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