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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?

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.

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Attorney answers 5

Best Answer
Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Thank you so much for your response! I appreciate it greatly.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You're very welcome! Please don't forget to designate a "Best Answer" for this question.

Asker

Posted

In addition to sending the the I-485 I am also sending the I-864. The only problem is the I-94 that is asked for in the I-864 is still with he IRS, because I hd to send them her passpaort for tax purposes. What should I do?

Asker

Posted

*the IRS, because I had to send them her passport

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Ask for the passport & I-94 back at once !

Posted

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

Posted

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.

Posted

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 an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

Posted

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

216.861.4414
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