Re-applying for AOS after overstay on K1 - help needed

[gbrandyb 0]

Hi everyone, here's my situation:

My wife came to the US on a K1 visa. Unfortunately, we married in 92 days instead of the mandated 90. I filed for AOS about a month after we married. We received the NOA-1, temporary social security, performed biometrics, etc etc. Then literally on the 1 year anniversary of our marriage (great timing USCIS) we received a rejection notice stating that the AOS was denied because we were out of compliance with the 90 days and didn't file an i-130 with the application.

So now, I'm looking to file again, but this time with an AOS and I-130 form. But I have a few questions:

1. For the AOS, what should the immigrant petition be based on? Is it still K1 as that's how she legally entered the country? Or is this a special situation that we must describe in writing?

2. Do we need to perform the biometrics again? She had them done once as part of the first AOS application.

3. It's been over a year since she entered the country so I assume she would need to have an medical exam performed again, or can we still use the DS2035 from the K1 Visa?

Any help is appreciated,

Thx

[ppihtr123 68]

1. It is an AOS based on marriage to USC. Forget about the K1 part. She has officially overstayed but that is forgiven for spouses.

2. Yes

3. Yes new medical completed here in US. Find one off this list: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

Follow this guide for the AOS this time:

http://www.visajourney.com/content/i130guide2

[Harpa Timsah 13,258]

Yep to the above.

The AOS will be based on the I-130 that you file with it now. That will establish a spousal relationship between you two.

Her method for legal entry to the US is still K-1, but everything else K-1 died when you didn't marry within the 90 days. Study the guide linked above, well.