K-1 : I-485 : I-130 : Married 2 years : Have child

[DingFries 0]

My immigrant wife will soon have our child. By the time I file the I-485 and I-130 we will have been married over 2 years. We do not particularly care about the green card except how it's lack impedes international travel.

My question: Given the statements above, is there a legitimate way to avoid the inane fees associated with the filling of the I-485/130? I was thinking the American child could have some type of impact on the immigrant mother. I seriously doubt they would, under any circumstance, deport the child's mother. But I have no idea and look forward to the advice from the wizards of this forum.

DM

[Lainie B 465]

You don't need to file the I-130 as she arrived on a K-1. Other than that, no there is no waiver on the fees. She will need to get a new medical since the one she had for the K-1 has expired.

[belinda63 3,038]

Not caring about the green card implies you don't care about your wife. She is out of status and subject to detention and deportation at any time. She will also, as you are aware, have a 10 year ban from entering the US if she ever leaves. In addition to this she cannot legally work or conduct certain activities that most of us take for granted. Having a USC spouse or child does not convey any immigration rights or benefits to your wife. Repeat: She is subject to detention and deportation at any time.

Aside from that what would happen if something happened to you? How would she take care of herself and your child?

[aleful 1,905]

hi

you don't need the i130, if she came on a K1, you send the adjustment of status without the i130

no exception, having a child doesn't change anything, those are the fees.

[Ian H. 207]

Hi,

Your timeline says you have been married since January 2014, yet you say that by the time you file AOS you will have more than 2 years. That said, when do you plan on doing AOS?

While the important thing is that you marry within 90 days of POE, you shouldn't take that long to do AOS because your wife is accumulating unlawful presence unnecessarily. Yes it is forgiven with AOS, but like mentioned before, there is always a risk, however small. Plus that she can't work, travel, qualify for tax credits, health insurance and other things in most cases.

There is no avoidance of these fees and they don't make exceptions to them for having a child. As a matter of fact by waiting to do AOS, you added another member to your household which means that you need to make more income than you would have before.

When you decided to sponsor your wife for a K1 visa, I'm sure that you were aware that this a lengthy and expensive process. It is understandable that you are trying to find a way to save money so I am not judging you, but I should make you aware that by waiting, you have made the process more expensive for yourself.

Like I said, by having a child not only do you need to make more, but you now have the expenses for a child to worry about on top of the AOS fee, and your wife will need a new medical since the one she had is expired.

Please try and submit the AOS as soon as you guys can. You don't have to pay or submit an I-130 because your wife entered with a K1. The fee for the AOS is $1070, plus the cost of a new medical (which can vary), the rest is obtaining the other docs you need for the package which can vary. Good luck.

[DingFries 0]

Just in case any poor souls stumble across this wretched thread:

If married two years or longer, file the I-130 with the I-485 so your spouse can get the 10yr GC. This will save you money.

From another site I learned that a child born to an immigrant does NOT confer special rights to the immigrant mother.

The rest of this post is opinion and only meant for the ... people who were unable to reply to the question properly.

---

The proper answer would have been a simple 'No'. Your opinions were not requested; your thoughts of my love life, my wife's abilities and long winded pointless responses were unnessasary. I will now return the favor.

I wish the U.S. Government would raise the minimal financial requirements. 125% of the poverty level is still poverty. Someone who makes 20k should not be allowed to have the ability to voluntarily take on the responsibility of another human. If you are worried about your future spouses ability to quickly get a job, because of money, you should not be getting that spouse.

My wife has insurance. If yours does not, that is illegal and you can be fined. Regardless of their immigration status.

Yes, your illegal wife with her legal social security number does give you the tax breaks you need. That and a decent tax guy.

By waiting, I have knocked the price down, not up.

I'm not terribly worried about the money; to be honest I just assumed that having an anchor baby conferred rights to the mother. Upon further research I found I am mistaken.

[Ian H. 207]

Hmm...no one here was trying to offend you, but simply offered you our advice based on our experiences. You keep insisting on filing an I-130 when your spouse entered with a K1, that would be on you since we advised you otherwise.

