Got a Notice of Decision Denied letter

[magnus0201 0]

"Where would you make the cutoff?"

I don't think there has to be a specific cutoff as long as there is a reasonable explanation included with the AOS application. To have someone have to go through the entire process again just because they missed it by 3 days is incredibly cruel and pointless. They are married now. They can't deport him/her. All they can do is make their lives more of a headache and delay their eventual AOS.

It was a stupid mistake though.

[chihopeful 0]

I appreciate the comments. It is the law and I thought perhaps there was some "wiggle room" there but it doesn't look like it. I could try to write a letter to the Director but I think it would be meaningless.

I made the mistake and if this is what it takes to take care of it so be it.

Any help on the previous set of questions would be appreciated. Thanks.

[aussiewench 9]

Hi everyone! Thanks for all the comments, it is what it is and I accept full responsibility.

While working through form I 485, Part 2 Application Type. None of the items apply, what should I indicate for the Adjustment of permanent residence reason???

Is there a particular wording to use in this situation?

Thanks in advance.

Also what do I indicate as the current USCIS staus?

Suggestion........Current USCIS Status: Expired K-1.

Any other takers on this or direct experiences???

As the I-130 will be submitted along with it you selct a) an immigrant petition etc etc etc

(the I-130 is an immigrant petition. Even though you wont be applying for a visa, you still need an approved I-130 and is applicable when submitting the I-130 simultaneously with the I-485)

Edited August 13, 2006 by aussiewench

[meauxna 15]

I appreciate the comments. It is the law and I thought perhaps there was some "wiggle room" there but it doesn't look like it. I could try to write a letter to the Director but I think it would be meaningless.

I made the mistake and if this is what it takes to take care of it so be it.

Any help on the previous set of questions would be appreciated. Thanks.

I'm glad you see that it would be meaningless to argue.. them's the breaks and you have a great attitude!

Technically, you are filing under (a); I can't think of a downside to saying so. You can include copies of all your previous submission and the denial letter you got with an explanation of yoru situation, but it is not an unheard of event (to marry outside the 90 days). There is a solution, don't beat yourself up. Do be sure to check out the implications of using Advance Parole before leaving the US.

"Where would you make the cutoff?"

I don't think there has to be a specific cutoff as long as there is a reasonable explanation included with the AOS application. To have someone have to go through the entire process again just because they missed it by 3 days is incredibly cruel and pointless. They are married now. They can't deport him/her. All they can do is make their lives more of a headache and delay their eventual AOS.

It was a stupid mistake though.

If there was no specific cutoff date for getting married under a K-1 visa, what would the purpose of the visa be? For a USC to bring any foreigner here for an unlimited period of time to ... hang out? I know a lot of people (myself included) who would use such a visa, but it doesn't exist. The K-1 is to bring a foreign national to the US for the sole purpose of getting married to *that* USC within 90 days. <shrug> It's just the deal.

btw, 'they' absolutely could deport her. Marriage is no protection against that. Now, it's unlikely to happen, but it's unkind of you to suggest that she may have some sort of legal status when she does not. She should be quite careful about driving and being in situations where she could come to ICE attention (border states have a tougher time than others).

And, the AOS will not be delayed, other than the difference in time from when they mailed the first one. I doubt the case will get much more scrutiny than any other AOS, and will get processed more or less as normal. They will be able to explain why they married late when they have their interview, IF the officer asks about it. Mainly what it is is a $130 (or whatever the fee is) plus the medical fee mistake.

The OP is taking it all in stride.

[bly 0]

Sorry you're having so many issues with this!

It sucks because if you'd have know you could have had a quick legal wedding a week or 2 before then had the "planned wedding".

Our minister was willing to marry us twice, once legally, and once for the family if needed. Luckily I got everything scheduled for the 85th day....

[chihopeful 0]

Thanks for the advice everyone. This forum has such a helpful crowd.

So that I am clear, on part 2 of I-485, I should indicate (a) an immigrant petition giving me an immediately available immigrant visa number has been approved...(nevermind, I answered my own question after re-reading the above post =)

Should we wait to have the medical done and submit the entire package or send the package first and wait for the RFE on the medical? Which do you think would offer the quickest route?

