Application for Adjustment of Status through Marriage

[me2011]

hi-

My spouse (we just got married) entered the US on a tourist visa and unfortunately realized that he overstayed the visa by 2 months (he thought he was allowed to stay here for 6 months. However, he is applying for adjustment of status based on marriage. We need to make sure we submit all the necessary forms.
Can someone please confirm if we are missing something or should any of the forms below not be included in the application?

Form to file:


I-485 Spplication to register permanent residence or adjust status Fee $1,140.00
Biometrics Fee $85.00
I-130 Petition for Alien Relative Fee $535.00
I-130A Supplemental Information for Spouse Beneficiary Fee $0.00 (filed together with I-130 is this form required?
I-131 Travel Permit Application Form Fee $0.00
I-765 Application for work permit EAD Fee $0.00
I-693 Report of medical examination and vaccination record Fee $0.00
I-864 Affidavit of Support Fee $0.00

Thank you,

[newacct]

hi-

My spouse (we just got married) entered the US on a tourist visa and unfortunately realized that he overstayed the visa by 2 months (he thought he was allowed to stay here for 6 months. However, he is applying for adjustment of status based on marriage. We need to make sure we submit all the necessary forms.
Can someone please confirm if we are missing something or should any of the forms below not be included in the application?

Form to file:


I-485 Spplication to register permanent residence or adjust status Fee $1,140.00
Biometrics Fee $85.00
I-130 Petition for Alien Relative Fee $535.00
I-130A Supplemental Information for Spouse Beneficiary Fee $0.00 (filed together with I-130 is this form required?
I-131 Travel Permit Application Form Fee $0.00
I-765 Application for work permit EAD Fee $0.00
I-693 Report of medical examination and vaccination record Fee $0.00
I-864 Affidavit of Support Fee $0.00

Thank you,

Are you a US citizen? The forms look fine.

[me2011]

Are you a US citizen? The forms look fine.

Yes, I am a US citizen. someone told me the I-130 is not needed since it's an adjustment of status within the US, is this true?

[UA21]

not true. Some people first file i130 and only after it?s approved they file I 485 and the rest of documents but I think it takes longer this way. But for sure you need to file I 130

Yes, I am a US citizen. someone told me the I-130 is not needed since it's an adjustment of status within the US, is this true?

[me2011]

That's what I thought. Thank you!

[me2011]

not true. Some people first file i130 and only after it?s approved they file I 485 and the rest of documents but I think it takes longer this way. But for sure you need to file I 130

one more question. I was told by two different people that they filed for adjustment of status but they didn't have to file I-130 form. Is this correct? since my spouse is already in the US and we got married here in NY.

[newacct]

one more question. I was told by two different people that they filed for adjustment of status but they didn't have to file I-130 form. Is this correct? since my spouse is already in the US and we got married here in NY.

Well if they are immigrating in an employment-based category, they would have an I-140 instead of I-130. If they are adjusting from K1 and they married within 90 days of entry, they don't need I-130 and just adjust based on the I-129F fiance petition and entering and marrying directly.

[me2011]

Well if they are immigrating in an employment-based category, they would have an I-140 instead of I-130. If they are adjusting from K1 and they married within 90 days of entry, they don't need I-130 and just adjust based on the I-129F fiance petition and entering and marrying directly.

He entered on a B2 (tourist visa) and overstayed by 2 months. So we got married and he applying based on marriage. so that means he has to submit I-130 together with I-485 then?

[newacct]

He entered on a B2 (tourist visa) and overstayed by 2 months. So we got married and he applying based on marriage. so that means he has to submit I-130 together with I-485 then?

yes

[Cindyklk]

you need the I-130 thereeee