AOS from K1 used to be J1

[logisticamente 152]

So.. I was on a J1 with the 2YHRR, I came back to my country to fulfill the 2 years, and was granted a waiver... (therefore didn't complete the 2 years)

Filed for K1 that is almost to be approved, so I'm working on filling out all the AOS forms and my question is related to form I-485 (yes Im that crazy, or have become that crazy)

 

In the instructions they list all the evidence required to submit along the form. Item #7 Evidence of continuously maintaining a lawful status since arrival in the united states is the one im confused..

Does this refer lawful status since arrival on the States with my new K1 or in my lifetime?  so.. would I have to provide passport stamps of all my entries while a J1 and all my DS-2019s + my entries on a B1 before and after J1?

 

this is an extract of that item:

7. Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States
Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference
category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees
under the Diversity Visa Lottery program.
Acceptable evidence may include, but is not limited to, copies of the following documents:
A. Form I-797 approval notices for all extensions and changes of nonimmigrant status;
B. Form I-94 Arrival-Departure Record, including printouts of paperless I-94 admissions;
C. Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language
Students, or Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational
Students, including all pages containing notations by authorized school officials;
D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages
containing notations by authorized exchange visitor program officials; or
E. Passport page with an admission or parole stamp (issued by a U.S. immigration officer).
Include evidence for every time you entered the United States and for the time periods spent in the United States. See
the Additional Instructions for information on whether your specific immigrant category requires this evidence.

 

 

Thank you! Im a bit stuck in this one...

[Pennycat 880]

5 minutes ago, logisticamente said:

 

this is an extract of that item:

7. Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States
Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference
category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees
under the Diversity Visa Lottery program.

 

 

I think that this is only for those categories bolded, which are not you. The family based preference categories are the F-visas, I believe. Plus, your proof of legal status is the K1 visa plus your marriage certificate. I don't think they're asking about your status as a J. If they are curious about it, they'll send an RFE I guess but I really don't think that they will. You got the visa, and you wouldn't have gotten it without a waiver if you'd overstayed before so... I'd just skip it.

[cosmonauts 125]

I agree with the person above, you will be entering the US with a K-1 and that's your legal status. I on the other hand adjusted from J-1 and never left so that kind of evidence would have applied to me. I think you are confused because, if I understand correctly, you are working on AOS before arriving in the US. Hang in there!

 

I think family based preference means when you file I-130 and I-485 concurrently so you don't have to wait for a visa number i.e. approved I-130.

[logisticamente 152]

7 minutes ago, CatherineA said:

 

 

I think that this is only for those categories bolded, which are not you. The family based preference categories are the F-visas, I believe. Plus, your proof of legal status is the K1 visa plus your marriage certificate. I don't think they're asking about your status as a J. If they are curious about it, they'll send an RFE I guess but I really don't think that they will. You got the visa, and you wouldn't have gotten it without a waiver if you'd overstayed before so... I'd just skip it.

Well.. First thank you for the super prompt reply!!!

But I thought it would apply to me because in the form itself on page 3 part 2. Application Type or filling Category they have the K1 listed under item 1.a. Family-based...  (see attachment)

 

and under additional information all it says is:

"Nonimmigrant fiancé(e) beneficiaries of Form I-129F always have a visa available, but may file Form I-485 only after
marrying the U.S. citizen (Form I-129F petitioner) within the requisite 90-day period after admission to the United States
on a K-1 visa.
In addition to the evidence listed in the What Evidence Must You Submit with Form I-485 section, you must submit
a copy of the marriage certificate to show that the K-1 nonimmigrant fiancé(e) married the U.S. citizen (Form I-129F
petitioner) in the 90-day period. This additional requirement applies to both K-1 principal and K-2 derivative applicants."

 

What do you think?

 

 

 

[cosmonauts 125]

2 minutes ago, logisticamente said:

Well.. First thank you for the super prompt reply!!!

