Did not send AOS papers since 2011.. can i still redo it? please need help!

[kaibigan 8]

A friend of mine is asking for help about her situation. They got married here in the US last Dec. 2011 (K1-visa).

They filed Adjustment of status I-485 and sent their papers to the uscis. The uscis sent it back to them because they didn't include

the fee which is i think about 1070 ( 985 + 85 biometric fee). Her husband told her that it is ok to live here and she dont need to worry about the papers because she is already married to a citizen which i know is not true. so i told them that she needs to do the right thing because i know she's in a big trouble.

To make the story short they want to know if they can still go back and re-send their I-485 form and pay the 1070.

I am not sure what to tell them so i want to ask for help from fellow VJ members to inlighten me with their situation so i can tell them

what is the best thing to do now. Do they need a lawyer for this? or do they need to call the uscis? will she get deported?

i dunno.. I hope somebody here can help to explain what they need to do.Thank you in advance and God bless!

[kaibigan 8]

Posting this for a friend. Golly! i dunno how to edit the head topic and mispelled words (

[skiptex 225]

Wow.. interesting question..

Why are they worried now..

[NigeriaorBust 4,087]

There is a chance that because a year has passed with no activity on the file that they will have to file the I130 along with the AOS paperwork. It is probably best just to assume that it is required and file I130 + I 485 Do not leave the country until green card is in hand.

[Harpa Timsah 13,258]

They can file AOS now, and they should. His wife is currently living illegally in the US and is subject to deportation. She can't get a job, drive legally, or travel internationally.

Her medical has expired and she needs a new one. Besides that, it will be a (mostly) normal AOS. She cannot use the travel document, Advance Parole, because of her overstay, though. She will have to wait to travel until she gets her Greencard.

He should protect his wife and her status by filing AOS ASAP.

[kaibigan 8]

To skiptex- they are worried because they found out that she may get deported anytime

thinking for more than a year that their marriage is ehough for her to stay legal which is not true.

Nigeriaorbust - Thank you for your reply - i will gather information so they can start immediately.

Harpa timsah- Thank you for your reply! Highly appreciated ya'll!

[Harpa Timsah 13,258]

I thought in the Philippines that everyone had to do an emigration interview (CFO Seminar) and there they were taught about the steps that had to be taken after marriage to gain legal status in the US.

[kaibigan 8]

There is a chance that because a year has passed with no activity on the file that they will have to file the I130 along with the AOS paperwork. It is probably best just to assume that it is required and file I130 + I 485 Do not leave the country until green card is in hand.

I-130 Petition for Alien Relative???

[kaibigan 8]

I thought in the Philippines that everyone had to do an emigration interview (CFO Seminar) and there they were taught about the steps that had to be taken after marriage to gain legal status in the US.

I know what you are talking about. yes Sir! they require everybody to attend the seminar (cfo)

I just recently met this couple at church and they are now asking for my help. Authomatically when i showed her

my greencard they panicked. but i don't know how to help them with their status that is why i just posted their problem here

so i can get some answer or solution that i can share to them.

and thank you for your reply

[I AM NOT THAT GUY 5,715]

I thought in the Philippines that everyone had to do an emigration interview (CFO Seminar) and there they were taught about the steps that had to be taken after marriage to gain legal status in the US.

No, the CFO seminar is a last attempt to convince Filipinos not to leave the safety of the homeland. Americans are portrayed as lecherous old men, completely unfaithful, that will treat their new wives as domestic help while they hold wild sex orgies in the same house, and if she complains, she will be beaten, or worse.

[Peter_Pan 661]

She can still file, and she should, just make sure she gets a new medical. She should be ok.

[VanessaTony 3,567]

A friend of mine is asking for help about her situation. They got married here in the US last Dec. 2011 (K1-visa).

They filed Adjustment of status I-485 and sent their papers to the uscis. The uscis sent it back to them because they didn't include

the fee which is i think about 1070 ( 985 + 85 biometric fee). Her husband told her that it is ok to live here and she dont need to worry about the papers because she is already married to a citizen which i know is not true. so i told them that she needs to do the right thing because i know she's in a big trouble.

To make the story short they want to know if they can still go back and re-send their I-485 form and pay the 1070.

I am not sure what to tell them so i want to ask for help from fellow VJ members to inlighten me with their situation so i can tell them

what is the best thing to do now. Do they need a lawyer for this? or do they need to call the uscis? will she get deported?

i dunno.. I hope somebody here can help to explain what they need to do.Thank you in advance and God bless!

They can file I-485, no problem, no issue. They will need a new medical of course. They will also need evidence of co-mingling.

If they had been married more than 2 years they should have also filed the I-130 which would have given her the 10 year card. As they haven't been married more than 2 years, there's no need...

[Harpa Timsah 13,258]

They can still AOS based on their approved I-129F petition and subsequent marriage the petitioner, choice C on the I-485. No I-130 needed.

[VanessaTony 3,567]

There is a chance that because a year has passed with no activity on the file that they will have to file the I130 along with the AOS paperwork. It is probably best just to assume that it is required and file I130 + I 485 Do not leave the country until green card is in hand.

I'm not sure where you ever heard this... I have never heard of such a thing as "no activity on the file".

They have an approved I-129F, they married during the 90 day period. They have been married less than 2 years. They can simply file the i-485 and I-765 and they'll be fine. Even married more than 2 years they'd be fine, they just only get the 2 year card instead of 10.

[BirdyGirl85 23]

I wonder why they thought it was important to file AOS the first time around, but then when it got sent back because they didn't pay the fees, then all of a sudden, he thinks it doesn't need to be sent anymore? If he thought AOS didn't need to be filed, why did he even do it the first time?