Married within K1 - do I need to file I-130?

[*Rachel* 2]

Hello all,

 

I entered on a K1, got married within the 90 days but we have not yet filed our adjustment paperwork for various reasons. My K1 is now expired and I need to fill out my current immigration status on the I-485, I have no idea what to put. Do we need to file an I-130 as well? I can’t seem to find a clear answer - I’ve seen multiple people on this website stating they didn’t file for AoS for months (even years!) after legally getting married on a K1, but I’m also reading conflicting information that even if you did everything right regarding the K1, you are “unlawful” once it expires despite being married and you need to file an I-130 at the same time which seems arbitrary? Others have said you only file I-130 if you didn’t get married within the 90 days. I’m so confused! 
 

tl;dr: Definitely married within the 90 days, K1 period now over - what is my immigration status for I-485 and do we need to file the I-130? 

Very grateful in advance to anyone who reads and can advise! 

[Villanelle 4,122]

If you were married in the 90 days then you do NOT need a 130. You send the 129f NOA with your AOS packet. If you did not marry in the 90 days then you would need to file the 130.  You can use the guides section at the top to help assemble your packet.

[*Rachel* 2]

10 minutes ago, Villanelle said:

If you were married in the 90 days then you do NOT need a 130. You send the 129f NOA with your AOS packet. If you did not marry in the 90 days then you would need to file the 130.  You can use the guides section at the top to help assemble your packet.

Thank you and thank you for pointing me towards the guide - I notice in the FAQs it suggests I do not have legal status, so you wouldn’t happen to know what I should put for my Immigration Status would you? Is it just “adjustment applicant” or do I have to put “no legal status”? 

[Villanelle 4,122]

https://www.visajourney.com/examples/INS-Form-I-485.pdf

 

There are also example forms  

 

[*Rachel* 2]

2 minutes ago, Villanelle said:

https://www.visajourney.com/examples/INS-Form-I-485.pdf

 

There are also example forms  

 

Haha current immigration status is not filled out on the example form 😂😩 I’m assuming that’s because the example person’s immigration status hasn’t changed since their last entry but from what I can tell mine has, since the K1 time has elapsed. 
I can’t be the only person who’s had to wait a couple of months after getting married to file the adjustment paperwork, surely! And yet I can’t seem to find any examples of what other people in my situation have put. 
Thank you so much for trying to help though, you’re a star! 

[Just Paul 4,595]

44 minutes ago, *Rachel* said:

Haha current immigration status is not filled out on the example form 😂😩 I’m assuming that’s because the example person’s immigration status hasn’t changed since their last entry but from what I can tell mine has, since the K1 time has elapsed.

Just put in "None"

[*Rachel* 2]

40 minutes ago, Paul & Mary said:

Just put in "None"

Is that what you did? It’s weird that I can’t seem to find any examples of what other people did in this situation since I’m certain I’m not the first person on this website who filed outside of the 90 days? We got married on day 84 because that was the only date our venue had! 

[Just Paul 4,595]

2 minutes ago, *Rachel* said:

It’s weird that I can’t seem to find any examples of what other people did in this situation since I’m certain I’m not the first person on this website who filed outside of the 90 days?

A very high number of people marry late in the 90 days and have to wait for the marriage certificate to be recorded and therefore have no status.  Most K1 simply leave it blank or write in none.   The I-485 form, like many others (see I-131), is used for multiple types of Adjustment of Status.  Not every question applies to every circumstance.  

 

When I help out at the immigration clinic I put the current status in as it applies:  F1(student), B2, K1, TN, etc or none.

[*Rachel* 2]

5 minutes ago, Paul & Mary said:

A very high number of people marry late in the 90 days and have to wait for the marriage certificate to be recorded and therefore have no status.  Most K1 simply leave it blank or write in none.   The I-485 form, like many others (see I-131), is used for multiple types of Adjustment of Status.  Not every question applies to every circumstance.  

 

When I help out at the immigration clinic I put the current status in as it applies:  F1(student), B2, K1, TN, etc or none.

This is really helpful, thank you! I was a bit scared about putting none but if you’ve seen successful applicants doing so and not facing an issue I’m sure it’ll be fine! They must see all sorts of answers because it isn’t super clear, I’m sure it’s not going to get rejected if I put a different wording in. 

[Just Paul 4,595]

1 minute ago, *Rachel* said:

This is really helpful, thank you! I was a bit scared about putting none but if you’ve seen successful applicants doing so and not facing an issue I’m sure it’ll be fine! They must see all sorts of answers because it isn’t super clear, I’m sure it’s not going to get rejected if I put a different wording in. 

You married in the 90 days.   That is 99.999999% of the battle, well other then the I-864.  The I-131(not every section applies) and I-765 are pretty easy and the I-944 has a bunch of questions that most K1s won't have an answer for.  Toss in the G-1145 for each and review the checklist at the end of each instructions and you will be fine.

[Scandi 4,166]

23 hours ago, *Rachel* said:

Thank you and thank you for pointing me towards the guide - I notice in the FAQs it suggests I do not have legal status, so you wouldn’t happen to know what I should put for my Immigration Status would you? Is it just “adjustment applicant” or do I have to put “no legal status”? 

Immigration status is "K-1 visa holder". The visa itself expired the second you entered the US, it's the i-94 that expired when your 90 days were up. And it doesn't matter if your i-94 expired, you're still writing K-1 visa holder as your status.

[payxibka 10,045]

On 3/5/2020 at 6:01 PM, Paul & Mary said:

Just put in "None"

How do you adjust from "none" status.  The status to put in was the last status granted

[geowrian 22,337]

23.c is "Status on Form I-94 (for example, class of admission, or paroled, if paroled)". This is your class of admission.

Put "K-1"

 

23.d "What is your current immigration status (if it has changed since your arrival)?"

"Out of Status", or "K-1 Visa Holder", or even "None" is fine. It's not really important as lack of status is not an issue in your particular circumstances (IR of a USC).

[K1visaHopeful 2,814]

K1 visa holder - out of status