HELP...I MAY HAVE REALLY DONE IT THIS TIME!

[nsxguy7 0]

I really have a BIG problem and I know someone here can probably tell me what to do...My fiancee came here on a K1 visa in November 2010..yes, 2010. We lost track of time and didn't get married until February 15, 2011. (FIRST mistake, outside the 90 day window). To make a long story short, we never filed for AOS because we were not getting along and both of us didn't think we were going to make it. So yes, she is illegal right now. Now that our rocky times are over, we don't know what to do...file and send a letter explaining everything? Please help!!

[Harpa Timsah 13,258]

So are you staying married?

If so, you will need to follow this guide: http://www.visajourney.com/content/i130guide2

You will need to need to file a I-130 with your AOS package, because you did not marry within the 90 days. SHe should not leave the US until she has her GC in hand.

Edited August 3, 2012 by Harpa Timsah

[Anh map 2,098]

Follow the link (and advice) given by Harpa.

[nsxguy7 0]

Thanks for the advice...yes, I plan to stay married. Should I send a letter of explanation?

[Penguin_ie 5,997]

*** Moving from K1 to AOS from Family Visa ****

[Harpa Timsah 13,258]

Thanks for the advice...yes, I plan to stay married. Should I send a letter of explanation?

No, it's not needed and doesn't make a difference. You are not asking for clemency. You are no longer eligible to adjust based on the K-1, but you can adjust the way linked above.

[Mogambi 96]

You just lost track of time? !!!!!!!!!!!!!!!!

[bigdog 377]

I am glad things are better now, good luck.

[nsxguy7 0]

Thanks for all the advice. I am doing the I-485 right now and I have one question...since we didn't file on time, which box should I check in part 2? Since we married one week after her I-94 expired, I cannot really check box "c"...anyone have any ideas? Thanks!

[Harpa Timsah 13,258]

Box A.

[nsxguy7 0]

thank you. But what would I attach that will give me "an immediately available visa number if approved?

[LindaC1990 23]

thank you. But what would I attach that will give me "an immediately available visa number if approved?

That's why you file with I-130. An approved I-130 will give you an visa number.

[nsxguy7 0]

Thanks!

[nsxguy7 0]

Okay...so I have everything ready to go...I-130, I-864, medical, etc...I am really having a hard time figuring out the fees and how much to send. Anyone know for sure? Many thanks....

[KayDeeCee 4,896]

Okay...so I have everything ready to go...I-130, I-864, medical, etc...I am really having a hard time figuring out the fees and how much to send. Anyone know for sure? Many thanks....

What are you having a hard time with? Fees are listed on the form instructions. $420 for the I-130 and $1070 for the I-485.