married after 90 days

[Harpa Timsah 13,258]

You wasted $1070 by filing I-485 when you married after 90 days. It will be denied.

Start over with concurrent I-130/I-485.

[Pinkrlion 2,724]

Thanks for your answer.. I already applied i485 ap and ead but rfe can i send i130 to reply with my current i485 to provide to my rfe can they accept that i dont want to pay another 1070 if possible

No you cannot submit the I-130 as an RFE reply. File the I-130 and send in a copy of NOA1 along with a letter of explanation with RFE.

[KayDeeCee 4,893]

Ignore all the people telling you to leave and that you have to apply for a spousal visa. You do not need a visa to enter the US. You are already here. You are not eligible to file based on your I-129F petition approval and K-1 visa entry because you did not meet the requirement to marry within 90 days of entry. Therefore, you needed to file an I-130 along with your I-485/I-765/I-131.

Your application based on the I-129F petition approval will be denied. You will need to refile correctly, adding in an I-130 and its fee too. Also, if your medical is over a year old, you need to see a civil surgeon for a new one.

~ Moved from Effects of Major Family Changes to AOS from Family Based Visas - topic is about adjusting from legal family-based visa entry ~

[MASH 172]

Hi i need your advise i arrived here as k1 but unfortunately we married after 90 days, my husband still insist he wants to file i485 still together with AP EAD so we do the whole process and we got RFE coz of the 90 days, My question is, can i still apply i130 answer for my RFE, or any suggestion to resolve my problem i need your opinion, thanks

Since you came to the states with a legal visa your going to have to fill out the I-130 and the I-485 form

It will take longer but in the end you still get to stay with your husband and not be in 2 diff countries

[Harpa Timsah 13,258]

You also cannot file I-130 now to stop the old I-485 to be denied. It needed to be approvable when it was filed and it was not. It's dead.

Start over with a new I-130/I-485.

[IcezMan_IcezLady 582]

You can aplay, but the proces will start from begining and you have to be in your country, leave the usa border, yoir visa is expired now, and you are in fradulence. Better leave fast, because this might indicate your new proces with I 130.

You cant stay here during this proces.

^^ That's not true.

[EM_Vandaveer 2,408]

You also cannot file I-130 now to stop the old I-485 to be denied. It needed to be approvable when it was filed and it was not. It's dead.

Start over with a new I-130/I-485.

^^^^^^^^

Listen to Harpa Timsah.

[Jacmel87 0]

Basically you will have to start over like some people told you already, so file the i130/i485, with work permit and advance parole form also...you will have to be reinterview again with your husband. The same thing happen to someone i know but they were approve after they did everything over. Good luck!!!

[Rheama 1]

Thank you we will do this and thank u once again guys you gave me hope

Thank you we will do this and thank u once again guys you gave me hope

[QueenComley 295]

You can aplay, but the proces will start from begining and you have to be in your country, leave the usa border, yoir visa is expired now, and you are in fradulence. Better leave fast, because this might indicate your new proces with I 130.

You cant stay here during this proces.

where on earth did you get such ridiculous misinformation from?? Please think twice before posting such comments. The information you provided was 100% completely wrong. Only post something that you are sure of. This is someone's life... such misinformation could have be very damaging for OP should she have believed you.

[Eric-Pris 1,607]

You need to leave go back to your country and apply for CR1 outside the US.

You can aplay, but the proces will start from begining and you have to be in your country, leave the usa border, yoir visa is expired now, and you are in fradulence. Better leave fast, because this might indicate your new proces with I 130.

You cant stay here during this proces.

These are 2 (of hundreds) examples of why it's always good to contact a professional rather than rely on what you read on the internet. People come on the line and post all kinds of incorrect information on the line because it doesn't affect them so why would they care if what they write is correct.

Edited June 9, 2016 by Eric-Pris

[Unlockable 7,315]

These are 2 (of hundreds) examples of why it's always good to contact a professional rather than rely on what you read on the internet. People come on the line and post all kinds of incorrect information on the line because it doesn't affect them so why would they care if what they write is correct.

A lot of cases where lawyers gave bad information also. At least here on VJ the misinformation is caught and corrected eventually.

Edited June 9, 2016 by NuestraUnion

[Rheama 1]

Thanks for sharing..we went USCIS to ask for advise..is to file i130 and do not leave US so i got my card already