Is it necessary to send a form I-130 with form I-485, if I have already had a I-129 processed for my wife?

Asked over 1 year ago - Cuyahoga Falls, OH

My wife is here on a K-1 Fiance Visa from Brasil. She has been here for about 5 months. We married within the given 3 month period on 12/15/2012. We have all the information, documentation, and ready to send forms I-864 and I-485. My only doubt is whether or not form I-130 is needed.

Attorney answers (5)

  1. Giacomo Jacques Behar

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    Contributor Level 20

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    Answered . No. It is not necessary to send in a Form I-130 when the person has been admitted as a fiancée a d is now filing for adjustment of status based on marriage to the fiancée petitioner.

    You guessed that one right: the Form I-129 F was the equivalent of the I-130 you would have ordinarily needed. But not In this instance.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Andrew Marino Bramante

    Contributor Level 15

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    Answered . No. Just file the I485. No I-130

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    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with... more
  3. Robert Louis Brown

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    Contributor Level 19

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    Answered . File the I-485 with the I-765. No need to file the I-130.

    216.861.4414
    immigration @rbrownllc.com
    www.brown-immigration.com

  4. Lynne Rogers Feldman

    Contributor Level 18

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    Answered . As long as you include a copy of the I-129 F with supporting materials and the I-129F approval you should not need the I-130.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  5. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

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    Answered . I agree to some extent. You can still file without the I-130, because she married you within 90 days. However, don't wait too long. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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