K1/K2 delayed submission of AOS (3 yrs after arrival in US) are we still eligible?

[katr 0]

Hi! My 3 kids and I arrived in the US 2017 with a K1/k2 visa, i got married to my husband within the month we arrived here but unfortunately due to financial constraints we werent able to file our AOS, we have been here for 3 years, are we still eligible to adjust status. My kids are aged 14 and below. we were advised to add I 130 to our AOS application and said we should do concurrent filing.

[little immigrant 801]

Yes file asap

[Dashinka 24,924]

Yes, you can still AOS, as @little immigrant stated, do it ASAP.

[payxibka 10,047]

37 minutes ago, katr said:

Hi! My 3 kids and I arrived in the US 2017 with a K1/k2 visa, i got married to my husband within the month we arrived here but unfortunately due to financial constraints we werent able to file our AOS, we have been here for 3 years, are we still eligible to adjust status. My kids are aged 14 and below. we were advised to add I 130 to our AOS application and said we should do concurrent filing.

Time to graduate to the AOS forum and read, read, read.  you finished your k1 journey a long time ago 

[SalishSea 18,227]

38 minutes ago, katr said:

Hi! My 3 kids and I arrived in the US 2017 with a K1/k2 visa, i got married to my husband within the month we arrived here but unfortunately due to financial constraints we werent able to file our AOS, we have been here for 3 years, are we still eligible to adjust status. My kids are aged 14 and below. we were advised to add I 130 to our AOS application and said we should do concurrent filing.

Don't wait any longer.  You and your kids are well out of status, and subject to deportation.

[katr 0]

do i have to include the I 130 to our AOS application? thankyou for your replies i am very worried

Edited December 24, 2019 by katr

[Just Paul 4,595]

20 minutes ago, katr said:

do i have to include the I 130 to our AOS application? thankyou for your replies i am very worried

I-130 is not needed.  You were a K1.

 

Think of all the tax deductions your spouse could have had  for the last 3 years if he just AOS'ed all of you!

[geowrian 22,338]

As noted, you can AOS via K status still since you married within 90 days.

No I-130 needed.

Past taxes can be amended if needed.

 

You were lucky not to have encountered ICE like some folks (https://www.visajourney.com/forums/topic/712332-k1-visa-ice-came-to-my-house/). Spending time in detention and/or having to see an immigration judge is not a fun (or sometimes cheap) experience.

Financial aspects are something that should have been planned for prior to obtaining or using the K-1. Things do happen, but the application fee is something that should be set aside beforehand. If a joint sponsor became needed, that should be a top priority for a spouse. I can't imagine ever putting my wife through the uncertainty of her future in the US, not being able to work or drive, etc.

[NikLR 13,232]

~~moved to AOS family based from K1 progress  reports ~~

Edited December 25, 2019 by NikLR