I-485 question

[barashka 97]

Hello, VJ community!

 

I have a question about the I-485 form. My wife (then fiancée) came here on a K-1 visa. We got married within 30 days of her arrival in the United States. We are currently completing her AOS package. In the I-485 application, under Part 1, Question 24, it asks: "What is your current immigration status (if it has changed since your arrival)?". I am predicting that by the time we officially send the AOS package, it will be AFTER 90 days of her arrival in the United States. Like I said earlier, we got married within 90 days of her arrival here (in under 30 days). What would we put for Question 24 under Part 1 for her if she got married within 30 days (out of the 90 day requirement) but, is submitting the AOS package (I-485, I-765, I-131) after 90 days of her arrival? Her I-94 would be expired at this point, too. Would she still put "K-1 Visa Applicant" as the answer for Question 24 under Part 1? Or, would she put something along the lines of "Out of Status"?

 

Many thanks in advance to anybody who provides input. Any help would be greatly appreciated.

 

Sincere regards.

[Alabamak1 688]

46 minutes ago, barashka said:

Hello, VJ community!

 

I have a question about the I-485 form. My wife (then fiancée) came here on a K-1 visa. We got married within 30 days of her arrival in the United States. We are currently completing her AOS package. In the I-485 application, under Part 1, Question 24, it asks: "What is your current immigration status (if it has changed since your arrival)?". I am predicting that by the time we officially send the AOS package, it will be AFTER 90 days of her arrival in the United States. Like I said earlier, we got married within 90 days of her arrival here (in under 30 days). What would we put for Question 24 under Part 1 for her if she got married within 30 days (out of the 90 day requirement) but, is submitting the AOS package (I-485, I-765, I-131) after 90 days of her arrival? Her I-94 would be expired at this point, too. Would she still put "K-1 Visa Applicant" as the answer for Question 24 under Part 1? Or, would she put something along the lines of "Out of Status"?

 

Many thanks in advance to anybody who provides input. Any help would be greatly appreciated.

 

Sincere regards.

As long as you file for AOS before the 90 days...your wife is in status.  If you answer K-1 visa is fine

[Dashinka 24,491]

I would leave this section blank just like the example form here.  I think it really is for if someone changes their visa type, etc.  I wouldn't worry about it.

 

Good Luck!

[K1visaHopeful 2,814]

7 hours ago, barashka said:

Hello, VJ community!

 

I have a question about the I-485 form. My wife (then fiancée) came here on a K-1 visa. We got married within 30 days of her arrival in the United States. We are currently completing her AOS package. In the I-485 application, under Part 1, Question 24, it asks: "What is your current immigration status (if it has changed since your arrival)?". I am predicting that by the time we officially send the AOS package, it will be AFTER 90 days of her arrival in the United States. Like I said earlier, we got married within 90 days of her arrival here (in under 30 days). What would we put for Question 24 under Part 1 for her if she got married within 30 days (out of the 90 day requirement) but, is submitting the AOS package (I-485, I-765, I-131) after 90 days of her arrival? Her I-94 would be expired at this point, too. Would she still put "K-1 Visa Applicant" as the answer for Question 24 under Part 1? Or, would she put something along the lines of "Out of Status"?

 

Many thanks in advance to anybody who provides input. Any help would be greatly appreciated.

 

Sincere regards.

PS she isnt a "K1 Visa Applicant" anyways. She is a "K1 Visa Holder" or something to that effect. Applicant means she has not been approved for K1 yet.

Edited October 15, 2018 by K1visaHopeful

[barashka 97]

Thank you all for the responses. So, basically, since she got married to me within 90 days, she is still in status and her current status will still be “K-1 visa”, even if we submit the AOS after her I-94 expires? I thought about putting “Out of Status” for this question, initially, but, it seems as long as she fulfilled the requirement of getting married within 90 days, she should be good?

[Chocobo 196]

43 minutes ago, barashka said:

Thank you all for the responses. So, basically, since she got married to me within 90 days, she is still in status and her current status will still be “K-1 visa”, even if we submit the AOS after her I-94 expires? I thought about putting “Out of Status” for this question, initially, but, it seems as long as she fulfilled the requirement of getting married within 90 days, she should be good?

Correct.

[barashka 97]

On ‎10‎/‎15‎/‎2018 at 2:28 PM, Chocobo said:

Correct.

I read some responses on this site for this particular question that varied from "Put it as Out of Status" to "You need to submit a I-130".