Is the I-130 Required with AOS?

[gojev93]

Hello all,
I'm putting together my AOS package and I'm not sure about one thing. Does my husband need to fill out the I-130 form?

I am here on a K1 Visa. We married within the 90 day window. And now I am doing the AOS. But my K1 Visa expired May 5th!

Can someone help? Now, because my K1 Visa is expired, do I need to submit the I-130 form with my AOS? With an additional fee?!

[Dianis]

Yes, i130 & i130a, i864, i485 obviously, and you can fill i765 & i131 if you are planning to travel abroad and/or working (no extra cost)

[Shiran]

If you are adjusting status from K-1, and you got married within 90 days of PoE, you do not need I-130, and you don't need to pay for it either. You only need I-485 and I-864, with I-131 and I-765 being optional but they are "free" as long as you file same at same time as I-485.

[gojev93]

Thank you two for the replies. But those are completely opposite answers.

This is so hard!

[newacct]

No, you do not need I-130 when adjusting from K1 and you married within the 90 days of K1. The fact that your visa expired is irrelevant (visas are only for entry; the expiration date no longer matters after you enter). If you mean that your K1 status, as given on the I-94, has expired, that is also irrelevant. You do not need to be in status to adjust status in your category.

[gojev93]

Thank you!