OP=Offending Party???

[CWR 0]

It sucks because if you'd have know you could have had a quick legal wedding a week or 2 before then had the "planned wedding".

Our minister was willing to marry us twice, once legally, and once for the family if needed. Luckily I got everything scheduled for the 85th day....

Same here.....I had everything scheduled for the 89th day, but then got scared that something might go wrong, that's why we had a quick legal ceremony right after I got over here and then the big church wedding at the end of the 90 days. Our minister performed both ceremonies, and our families still have no knowledge of the first one

Always better to be safe than sorry

[HuffyTheSlayer 22]

OP means original poster (the person who started the thread). Sorry you missed the cut off date, but they have to stick to the 90 day limit. It is the law and the conditions under which the visa was issued.

[sjoefl01 1]

I would probably take the medical exam first. You know you will have to have have one.

The 90 days passes pretty fast. If they would give you 6 months it would help with SS and other things that time out with the I 94. I really don't see who would be hurt by extending this deadline a little.

I agree with meauxna. You have an excellent attitude. I think some of the people here were a little harsh with you.

[chihopeful 0]

I don't mind the comments. It's all constructive and you learn and move on to the duty at hand. I like to hear honest opinions rather than something else.

Thanks for all the comments.

Hopefully everything will be completed by today. The big question is do I send the package now or wait until the medical is done?

Also can we apply for a SSN# at this time. From what I read it may be difficult since the K1 expired.

[meauxna 15]

I don't mind the comments. It's all constructive and you learn and move on to the duty at hand. I like to hear honest opinions rather than something else.

Thanks for all the comments.

Hopefully everything will be completed by today. The big question is do I send the package now or wait until the medical is done?

Also can we apply for a SSN# at this time. From what I read it may be difficult since the K1 expired.

I'd try to submit a correct and complete application. I'm not up on the medical rules for your situation, so you'll have to find that out and decide for yourselves. Not much benefit in sending an incomplete packet tho; it will not get her in legal status.

She really, really should've applied for an SSN earlier. She is not eligible for one now, and won't be until she has an EAD or green card. So, not just difficult, but impossible if she applies now.

[chihopeful 0]

Thanks meauxna. That answers the SSN# questions =)

So it sounds like its best to get the medical done on the I-693 and then send in the complete package. I guess its only a few more days if we can schedule something this week at one of the USCIS physician office.

[sjoefl01 1]

Again, I am impressed with your style. I probably would have found the need to respond to some of these comments with mispelled ugly words. You are my hero. Very mature!!!

Forget about social security. They are worse than USCIS about rules. When the time comes we found that if you come in about 10 minutes before the office closes they have a very miraculous way of seeing you quickly.

When we had the interview they were very concerned about the money. They wanted to see a lot of comingling of finances. Open some joint accounts and keep records of any kind of business deals. We bought a house together and brought the records. Even with that I think they would have preferred to see some credit cards and bills in Lucero's name. I guess they are used to seeing certain things, and like all of us they are creatures of habit.

[magnus0201 0]

meauxna, I didn't mean that the Visa should not have a limit, as in 90 days. I stated earlier that I thought they should let a 3 day past-date slide, assuming there was a reasonable explanation included. One person asked me "what would I make the cutoff?" What I meant was that I don't think they should have a hard and final rule provided there is a reasonable explanation as to why the wedding occurred on day 93, or day 100. Obviously the further away from 90 you get, the more difficult it is to explain, but 3 days ..... that's just cruel.

[meauxna 15]

meauxna, I didn't mean that the Visa should not have a limit, as in 90 days. I stated earlier that I thought they should let a 3 day past-date slide, assuming there was a reasonable explanation included. One person asked me "what would I make the cutoff?" What I meant was that I don't think they should have a hard and final rule provided there is a reasonable explanation as to why the wedding occurred on day 93, or day 100. Obviously the further away from 90 you get, the more difficult it is to explain, but 3 days ..... that's just cruel.

I know how it seems, but hey, there has to be a cutoff somewhere. Plus, it's easier to work with what rules there are instead of thinking of all the ways they could change CIS. Studying the history of the service, I don't think there's a huge chance of major changes..