Your wife isn't here illegally and no one said that, she is simply out of status and accumulating overstay which could be a problem if your wife should ever be detained. The chances are small, but we only meant to let you know of the risks however small. I should note that having a "good tax guy" may get you into trouble with the IRS if you take the wrong tax credits such as the EIC, since you need to be an LPR or USC to qualify for that.

I don't understand why you feel offended since it was no one's intention, but to each his own. My intention was to avoid you any inconveniences or unnecessary expenses by making you aware of how the process works and what is needed. Good luck.

[belinda63 3,038]

Not sure how you reduced the fees: I-751=$590 and the I-130=$420 (savings of $170) but she has to have a new medical exam which is not covered by insurance. Plus any fees incurred if she has to attend immigration court proceedings.

[landr 126]

If you married within the 90-day period of the I-94's validity, you don't need to file the I-130 because your wife can adjust her status based on her lawful entry as a K-1 visa holder.

Conditional permanent residence (2-year green card) is granted if the marriage is less than 2 years old on the day that the permanent residence is given. You can't just circumvent that by filing the I-130 and I-485 concurrently. http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

It's possible to apply for a fee waiver due to financial hardship. However, the dilemma is that you must fit within a narrow band to qualify for both. Based on the requirements, the magic number appears to be 126% to 150% of the poverty levels for your household size. That is, above the 125% threshold to be deemed to have sufficient financial resources to support the intending immigrant but at/below the 150% threshold to be eligible for a fee waiver. http://www.uscis.gov/feewaiver

[Ian H. 207]

Only certain classes of immigrants can qualify for a fee waiver for the I-485. They can however apply for a fee waiver for the I-751 if they qualify.

It's possible to apply for a fee waiver due to financial hardship. However, the dilemma is that you must fit within a narrow band to qualify for both. Based on the requirements, the magic number appears to be 126% to 150% of the poverty levels for your household size. That is, above the 125% threshold to be deemed to have sufficient financial resources to support the intending immigrant but at/below the 150% threshold to be eligible for a fee waiver. http://www.uscis.gov/feewaiver

[landr 126]

Only certain classes of immigrants can qualify for a fee waiver for the I-485. They can however apply for a fee waiver for the I-751 if they qualify.

Ah yes, you're right Ian. To request a fee waiver with an I-485 application, the OP's wife would need to adjust status based on the following categories:

a. "T" nonimmigrant status (victim of human trafficking) or "U" nonimmigrant status (victim of certain crimes who

has assisted in an investigation or prosecution);

b. Asylum status in the United States;

c. Approved status as a battered or abused spouse, child, or parent of a U.S. citizen or lawful permanent resident;

d. Special Immigrant Juvenile status based on an approved Form I-360, Petition for Amerasian, Widow(er), or

Special Immigrant;

e. An adjustment provision that does not require you to prove that you are not likely to become a public charge, such

as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, continuous residence in the United

States since before January 1, 1972, ("Registry"), or similar provision; and

f. Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi

National employed by or on behalf of the U.S. Government.

http://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf

OP - looks like you're out of luck on the fee waiver.

[belinda63 3,038]

I believe if you adjust status from a K-1 visa you are given a 2 year conditional green card no matter how long you have been married. It requires the filing of the I-130/1-485 to receive the 10 year green card if you have been married over 2 years.

[LionessDeon 2,060]

Did he just call his baby an anchor?! :/

Edited November 6, 2014 by LionessDeon

[Ian H. 207]

No, as long as the marriage is 2 years old or more when the AOS is approved you would be getting a 10 year GC, which is what the OP is aiming to do. I believe the I-130 is only necessary if you fail to marry within the 90 days seeing as the AOS requires that you marry within that time in order to adjust from the K1.

[KayDeeCee 4,893]

Just in case any poor souls stumble across this wretched thread:

If married two years or longer, file the I-130 with the I-485 so your spouse can get the 10yr GC. This will save you money.

You are wasting money because the I-130 is not required when adjusting from a K-1, even when married over 2 years. You will get the 10 year card if married more than 2 years at the time of the I-485 approval.

I believe if you adjust status from a K-1 visa you are given a 2 year conditional green card no matter how long you have been married. It requires the filing of the I-130/1-485 to receive the 10 year green card if you have been married over 2 years.

No, that is not the case any longer. You do not need the I-130. If married longer than 2 years at the time of approval, then you receive a 10 year card. 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.

See 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