But I thought it would apply to me because in the form itself on page 3 part 2. Application Type or filling Category they have the K1 listed under item 1.a. Family-based...  (see attachment)

 

and under additional information all it says is:

"Nonimmigrant fiancé(e) beneficiaries of Form I-129F always have a visa available, but may file Form I-485 only after
marrying the U.S. citizen (Form I-129F petitioner) within the requisite 90-day period after admission to the United States
on a K-1 visa.
In addition to the evidence listed in the What Evidence Must You Submit with Form I-485 section, you must submit
a copy of the marriage certificate to show that the K-1 nonimmigrant fiancé(e) married the U.S. citizen (Form I-129F
petitioner) in the 90-day period. This additional requirement applies to both K-1 principal and K-2 derivative applicants."

 

What do you think?

 

Right but your J-1 is not part of your continuous stay in the US because you left. Honestly, it wouldn't hurt to send it, if they don't need it they won't use it I guess. You will need to submit the waiver though I think, there's a questions about that so what's another document

[logisticamente 152]

2 minutes ago, tamaara said:

I agree with the person above, you will be entering the US with a K-1 and that's your legal status. I on the other hand adjusted from J-1 and never left so that kind of evidence would have applied to me. I think you are confused because, if I understand correctly, you are working on AOS before arriving in the US. Hang in there!

 

I think family based preference means when you file I-130 and I-485 concurrently so you don't have to wait for a visa number i.e. approved I-130.

lol.. yeah.. Im not in the US yet

 

AAHHH I missed the preference part...  that makes sense!!

Im glad I dont need all that jazz!! I have it all but is so tedious.. I will send my waiver approval though just in case.. even though like you both said.. I wouldnt even get the visa without it...

 

@CatherineA please disregard my last comment..

 

Thank you both

[Pennycat 880]

Right, but look right above your checkbox. "Family-based preference categories". All three things, immediate relatives, fiances and "family based preference categories" are family based visas. The "family based preference categories" are: 

• F1-- unmarried sons and daughters of US citizens, and their minor children,
• F2-- spouses, minor children and unmarried sons and daughters of LPRs,
• F3-- married sons and daughters of US citizens, and their spouses and minor children and
• F4-- brothers and sisters of US citizens and their spouses and minor children. 

None of them are you. What they don't want is someone's brother to apply on F4 to get "in line", then come over on a B2 and work under the table until their number comes up and then adjust from the B2 as if everything is fine. 

 

And yes, the critical part of your application is showing what date you arrived on, and that you married the person named on your K1 visa within 90 days. That *also* serves as proof that you've never been out of status, but they're really not directing that question at you anyway, they're directing it at people applying under the categories I bolded above.

 

 

[logisticamente 152]

1 minute ago, CatherineA said:

Right, but look right above your checkbox. "Family-based preference categories". All three things, immediate relatives, fiances and "family based preference categories" are family based visas. The "family based preference categories" are: 

• F1-- unmarried sons and daughters of US citizens, and their minor children,
• F2-- spouses, minor children and unmarried sons and daughters of LPRs,
• F3-- married sons and daughters of US citizens, and their spouses and minor children and
• F4-- brothers and sisters of US citizens and their spouses and minor children. 

None of them are you. What they don't want is someone's brother to apply on F4 to get "in line", then come over on a B2 and work under the table until their number comes up and then adjust from the B2 as if everything is fine. 

 

And yes, the critical part of your application is showing what date you arrived on, and that you married the person named on your K1 visa within 90 days. That *also* serves as proof that you've never been out of status, but they're really not directing that question at you anyway, they're directing it at people applying under the categories I bolded above.

 

 

yup.. that makes sense too..

 

Thank you

[Pennycat 880]

6 minutes ago, logisticamente said:

lol.. yeah.. Im not in the US yet

 

AAHHH I missed the preference part...  that makes sense!!

Im glad I dont need all that jazz!! I have it all but is so tedious.. I will send my waiver approval though just in case.. even though like you both said.. I wouldnt even get the visa without it...

 

@CatherineA please disregard my last comment..

 

Thank you both

We were typing at the same time, but glad you got it sorted! Best of luck and don't get too far ahead of yourself  it's confusing enough as-is. 

[logisticamente 152]

4 minutes ago, CatherineA said:

We were typing at the same time, but glad you got it sorted! Best of luck and don't get too far ahead of yourself  it's confusing enough as-is. 

hehehe, thanks..

I know.. my form is half empty anyways because most of the info is from the future..

I have too much free time I guess...