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Darrien&Lei

K1 Visa- Married but have not filed I 485!!

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Filed: AOS (pnd) Country: Philippines
Timeline

Some special condition aply, and you can file for biometrics waiver on any form whether or not it is allowed. i am not saying you will be granted fee waiver. It is a means to ask, be denied, and re-file. think of it as a way to keep in the system while "working" the system.

fee waiver guidance USCIS

K-1 Visa Timeline:

02/11/2011 - Engaged at her house by her Godmother.

02/18/2011 - Engagement party with relatives - propose in Visayan.

02/24/2011 - K-1 packet sent.

09/18/2011 - POE, Viva Las Vegas, Baby !!!!! Home to Phoenix.

12/10/2011 - Official Wedding

07/05/2012 - Princess Rose born.

07/07/2012 - AP/EAD received.

07/17/2012 - AOS passed. (Birthday for Mama Rayos)

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Filed: Citizen (apr) Country: Mexico
Timeline

Some special condition aply, and you can file for biometrics waiver on any form whether or not it is allowed. i am not saying you will be granted fee waiver. It is a means to ask, be denied, and re-file. think of it as a way to keep in the system while "working" the system.

fee waiver guidance USCIS

Yes, there are fee waivers listed on the USCIS site. It is not going to be approved though, so why bother with it? You cannot ask for a fee waiver to adjust status from a K-1. Why would someone want to file a waiver to say they cannot afford the $85 biometric fee portion of the total amount they have to pay? I do not follow the meaning and logic of the statement to 'keep in the system'.

Sounds a lot easier, and more practical, to just wait until you save the $1070 to file. Then there will also be no extra questioning as to whether the intending immigrant will become a public charge, since you never tried to file a fee waiver stating you have no money to pay.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Citizen (apr) Country: Australia
Timeline

Some special condition aply, and you can file for biometrics waiver on any form whether or not it is allowed. i am not saying you will be granted fee waiver. It is a means to ask, be denied, and re-file. think of it as a way to keep in the system while "working" the system.

fee waiver guidance USCIS

It's a good way to tell USCIS that you can't afford to sponsor your immigrant spouse and make them focus on your financial situation. No fee waiver is available to someone in the OP's position (AOSing from a K1). It is a waste of time, and draws undue attention to your financial state.

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  • 3 months later...
Filed: K-1 Visa Country: Romania
Timeline

so just be clear...

My wife entered the USA on June 24th on a K1 visa, her K1 visa expires Nov. 23rd. We got married July 8th, her I94 expires Sept. 11 (90 days from entry).

Now that we are married we do not have to file the AOS by Sept. 11th or Nov. 23rd, correct?

We are aiming to have it done in the next few weeks, but was just curios. Thank you!

embrace the journey.

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  • 2 years later...
Filed: AOS (pnd) Country: Philippines
Timeline

One thing to correct here: Someone made mention of a certified copy of your marriage certificate. When you file I-485, nothing needs to be certified. Ordinary photocopies are always sufficient.

USCIS will accept the I-485 for fling at any time, but 2 or more years aftter marriage also requires the I-130 (hint: $$$). So not a good idea to wait that long. Also your spouse will be illegally present in this country between day 90 and date of I-485 filing. So if something comes up like legal trouble (even for littering, since you have to show ID to the cop), spouse is now vulnerable to being taken into custody and deported. Probably won't happen, but why invite trouble?

Spouse can get SS # upon arrival (give them 2 weeks for the paper to settle) until there are 18 days left on the I-194. In other words, go to SS office sometime between day 14 and day 71. You can't work with this SS # until you get your EAD because the SS card you will get will have that fact stamped right on the face of it.

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Filed: K-1 Visa Country: Philippines
Timeline

My wife and I got married in April of 2013 and we filed in Mar of 2014. Her and her daughter both got there 2 year green cards in July. I, would agree the sooner you file the better off you will be. We did the same thing, we waited for the tax return. This coming year we will file for the other 3 k2 to get there green cards.

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Filed: Citizen (apr) Country: Ireland
Timeline

**** Zombie thread closed. Thank you for trying to help, but please pay attention to the date of the Op and the last reply- in this case, over two years ago, the OP has received their greencard over a year ago and has not been on VJ since early this year. *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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