Jump to content
IwdMan

K1 visa Married after 90 day period HELP

By IwdMan in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

 Share

19 posts in this topic

Recommended Posts

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

You need to file I-130 in conjunction with the I-485. The AOS will be based on the I-130 petition rather than the K-1. This situation is not unheard of and the procedure to file the I-130 in this situation is explained on the USCIS website. You can save yourself the trouble of filing the I-131 again--she has been out of status a long time and won't be allowed to reenter the U.S. with the AP because of the out of status overstay.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites
Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

This has happened to others on VJ, You need to refile the AOS and include the I-130 with it. your new application will be based on the I-130 and they will be approved or denied together at the interview.

As said by others she must not leave the US now until she has her greencard or she will be denied entry, even with AP. You may also want to include a letter with the AOS explaining the mistake that you made and are now filing based on the enclosed I-130.

Jon

Link to comment
Share on other sites
Eric-Pris Experienced

Eric-Pris   1,606

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted
I did not know it was a serious problem, I even called an immigration lawyer before the 90 days were up and he told me that INS was behind processing applications so it would not be a problem.

I would go back to him to get you out of this mess.

Link to comment
Share on other sites
spookyturtle Grand Master

spookyturtle   9,466

Posted
Timeline
Posted
You need to file I-130 in conjunction with the I-485. The AOS will be based on the I-130 petition rather than the K-1. This situation is not unheard of and the procedure to file the I-130 in this situation is explained on the USCIS website. You can save yourself the trouble of filing the I-131 again--she has been out of status a long time and won't be allowed to reenter the U.S. with the AP because of the out of status overstay.

This is good advice. If you are going to use a lawyer, find one that knows what they are doing. It amazes me how many incompetant lawyers are out there. When it comes to tough immigration cases, there are only a handful that know what they doing. Ask them about their experience with cases like yours, how many they have done and what the success rate is. Good luck to you, your case is doable. Just don't let her leave the country.

R.I.P Spooky 2004-2015

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...