Adjustment of Status Denied For 2 Day Error

[Harpa Timsah 13,258]

If you file I-130 alone, she can still be deported. If you follow the CONCURRENT I-130/I-485 filing instructions, and file the forms together, then she cannot be deported.

It really sounds like you are considering heading down another incorrect/mistaken path, and I urge you to pause, think, and to not send in I-130s without new I-485s.

[brian99 1]

I just talked to an immigration lawyer who wants to charge me $3,500 to help but offered this much up for free:

We need to file a I-130 (the I-129 is dead). He says it's best to do the I-130 and I-485 concurrently but we can stagger the expenses if we do them sequentially: first the I-130 and later the I-485.

But Harpa's comment makes sense to me that we really need the adjustment of status.

Harpa, thanks so much for your informed and caring advice!!!

[tru_loves_journey 117]

We wish you and your family the very best Read and take the advice here and don't waste your hard earned money on a lawyer. You're very capable of filing your I-130 / I-485 forms together just make sure you read the instructions well

[ChetT 9]

Just wow I just could not understand why you let it past 90 days.

It's totally your problem. You know the 90 days rule.

Now you have to do the hard way. The above suggestion is correct. This time takes it serious. Good luck.

[Sandra G. 5,075]

Brian any illegal alien can be deportable with a pending petition or not, but they won't deport her considering she is an immediate relative of a U.S. citizen an she can plea her case in Court and the Immigration Judge will stop the removal, blah blah blah...Immigration won't bother your wife, just tell her not to leave the Country until she gets her GC. File I-130 along with I-485, and I-130 for each child. She will be fine! Good luck.

Edited June 21, 2012 by sandranj

[ceadsearc 516]

I would not bother with a lawyer. Your case is not complicated. Yes, you can file the I-130 first but it will only lead to confusion as USCIS will think you are filing for a spouse who is abroad and will try to schedule your wife's interview in the Phillippines. In the meantime, your wife and step kids will continue to be out of status. Deportation is unlikely but they could be held if they were stopped.

File the I-130s and I-485s together. Include a new (free) application for the I-765 if your wife wishes to work. Don't bother with the I-131s. You wife and kids have too much overstay now to leave the country without a green card in hand.

[Deputy Purple 1,294]

If you need to "stagger the expenses" then maybe just file the wife's I-130/I-485" immediately as the kids are not accruing unlawful presence until 6 months past their 18th birthday. This will also get her the ability to work and help towards the expense of filing for them.

You might want to check with the local school district though and see if they require proof of legal presence or just proof of legal entry (or simply none at all). Our district requires proof of legal presence.

[JimVaPhuong 4,863]

How old are the kids? How old were they when you got married?

[Maria TH 20]

No, your wife can stay here and file for adjustment of status again. HOWEVER, you must now file a I-130 with it as well, to establish a marital relationship. The I-129F is void because you did not marry within the 90 days. But as long as they all entered with inspection (they did) you can file a CONCURRENT I-130/I-485 Adjustment of Status package for them all, and they can wait it out inside the US.

Here is the VJ guide: http://www.visajourney.com/content/i130guide2

You will also have to file this for each stepchild.

I am curious about the expenses..

Does that mean

- for his wife, he will have to file I-130 + I485 = 420 + 1,070 = $1,490

- for his step kids, another I-130 + I485 = another 420+1070 = $1,490 each (if there are 2 of them = $2,980)

Total 3 persons = $4,470 ??

Note: since OP only mention step kids, so I assume there are at least 2 of them or probably more?

Edited June 21, 2012 by Maria TH

[Anh map 2,098]

I just talked to an immigration lawyer who wants to charge me $3,500 to help but offered this much up for free:

We need to file a I-130 (the I-129 is dead). He says it's best to do the I-130 and I-485 concurrently but we can stagger the expenses if we do them sequentially: first the I-130 and later the I-485.

But Harpa's comment makes sense to me that we really need the adjustment of status.

Harpa, thanks so much for your informed and caring advice!!!

Her work authorization is invalid now too. So if working is a priority don't stagger the filings.

Follow the VJ guides and you ought to be able to get everything filed properly. Keep using the VJ members as a resource.

Harpa

[KazuriSana 324]

I am curious about the expenses..

Does that mean

- for his wife, he will have to file I-130 + I485 = 420 + 1,070 = $1,490

- for his step kids, another I-130 + I485 = another 420+1070 = $1,490 each (if there are 2 of them = $2,980)

Total 3 persons = $4,470 ??

Note: since OP only mention step kids, so I assume there are at least 2 of them or probably more?

Those are the correct fees.

PLUS LAWYER FEES... If you have a couple thousand dollars to throw away?

BUT... WHY, WHY, WHY (WHY!?)waste even a single red cent on a lawyer? This is not a complicated case at all, and the OP seems to read, understand, and write the English language pretty well! These USCIS Forms are pretty straight forward and easy to understand, and I have seen a lot of people coming here to ask for help with particular parts of the forms where they are a bit stuck.

Again, this is not a case that requires the hiring of a lawyer.

About missing the 90-day period, that is the law, and it cannot be overturned by 'higher ups' or 'human reasoning.' The 'higher ups' would probably have fired any 'lower downs' for not using 'human reasoning' and denying the AOS.

Follow Harpa's counsel to the letter, and you should be fine.

[NYYankees355 11]

My new wife and her kids came here on a K-1 Fiance visa.

We were supposed to marry within 90 days but in fact married 92 days after she arrived here.

USCIS has just denied her 'adjustment of status' application and is saying my wife and her kids have to return to the Philippines and start a new visa process all over again. It's taken us 2 years to reach this point and we don't want to spend the time and money starting over. The idea of sending my legal wife and stepchildren back to the Philippines is absurd.

Anyone have any ideas?

And for those at earlier stages in the process, you really need to respect the 90 day window!

Wow really sad, the fact they try to deport your family who came the legal way, all the expenses, and two days late? Man that sucks, but if you come to the states illegally, (which is a crime), but are within a certain age they just brush it under the rug...immigration really has gotten out of hand.

[Harpa Timsah 13,258]

I am curious about the expenses..

Does that mean

- for his wife, he will have to file I-130 + I485 = 420 + 1,070 = $1,490

- for his step kids, another I-130 + I485 = another 420+1070 = $1,490 each (if there are 2 of them = $2,980)

Total 3 persons = $4,470 ??

Note: since OP only mention step kids, so I assume there are at least 2 of them or probably more?

I think kids adjusting with parent get a discount on the I-485. It's in the instructions.

OP - you should answer Jim's question about the age of the kids. If you married after they were 18 then there will be an issue.

[liraC 2]

My friend has a similar case,she was denied on her AOS,she did biometrics 3 times. The difference is she got married on her 90 days to be exact, filed the AOS after a year and I think that was one the reason why she was denied. She's been here in the USA for 4 years with no legal papers or whatsoever, as a friend I tried to help her told her about this website but she doesn't seem interested,they tried to fix it now by the help of one of our friend's husband.

Edited June 22, 2012 by liraC

[skul teacher 3]

Since they will need to file the I-130, I-485, G-325, I-765..so does that mean she will need a new medical (I-693)?

Will the medical also be needed for the children?