Busted the 1 year time limit for AOS and Alien Reg

[tonyr 0]

I have gone past the 1 year point from paying for the AOS and Alien registration for my wife. What do I need to do now? I sent an email to the NVC last week and have not received a response from them. Also since we already submitted most of the required items with the K-3 visa what do we need to send with the AOS and adjustment of status packages. I have tried to call the NVC but have not been able to get through as the phones are always bussy. Any information would be greatly appreciated.

[marriedtomrg 141]

What do you mean...the one year point?

Are you adjusting status from K3 visa? Not sure exactly what you are trying to do...

I have gone past the 1 year point from paying for the AOS and Alien registration for my wife. What do I need to do now? I sent an email to the NVC last week and have not received a response from them. Also since we already submitted most of the required items with the K-3 visa what do we need to send with the AOS and adjustment of status packages. I have tried to call the NVC but have not been able to get through as the phones are always bussy. Any information would be greatly appreciated.

[Inky 1,111]

If you are past 1 year from when the entry was you will need a new FULL medical from a civil surgeon in your state to send in with the AOS.

[JimVaPhuong 4,863]

By "AOS" I think he is referring to Affidavit Of Support, and the 1 year limit he's referring to is the time you have to respond to the fee bill you receive from NVC.

If you don't respond to the fee bill within 1 year then the petition is considered abandoned.

[tonyr 0]

Yes, adjusting status from K-3 visa. I paid the $400 for adjustment of status and $70 for Affidavit of Support last September. With medical problems, birth of our child and having to work, lost track of time and went past the 1 year timeframe to send in the paperwork. I went to the receipt page to go over the instructions and came up with an error msg stating that the case could not be processesed farther at this time. I'm sure that I will probably need to pay the fees again but not sure how I get everything started back up. I guess I need to camp out on the phone till I get through to the NVC. Any ideas?

[marriedtomrg 141]

Ok...you are not adjusting status then...but applying for an IR1/CR1 visa (K3 visa applicants do not pay fees at NVC...they follow a completely different process).

Because you didn't pursue the rest of the process after paying for the fees, you have to start your I-130 petition all over again...the one that was approved and at NVC waiting for your action has already lapsed.

Yes, adjusting status from K-3 visa. I paid the $400 for adjustment of status and $70 for Affidavit of Support last September. With medical problems, birth of our child and having to work, lost track of time and went past the 1 year timeframe to send in the paperwork. I went to the receipt page to go over the instructions and came up with an error msg stating that the case could not be processesed farther at this time. I'm sure that I will probably need to pay the fees again but not sure how I get everything started back up. I guess I need to camp out on the phone till I get through to the NVC. Any ideas?

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "IR-1/CR-1 Process & Procedures" as this is not relating to Adjustment of Status but the Cr-1 process **

**Edit - OP, are you in the US already? Are you actually applying for Adjustment of Status? that is $1070 not $400 hence me assuming you were just confused. if it turns out you are in the US and need to apply for Adjustment of status from a K3, I will move your topic back.

Edited December 9, 2010 by Vanessa&Tony

[pushbrk 13,268]

Yes, adjusting status from K-3 visa. I paid the $400 for adjustment of status and $70 for Affidavit of Support last September. With medical problems, birth of our child and having to work, lost track of time and went past the 1 year timeframe to send in the paperwork. I went to the receipt page to go over the instructions and came up with an error msg stating that the case could not be processesed farther at this time. I'm sure that I will probably need to pay the fees again but not sure how I get everything started back up. I guess I need to camp out on the phone till I get through to the NVC. Any ideas?

If your wife entered the USA already using a K3 visa, you can forget about NVC. Just file the I-485 to adjust her status to permanent resident. Even if you were successful with NVC it would mean returning to Manila for a visa interview. Adjusting status will mean the 1 year NVC rule will not apply. Follow the adjustment of status guide.

[Brandi n Michael 8]

I understand what you are going through With the K3 you still had the option of paying the IR1 fees after receiving the K3 visa to adjust. You don't need to worry if you passed up the year time frame. The k3 is good for 2 years but now you have to pay the regular fees for AoS and have a new full medical done with a civil surgeon. There are no immigration repercussions. If you paid the fees earlier then yes you have voided them, they will not refund them. You will have to go through the normal AoS process

The K3 has the option to adjust at the lower fee rate for one year to date from the original notice in the original country of origin (travel expenses), if I129 and I130 were filed properly.

Brandi

Edited December 10, 2010 by Brandi n Michael

[Krikit 1,165]

Moving back to the AOS forum. Sorry for the move error, Tony.