Help!!!! Failed to Adjust Status after they got married!!!

[Jaz&Ney 0]

Help!

I have a friend that came here in a K1 Visa, got married within 90 days, but thats it! She didn’t follow up with adjustment of status.

She has been here since 2009, about five years without submitting her adjustment. What should she do?? Should she submit adjustment of status and removal of condition at the same time??? her husband's reason was that they do not have money yet to pay for the "fees". Until now, my friend does not have a Social Security and because of that she cannot apply for a job. Your answers are very appreciated!

Thank you very much!

[khenzee 5]

I believe, and someone will correct me if I'm wrong, that now your friend will need her husband to file an I-130 petition for alien relative at the same time as she files her I-485 for adjustment of status as opposed to just the I485 if she had done it 5 years ago. The filing fees for both those forms would be just under $1500.

[kzielu 1,151]

Help!

I have a friend that came here in a K1 Visa, got married within 90 days, but thats it! She didn’t follow up with adjustment of status.

She has been here since 2009, about five years without submitting her adjustment. What should she do?? Should she submit adjustment of status and removal of condition at the same time??? her husband's reason was that they do not have money yet to pay for the "fees". Until now, my friend does not have a Social Security and because of that she cannot apply for a job. Your answers are very appreciated!

Thank you very much!

Are they still married, ? If yes, they do a concurrent I-130 + I-485 filing (+ all supporting docs, I693 and I864). There will be no removal of conditions needed since they're married for more than 2 years.

[Umka36 781]

She will also need new medical will completed by a civil surgeon. FYI, you friend couldn't just work with SSN. She also needs the proper work authorization document (i.e. EAD or GC) along with the SSN.

[belinda63 3,047]

She and he will need to start over with the concurrent filing guide at the top. All of her K-1 paperwork is expired so all will have to be repeated.

Just a warning to your friend, they have been very lucky. From the time her I-94 expired until the time she receives the NOA-1 for the AOS she is out of status and subject to detention. She has accumulated a lot of overstay time that will be forgiven when the green card is approved. I suggest they file as soon as possible to get her some legal status. She can file for the employment authorization at the same time as the I-485 at no additional cost.

[Jaz&Ney 0]

Yes, they are still married.

Thank you very much!!! khenzee, kzielu, umka36, and Belinda63

[OregonLive 1]

Actually, your friend does not need to start all over again with concurrent I-130 and I-485 since they fulfilled the requirement of marrying within the 90 day window. She only needs to submit I-485 to adjust her status to a permanent resident. For K1, once the marriage within 90 days is observed, there is no deadline on when to apply for adjustment of status. Also, if approved the green card will for 10 years instead of the conditional 2 years issued for those marked less than 2 years.

[KayDeeCee 4,896]

Yes, they are still married.

Thank you very much!!! khenzee, kzielu, umka36, and Belinda63

Some of the info given so far in this thread is not correct. The K-1 paperwork does not expire, as far as filing for AOS goes. If you marry within 90 days of entry with a K-1 visa, then you are eligible to file for AOS. There is no deadline. There is no starting over.

Follow the same guide as any other K-1 adjustment applicant. http://www.visajourney.com/content/k1k3aos

No I-130 needed, and no ROC will be needed since they have been married over 2 years and will receive a 10 year green card. Just for the record, even if they would receive a 2 year conditional card, you would not file for ROC at the same time. You file for ROC within the 90 days before your 2 year card expires.

A K-1 used to be subject to receiving a 2 year conditional card, even if married over 2 years. That is why the I-130 would be filed along with the AOS forms, so that you base the AOS off of the I-130 approval instead of the I-129F approval. HOWEVER, there was a BIA ruling back in 2011 that stated a K-1 is not subject to get a conditional card if they have been married over 2 years. You, and others can look up Matter of Sesay.

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more than 2 years old at the time the adjustment application is adjudicated is not subject to the provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a (2006).

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

[belinda63 3,047]

Thank you KayDeeCee, my information was out dated. I knew we had this debate previously, guess it was longer ago than I thought.