Differences between regular AOS and AOS from K1

S

sarrebal

Registered Users (C)
Hi everyone,

I just offered my help to a dear friend (Russian guy naturalized USC), whose fiance just came here to NYC from Russia on a K1 visa.

What are the differences between the regular AOS process (like the one I had to go through) and an AOS from a K1 visa?

They are going to get married in February in City Hall (and then probably in Russia in the summer) but they want to get started with the paperwork before.

I am pretty sure she had to submit an I-693 in Russia when she applied for the visa and also there won't be any need for a I-130 petition (he already filed a I-129F, right?).

The only thing she needs is to file an I-485, right?
Does he need to file an affidavit of support or he already did it when he filed the I-129F?

Also, EAD. Can she ask for it before she gets married (under K1) or she has to wait and file it with the I-485?

Thanks a lot.
 
I am pretty sure she had to submit an I-693 in Russia when she applied for the visa and also there won't be any need for a I-130 petition (he already filed a I-129F, right?).
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That's right, she only needs a vaccination certificate, and she doesn't need I-130 if they marry within 90 days.


Can she ask for it before she gets married (under K1) or she has to wait and file it with the I-485?
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She can.

Does he need to file an affidavit of support or he already did it when he filed the I-129F?
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he submitted I-134 for K-1, now he needs to submit I-864 with AOS.
 
LucyMO said:
That's right, she only needs a vaccination certificate, and she doesn't need I-130 if they marry within 90 days.


She can.

he submitted I-134 for K-1, now he needs to submit I-864 with AOS.
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Hi:

As a matter of interest, I864 is required to be filed with the AOS application. This is because, unlike the I864, the I134 is not technically a binding contract.
 
LucyMO said:
it's because K-1 is a non-immigrant visa....
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So it's techinically a dual-intent visa with the purpose to let the alien fiance come to the US to attend his/her own wedding?
 
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