Questions about adjusting status...

[Darren&Laura 3]

Hi everyone,

We got married on 4th June, and returned from a trip to South Dakota yesterday and now it's time for me to adjust status as my K1 expires soon.

VJ provides full guides for me to do so but my question is how the heck would I cope without it? I've trawled around the USCIS website for ages looking for "official" guidance, (trying direct from the homepage rather than the link provided in the VJ guide), and haven't received any official correspondence at all since arriving in the USA - is this normal?

I'm concerned because if I didn't know about VJ I wouldn't even be aware that I need to adjust status or do anything further!! This seems concerning as surely I wouldn't be allowed to go out of status and for removal proceedings to be taken against me without any correspondence from USCIS or other agency?

In the guide on here, there is a link to the instructions for I-485, should I be receiving these officially or not? I'm quite happy to follow the VJ instructions to the letter but am concerned by the silence from USCIS in dealing direct with me. It seems strange that the onus is on me without being given any instructions directly.

Anyway, my parents and family have all flown back to the UK now after coming over for the wedding and to meet Laura, her family and our twins, so I have the time to get all this sorted, (so long as my baby twins are good!)

Thanks to the VJ community in advance for any assistance.

Darren

Edited June 12, 2008 by Darren&Laura

[payxibka 10,047]

Hi everyone,

We got married on 4th June, and returned from at trip to South Dakota yesterday and now it's time for me to adjust status as my K1 expires soon.

VJ provides full guides for me to do so but my question is how the heck would I cope without it? I've trawled around the USCIS website for ages looking for "official" guidance, (trying direct from the homepage rather than the link provided in the VJ guide), and haven't received any official correspondence at all since arriving in the USA - is this normal?

I'm concerned because if I didn't know about VJ I wouldn't even be aware that I need to adjust status or do anything further!! This seems concerning as surely I wouldn't be allowed to go out of status and for removal proceedings to be taken against me without any correspondence from USCIS or other agency?

In the guide on here, there is a link to the instructions for I-485, should I be receiving these officially or not? I'm quite happy to follow the VJ instructions to the letter but am concerned by the silence from USCIS in dealing direct with me. It seems strange that the onus is on me without being given any instructions directly.

Anyway, my parents and family have all flown back to the UK now, so I have the time to get all this sorted, (so long as my baby twins are good!)

Thanks to the VJ community in advance for any assistance.

Darren

You are responsible for yourself and maintenance of your legal presence... This is a self initiated process... The USCIS will not "officially" correspond with you. Do not expect it from them at anytime.

[Darren&Laura 3]

Hi everyone,

We got married on 4th June, and returned from at trip to South Dakota yesterday and now it's time for me to adjust status as my K1 expires soon.

VJ provides full guides for me to do so but my question is how the heck would I cope without it? I've trawled around the USCIS website for ages looking for "official" guidance, (trying direct from the homepage rather than the link provided in the VJ guide), and haven't received any official correspondence at all since arriving in the USA - is this normal?

I'm concerned because if I didn't know about VJ I wouldn't even be aware that I need to adjust status or do anything further!! This seems concerning as surely I wouldn't be allowed to go out of status and for removal proceedings to be taken against me without any correspondence from USCIS or other agency?

In the guide on here, there is a link to the instructions for I-485, should I be receiving these officially or not? I'm quite happy to follow the VJ instructions to the letter but am concerned by the silence from USCIS in dealing direct with me. It seems strange that the onus is on me without being given any instructions directly.

Anyway, my parents and family have all flown back to the UK now, so I have the time to get all this sorted, (so long as my baby twins are good!)

Thanks to the VJ community in advance for any assistance.

Darren

You are responsible for yourself and maintenance of your legal presence... This is a self initiated process... The USCIS will not "officially" correspond with you. Do not expect it from them at anytime.

Thought as much, but it would be nice for their website to be better organized so I know what to do! Without VJ I wouldn't have a clue what is required

Thanks for replying to my post and clarifying my position.

[payxibka 10,047]

The purposely are vague on there websites so communities such as VJ can be developed.

[maztec 0]

Hi everyone,

We got married on 4th June, and returned from a trip to South Dakota yesterday and now it's time for me to adjust status as my K1 expires soon.

