late on adjustment of status HELP

[danraquel 0]

Ok here we go. we got married 11-28-2009. We have not changed or done anything. I know we are very very late so what do we do now???? Do we do it all like its on time? Or is there more paper work to do now. Thanks so much for any help.

[Penguin_ie 5,993]

***** moved from General Immigration Discussion to Adjustment of Status (Green Card) from Family Based Visas as the post pertains to how to adjust status after a K1 entry *****

[danraquel 0]

***** moved from General Immigration Discussion to Adjustment of Status (Green Card) from Family Based Visas as the post pertains to how to adjust status after a K1 entry *****

ok thanks

[danraquel 0]

Ok here we go. we got married 11-28-2009. We have not changed or done anything. I know we are very very late so what do we do now???? Do we do it all like its on time? Or is there more paper work to do now. Thanks so much for any help

[marriedtomrg 141]

If you wait till 2 years, you'd need to add an I-130 to your application package.

Right now, file like you were doing it on time.

Ok here we go. we got married 11-28-2009. We have not changed or done anything. I know we are very very late so what do we do now???? Do we do it all like its on time? Or is there more paper work to do now. Thanks so much for any help

[patient2010 93]

you should file like it is on time....good luck

[SunDrop 59]

Go ahead and file as though you just got married. Nothing more needed. She'll get a 2 year conditional green card.

Word of caution: You MUST file to remove the conditions before her green card expires. You can do this 90 days before the expiration date, no earlier.

[Krikit 1,164]

Merging duplicate topics and closing triplicate.

[Beth & Chard 8]

Ok here we go. we got married 11-28-2009. We have not changed or done anything. I know we are very very late so what do we do now???? Do we do it all like its on time? Or is there more paper work to do now. Thanks so much for any help.

I am reading this thread and I am kind of confused.

the person entered the USA on a K1 Visa on Nov 10, 2009

K1 90 days....

So the K1 Visa expired on Feb 10, 2010

It is now Dec 15, 2010

so this person has over stayed the K1 visa by 10 months.

And that is no problem, just do the adjustment of status like normal.

I mean immigration, or the government doesn't care?

Man, I was thinking I needed to jump right on that AOS.

I am surprised at this info..

[marriedtomrg 141]

Ideally, as a K1 visa holder, you file for AOS as soon as you are married. But there are no rules that say you are not allowed to do it later. In fact, you can file for it even after the I-94 expires. The obvious problem would be that the non-USC visa holder has no status if s/he files for AOS after the I-94 expires...and they would not be able to travel outside the US or work without an AP or EAD, respectively.

There are a number of VJ members, who, because of problems or delays, have opted (or were forced) to file for AOS after their I-94 expires...it happens, that's life...just be glad the rules allow for this to happen so you don't get kicked to the curb after waiting so long for your NOA2

I am reading this thread and I am kind of confused.

the person entered the USA on a K1 Visa on Nov 10, 2009

K1 90 days....

So the K1 Visa expired on Feb 10, 2010

It is now Dec 15, 2010

so this person has over stayed the K1 visa by 10 months.

And that is no problem, just do the adjustment of status like normal.

I mean immigration, or the government doesn't care?

Man, I was thinking I needed to jump right on that AOS.

I am surprised at this info..

[Deputy Purple 1,294]

I am reading this thread and I am kind of confused.

the person entered the USA on a K1 Visa on Nov 10, 2009

K1 90 days....

So the K1 Visa expired on Feb 10, 2010

It is now Dec 15, 2010

so this person has over stayed the K1 visa by 10 months.

K1 Visa is a single entry Visa, that means it becomes useless/invalid upon activation (which would be at Point of Entry into the US).

The Visa has a expiration date on which sets the deadline for it's use to enter the US. This is generally 6 months (or 6 months from the date of the Medical Exam).

The I-94 which is issued upon entry would have had an expiration date of Feb 8th (I believe that is 90 days as Dec & Jan have 31 days).

But anyways....

I guess your real question is, "Why should I be in a hurry to apply for Adjustment of Status?".

While you don't need to worry about actually being deported after your authorized stay has ended & before you file for AOS, if picked-up by ICE you would still have to deal with:

1) Being detained while they determine if you really do qualify for AOS in country.

