AOS

[VanessaTony 3,567]

OK I just got back from the attorneys office....the attorney is not the one that provides the free consultation, if not the paralegal. I dont even know what to believe or if she is right. I spoke to her and she said that I cant apply thru I-130 if not thru K1 because thats how he entered and I would just have to explain at the interview the reason why we didnt married before the 90 days...they can do all the paperwork for me for $1600 and attorney representation at the interview for $750...plus of course $ 1010 for inmigration...What do u guys think?Now I am even more confused...does it make any sense?

No. They are wrong. i am right, as so are the other people that tell you you are fine.

As long as you have married the ORIGINAL USC PETITIONER, go ahead and file the I-130 with the AOS documents. It will be $1010 plus $355. The medical may or may not be expired so be aware of that fee possibility too.

You will most likely have an interview because you didn't marry in the 90 days, and it's also likely that you will get a Stokes interview (where they separate you and your spouse at the interview and ask you qns about your relationship, lives together etc). they will also most likely ask you qns like "why didn't you marry in the 90 days?" and your answer that you "weren't sure about each other" isn't a good answer to be honest.

It does make it harder but it is certainly permitted to apply, you will not get denied simply because you entered as a K1 and failed to marry in the 90 days. As long as you married the USC petitioner you stand as much chance as a B1/F1 type AOS'er.

[Otto 83]

What do u guys think?Now I am even more confused...does it make any sense?

I think who ever you talked to was wrong/mistaken/distracted/uninterested (pick one). Its not that hard - you'd follow the guide pointed out in previous posts and you should be just fine.

[Maire 1]

You know what...you guys and visajourney has NEVER failed me even when i started the whole K1 visa..I didnt needed a lawyer and everthing worked out well...iam sorry I was just having my doubts is just iam really nervious about the whole thing...but I will do as you guys tell me...I trust you..I really do...

No. They are wrong. i am right, as so are the other people that tell you you are fine.

As long as you have married the ORIGINAL USC PETITIONER, go ahead and file the I-130 with the AOS documents. It will be $1010 plus $355. The medical may or may not be expired so be aware of that fee possibility too.

You will most likely have an interview because you didn't marry in the 90 days, and it's also likely that you will get a Stokes interview (where they separate you and your spouse at the interview and ask you qns about your relationship, lives together etc). they will also most likely ask you qns like "why didn't you marry in the 90 days?" and your answer that you "weren't sure about each other" isn't a good answer to be honest.

It does make it harder but it is certainly permitted to apply, you will not get denied simply because you entered as a K1 and failed to marry in the 90 days. As long as you married the USC petitioner you stand as much chance as a B1/F1 type AOS'er.

I know saying we werent sure about each other is not a good answer..but is kinda the truth..we were fighting a lot and I got scared of marriage because I dont believe in divorce...what other excuse can I use then?

[Maire 1]

Perhaps if everything works out well with my AOS...this question can be added in the AOS Q & A section in this Forum to help other people that might face this issue in the future.

[VanessaTony 3,567]

You know what...you guys and visajourney has NEVER failed me even when i started the whole K1 visa..I didnt needed a lawyer and everthing worked out well...iam sorry I was just having my doubts is just iam really nervious about the whole thing...but I will do as you guys tell me...I trust you..I really do...

I know saying we werent sure about each other is not a good answer..but is kinda the truth..we were fighting a lot and I got scared of marriage because I dont believe in divorce...what other excuse can I use then?

Never lie. Always be honest. I would say basically the same thing but make sure you mention the truth but the good stuff too, like:

- you love each other and tried to make it work and the reason you waited is because you didn't want to rush it

- that you wanted it to be a marriage about love and not for visa reasons. That if it WAS for visa reasons you would have married in the 90 days. Instead you chose to wait a little bit, give it more time, him more time to adjust to life here.

- Say just what you said here, that you don't believe in divorce and you wanted to be sure that you could make it past the struggles as a couple.

Above all remember if it was a fake relationship all this wouldn't have mattered to you. He'd have left right away, no marriage would have happened. Make sure you convey that to them.

[Maire 1]

Never lie. Always be honest. I would say basically the same thing but make sure you mention the truth but the good stuff too, like:

- you love each other and tried to make it work and the reason you waited is because you didn't want to rush it

- that you wanted it to be a marriage about love and not for visa reasons. That if it WAS for visa reasons you would have married in the 90 days. Instead you chose to wait a little bit, give it more time, him more time to adjust to life here.