VJ provides full guides for me to do so but my question is how the heck would I cope without it? I've trawled around the USCIS website for ages looking for "official" guidance, (trying direct from the homepage rather than the link provided in the VJ guide), and haven't received any official correspondence at all since arriving in the USA - is this normal?

I'm concerned because if I didn't know about VJ I wouldn't even be aware that I need to adjust status or do anything further!! This seems concerning as surely I wouldn't be allowed to go out of status and for removal proceedings to be taken against me without any correspondence from USCIS or other agency?

In the guide on here, there is a link to the instructions for I-485, should I be receiving these officially or not? I'm quite happy to follow the VJ instructions to the letter but am concerned by the silence from USCIS in dealing direct with me. It seems strange that the onus is on me without being given any instructions directly.

Anyway, my parents and family have all flown back to the UK now after coming over for the wedding and to meet Laura, her family and our twins, so I have the time to get all this sorted, (so long as my baby twins are good!)

Thanks to the VJ community in advance for any assistance.

Darren

Several things:

1) K-1 Visa is a Non-Immigrant Visa that is good for 90 days after your arrival in the U.S. This should have been explained to you by the consular officer at the U.S. Embassy/Consulate. If they did not inform you of this and you overstay, it can be grounds to have that fixed. However, it is nearly impossible to prove that they did not SAY this to you.

2) You should have read the "How do I?" pages and got to here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD which would take you to this document: http://www.uscis.gov/files/article/A2.pdf

The USCIS website has other information on the process, but that is one of the easiest guides to find.

3) Even if you overstay, as long as you marry who your K-1 intended you to marry, you are fine. Sure, they may initiate deportation proceedings, but then you get an attorney and make the legal leaches richer. Either way, you can cure an overstayed K-1 by filing an I-130 and I-485 with the person who you received the K-1 through. It's just not advisable to get in a position to have to do that.

4) When you entered the U.S. and were given your I-94, the officer giving you the card should have explained your period of stay and its requirements.

[RaTBoX 1]

You should have been told at your interview at the US Embassy in London that once you were married you needed to adjust your status.

The USCIS does provide information on what process you need to follow.

Consider the following - http://www.uscis.gov/files/article/A2.pdf

It gives enough of the basics for the K1 and subsequent AoS process for you then to go and look elsewhere on the site.

Because of the sheer complexity of immigration law and possible scenarios, USCIS cannot give information about every specific situation and what you must do. As mentioned, this is self initiated. Your status is your responsibility. USCIS is not required to inform you that you are about to go out of status, only that they have approved or denied an application for a specific status, or that you are being placed in removal proceedings for your status expiring.

[Darren&Laura 3]

Thanks for this. I'm aware from VJ and my K1 visa, (and was also told by the consular officer and at the port of entry), that my visa is valid for 90 days. My gripe was just that the USCIS website seemed badly organised and I was unable to locate the information I required on there, (I wish it was laid out as intuitively as VJ is - I have no problems finding any info I need on here.)

I had read the page you mentioned, but had disregarded downloading the pdf file you mentioned as we are married so I'm not a fiance anymore! My mistake, as this is the file I needed which explains the procedure AFTER marriage. Thanks for pointing me back to this!

Thanks to all the other people who took the time to help me on this thread too.

Several things:

1) K-1 Visa is a Non-Immigrant Visa that is good for 90 days after your arrival in the U.S. This should have been explained to you by the consular officer at the U.S. Embassy/Consulate. If they did not inform you of this and you overstay, it can be grounds to have that fixed. However, it is nearly impossible to prove that they did not SAY this to you.

2) You should have read the "How do I?" pages and got to here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD which would take you to this document: http://www.uscis.gov/files/article/A2.pdf

The USCIS website has other information on the process, but that is one of the easiest guides to find.

3) Even if you overstay, as long as you marry who your K-1 intended you to marry, you are fine. Sure, they may initiate deportation proceedings, but then you get an attorney and make the legal leaches richer. Either way, you can cure an overstayed K-1 by filing an I-130 and I-485 with the person who you received the K-1 through. It's just not advisable to get in a position to have to do that.

4) When you entered the U.S. and were given your I-94, the officer giving you the card should have explained your period of stay and its requirements.