen's site says not to file it but doesn't
    > say why. Can anyone give me the definitive answer as to whether we need to or not,
    > as my lawyer isn't being a whole lot of help on the matter.
    >
    > Thanks.
    >
    > George
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 

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