- Say just what you said here, that you don't believe in divorce and you wanted to be sure that you could make it past the struggles as a couple.

Above all remember if it was a fake relationship all this wouldn't have mattered to you. He'd have left right away, no marriage would have happened. Make sure you convey that to them.

Thank you for your advice...

and thank you everyone in here for taking your time and actually caring...I will start this process as soon as possible and I will update you..thanks again from the bottom of my heart..

[Deputy Purple 1,294]

Thank you for your advice...

and thank you everyone in here for taking your time and actually caring...I will start this process as soon as possible and I will update you..thanks again from the bottom of my heart..

Good Luck, I look forward to seeing your "AOS Approved" thread...

[yuryromero 0]

perhaps I forgot to mention he is Cuban...he cannot get deported....

Don't worry he it is cuban,get a infopass and go to the immigration office,remember everything it is different for us (cuban) here,he will be fine,we have the dry feet wet feet,so it is ok,they will give him a 1 year resident permit and after a year living here he needs to apply for his resident card,,,,,he will be ok That it is the only thing about us the cubans (immigration) Good luck yury

Edited April 14, 2010 by yuryromero

[Val Marty 1]

If you want to talk to a representative you need to press 1, then 2 and then 3. If they can't help you ask to be connected to a officer. Officers aren't very helpful either, but you can at least try.

[Maire 1]

Don't worry he it is cuban,get a infopass and go to the immigration office,remember everything it is different for us (cuban) here,he will be fine,we have the dry feet wet feet,so it is ok,they will give him a 1 year resident permit and after a year living here he needs to apply for his resident card,,,,,he will be ok That it is the only thing about us the cubans (immigration) Good luck yury

How can I get that InfoPass?

If you want to talk to a representative you need to press 1, then 2 and then 3. If they can't help you ask to be connected to a officer. Officers aren't very helpful either, but you can at least try.

Yeah they are not very helpful...I just called and they said that he needs to go back to Cuba because he was in violation of the K1...grrr

[Maire 1]

ok....ok...okkkk i requested to be transferred to an officer and this one new exactly what he was talking about...and you guys are RIGHTTTTTTTTTTTT....this officer told me that there are no issues if u marry after the 90 days as long as you marry the original petitioner....he said the same I-130 + I-485....he also told me that people entering with a k1 visa and marrying their original petitioner after the 90 is very common...(i dont feel that bad)...he said we will have no problems at all...THANK YOU GUYS!!!!!!!!!!!!

[john_and_marlene 162]

Unfortunately, some misinformation in this thread has caused you some confusion.

A) For a K-1 entry, adjustment of status is only allowed based on marriage to the K-1 petitioner.

Next is where the misinformation confused the situation--

B) If you married within the 90 days, you can apply for adjustment of status based on the K-1 entry and marriage without a new immediate relative petition.

C) If you married outside the 90 days, you can apply for adjustment of status based on the immediate relative relationship, but must file the immediate relative petition (I-130) along with the adjustment application.

A always applies.

B or C applies depending on when you got married.

[Maire 1]

I want to thank everyone that responded to my initial post.As a result, here is the update:

Everything worked out exactly how you guys said it. I did not need to get an attorney. I did exactly what you guys proposed(filed I-130 + I-485)....since we married after the 90 days that are provided on the K1 visa...we had the interview on august 4th and his residence card was approved. The official just asked why we did not married within the 90 days and I told him he was having a hard time adjusting and we were having lots of arguments. He then asked if during the times of fighting he always stayed living at home with me and I said yes. It was not difficult at all...reality is...couples do fight!!!!He said as long as you marry the original petition there are no issues. Thanks everyoneeeeeeeeeeee...visajourney is the best attorney anyone can get. Thanks everyone!!!!!!!!!!!!!

[Maire 1]

Here is a question tho...I was updating the timeline and it asks regarding his passport being stamped at interview I-55 or something like that...what does this mean? we did not get that stamp...

[VanessaTony 3,567]

Here is a question tho...I was updating the timeline and it asks regarding his passport being stamped at interview I-55 or something like that...what does this mean? we did not get that stamp...

First CONGRATS!!

The I-551 stamp is the temporary greencard stamp. A lot of offices don't give the stamp anymore because they don't approve immediately, they say they are recommending it be approved and their supervisor checks everything. Then you'll get the greencard. not a big deal honestly because he should get his card soon.

Again, CONGRATS!! I'm happy it all worked out