AOS concern pls help

[meljesca 0]

Hello guys,

I don't know how to start this.. I just wanna ask if anyone here had their adjustment of status after 2 years of marriage or more?? Can you please tell me what happened on your application? We wasn't able to file right away due to financial reason and job loss, can you please share your experience if anyone got situation as we do..thank you so much i really appreaciate it..

[Myopia 93]

I think you are probably posting in the wrong forum as you came on a K1 visa. The forum above this one is for those who are Adjusting from family members. You may probably get more precise answers on there. (The mods will probably move this anyway).

You shouldn't have a problem adjusting.

I think you are probably posting in the wrong forum as you came on a K1 visa. The forum above this one is for those who are Adjusting from family members. You may probably get more precise answers on there. (The mods will probably move this anyway).

You shouldn't have a problem adjusting.

[Maganda 1]

Check out this link..http://www.visajourney.com/forums/topic/291117-aos-after-2-years/

Edited January 22, 2011 by Maganda

[Brad and Vika 129]

MOving to AOS K-1

[marriedtomrg 141]

You'd have to file an I-130 along with your I-485 and I-765, since you had to wait so long to file for AOS; don't worry, there is no deadline for AOS...however you will need to file soon so you can get yourself out of limbo, so to speak. No need to file for I-131 (advance parole)...it is unlikely you will be approved for one.

Hello guys,

I don't know how to start this.. I just wanna ask if anyone here had their adjustment of status after 2 years of marriage or more?? Can you please tell me what happened on your application? We wasn't able to file right away due to financial reason and job loss, can you please share your experience if anyone got situation as we do..thank you so much i really appreaciate it..

[JimVaPhuong 4,863]

You'd have to file an I-130 along with your I-485 and I-765, since you had to wait so long to file for AOS; don't worry, there is no deadline for AOS...however you will need to file soon so you can get yourself out of limbo, so to speak. No need to file for I-131 (advance parole)...it is unlikely you will be approved for one.

Agreed.

An I-130 may not be absolutely required, but people have gotten mixed results filing without one. Technically, someone adjusting status on the basis of a K1 can only adjust to conditional permanent resident, but someone married to a US citizen for more than two years is supposed to adjust to unconditional permanent resident. If you submit an AOS application based on the K1 then it's possible they might deny it, and instruct you to refile with an I-130, which means you'd have thrown away $1070. It costs more to file with the I-130, but it avoids the risk of it being denied for the reasons stated above.

Just be sure to fill out the I-485 based on the correct eligibility category. If you decide not to include the I-130 then fill out the I-485 based on the K1 visa - box 'c' in part 2. If you decide to include an I-130 then fill out the I-485 based on an immigrant visa petition - box 'a' in part 2.

An I-131 might actually be approved, but there's no point in sending it in. You could not use it to travel. You've been in the US without lawful presence for more than a year. Even if you got an advance parole certificate, you'd trigger a 10 year ban if you left the US, and the advance parole certificate would not allow you to reenter the US.