2) Posting Bail so you don't have to sit in jail until your appointment to see and Immigration Judge.

3) Hiring a lawyer to stand with you in front of said Immigration Judge.

4) Hastily filing the Application for AOS to officially quash the deportation order.

5) The headaches associated with needlessly adding items 1 - 4 to your life.

Not to mention there are benefits to getting your LPR Status:

1) Some states require it for issuance of State ID/Drivers License.

2) Most institutions of higher learning require proof of legal status for enrollment.

3) Legal employment requires authorization to work in the US.

4) The ability to travel abroad without getting stuck on the other side of the US border upon your return.

5) Get the USCIS clocks ticking towards the rest of your Visa Journey:

. . a) Removal of Conditions - 2 years from issuance of Conditional Greencard.

. . b) Naturalization - 3 years from issuance of Conditional Greencard.

Now what do your really gain by waiting to file AOS?

1) Potential Fee Increases (it happens).

2) After your K1 Medical expires you will need another full medical for your AOS Application which costs more than a mere "Transcription" by a Civil Surgeon.

3) If your application will be adjudicated after your 2nd wedding anniversary then you'll most likely need to also submit an I-130 which is an additional fee and must be adjudicated prior to the AOS Application.

So where is the sense in waiting any longer than necessary?

[SunDrop 59]

Go ahead and file as though you just got married. Nothing more needed. She'll get a 2 year conditional green card.

Word of caution: You MUST file to remove the conditions before her green card expires. You can do this 90 days before the expiration date, no earlier.

Correction to nothing more is needed, as reminded by Bob.

She will need a new full medical. Not just the vaccination transcription as discussed everywhere here, but the full whack. And if she doesn't have her immunization history with her, another set of those. And I believe a skin test for TB.

[Beth & Chard 8]

K1 Visa is a single entry Visa, that means it becomes useless/invalid upon activation (which would be at Point of Entry into the US).

The Visa has a expiration date on which sets the deadline for it's use to enter the US. This is generally 6 months (or 6 months from the date of the Medical Exam).

The I-94 which is issued upon entry would have had an expiration date of Feb 8th (I believe that is 90 days as Dec & Jan have 31 days).

But anyways....

I guess your real question is, "Why should I be in a hurry to apply for Adjustment of Status?".

While you don't need to worry about actually being deported after your authorized stay has ended & before you file for AOS, if picked-up by ICE you would still have to deal with:

1) Being detained while they determine if you really do qualify for AOS in country.

2) Posting Bail so you don't have to sit in jail until your appointment to see and Immigration Judge.

3) Hiring a lawyer to stand with you in front of said Immigration Judge.

4) Hastily filing the Application for AOS to officially quash the deportation order.

5) The headaches associated with needlessly adding items 1 - 4 to your life.

Not to mention there are benefits to getting your LPR Status:

1) Some states require it for issuance of State ID/Drivers License.

2) Most institutions of higher learning require proof of legal status for enrollment.

3) Legal employment requires authorization to work in the US.

4) The ability to travel abroad without getting stuck on the other side of the US border upon your return.

5) Get the USCIS clocks ticking towards the rest of your Visa Journey:

. . a) Removal of Conditions - 2 years from issuance of Conditional Greencard.

. . b) Naturalization - 3 years from issuance of Conditional Greencard.

Now what do your really gain by waiting to file AOS?

1) Potential Fee Increases (it happens).

2) After your K1 Medical expires you will need another full medical for your AOS Application which costs more than a mere "Transcription" by a Civil Surgeon.

3) If your application will be adjudicated after your 2nd wedding anniversary then you'll most likely need to also submit an I-130 which is an additional fee and must be adjudicated prior to the AOS Application.

So where is the sense in waiting any longer than necessary?

Thank you Bob 4 Anna, clouds of mystery drift away.

[danraquel 0]

Thanks so much for all the info you all have been a big help. So now what is all the paper work we need to do so we dont miss anything. I want to make sure we do it all. Thanks agean.

Edited December 16, 2010 by danraquel

[shawnalovegarry 0]

How did ur case turn out how was the interview after filing so late