Lawyer for unique situation

[SorrowL 138]

Hey everyone!

 

I’m helping out some friends file their Adjustment of Status, and I got some questions and they do as well:

 

The now foreign spouse entered on a K1, they married within The 90 day period. They entered in 2017, and just now are able to file for the AOS, which I know is well beyond the typical 90 day thing.

 

first question to top off things:

 

- do you think this situation requires a lawyer considering the amount of time that has passed between arrival and now? the foreign spouse did NOT engage in any employment and they also did not violate any laws (excluding the failure to file AOS), the US spouse also has a clean record. They also never left the US since and they were lawfully admitted with the K1.
 

 

- when they file the AOS, I assume all they need to file is the I-485, I-864, , and a renewed medical examination? (If they want to work they can file I-765, and any other optional documents)

- are there any special handlings regarding this since the AOS is being filed so much later than the arrival?

 

The foreign spouse is a parent to a US citizen as well, if it makes any difference. 
 

thanks for any help in this! 

[Ayrton 965]

26 minutes ago, SorrowL said:

Hey everyone!

 

I’m helping out some friends file their Adjustment of Status, and I got some questions and they do as well:

 

The now foreign spouse entered on a K1, they married within The 90 day period. They entered in 2017, and just now are able to file for the AOS, which I know is well beyond the typical 90 day thing.

 

first question to top off things:

 

- do you think this situation requires a lawyer considering the amount of time that has passed between arrival and now? the foreign spouse did NOT engage in any employment and they also did not violate any laws (excluding the failure to file AOS), the US spouse also has a clean record. They also never left the US since and they were lawfully admitted with the K1.
 

 

- when they file the AOS, I assume all they need to file is the I-485, I-864, , and a renewed medical examination? (If they want to work they can file I-765, and any other optional documents)

- are there any special handlings regarding this since the AOS is being filed so much later than the arrival?

 

The foreign spouse is a parent to a US citizen as well, if it makes any difference. 
 

thanks for any help in this! 

No need for a lawyer. Overstay is forgiven for spouses of USC.

[igoyougoduke 1,656]

34 minutes ago, SorrowL said:

do you think this situation requires a lawyer considering the amount of time that has passed between arrival and now? the foreign spouse did NOT engage in any employment and they also did not violate any laws (excluding the failure to file AOS), the US spouse also has a clean record. They also never left the US since and they were lawfully admitted with the K1.
not an issue. you can file yourself.

 

- when they file the AOS, I assume all they need to file is the I-485, I-864, , and a renewed medical examination? (If they want to work they can file I-765, and any other optional documents)
-yes all forms will be submitted again. yes they can file i-765 and i-131. sponsor must be able to support financially to the immigrant. 
- are there any special handlings regarding this since the AOS is being filed so much later than the arrival?

no

The foreign spouse is a parent to a US citizen as well, if it makes any difference.   does not make a difference

 

[HRQX 4,145]

1 hour ago, SorrowL said:

do you think this situation requires a lawyer

No, it's still a straightforward case

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Quote

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

 

1 hour ago, SorrowL said:

when they file the AOS, I assume all they need to file is the I-485, I-864, , and a renewed medical examination? (If they want to work they can file I-765, and any other optional documents)

I-864 is filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-864 and supporting documents, copy of marriage certificate, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

They'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/filing-guidance/form-filing-tips

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

If they want, the new medical can be submitted after filing. If not sent-in at the time of filing then USCIS will just send a courtesy letter: "DO NOT MAIL DOCUMENTS AT THIS TIME."

Edited May 31, 2021 by HRQX

[SorrowL 138]

2 hours ago, HRQX said:

No, it's still a straightforw…

 

another question regarding this situation, considering that this Foreign spouse was admitted in 2017, would that make them eligible for N-400 naturalization as well? They’re resided in the US since arriving, albeit as an overstay, but when they file the I-485, could they also file the N-400, or would they need to be a full fledged I-551 holder for 3 years before qualifying?

[Noname93 200]

3 hours ago, SorrowL said:

another question regarding this situation, considering that this Foreign spouse was admitted in 2017, would that make them eligible for N-400 naturalization as well? They’re resided in the US since arriving, albeit as an overstay, but when they file the I-485, could they also file the N-400, or would they need to be a full fledged I-551 holder for 3 years before qualifying?

No, the counter starts when they are a permanent resident aka once they have been approved for the greencard. But, since it's been over two years since the beginning of the marriage they'll immediately get a 10 year greencard.

Edited June 1, 2021 by Noname93

[Chancy 6,241]

3 hours ago, SorrowL said:

considering that this Foreign spouse was admitted in 2017, would that make them eligible for N-400 naturalization as well?

 

No.  They can only file N-400 after they have been a green card holder for 3 years minus 90 days.

 

[HRQX 4,145]

6 hours ago, SorrowL said:

could they also file the N-400

No. The I-485 approval date would be the most relevant:

• https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3
• https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

After the I-485 is approved add 3 years and input that date in the following calculator: https://www.uscis.gov/forms/uscis-early-filing-calculator

[Pinkrlion 2,719]

Since it has been 4 years doesnt she have to file I-130?

[Boiler 45,493]

They married within 90 days

[Pinkrlion 2,719]

3 hours ago, Boiler said:

They married within 90 days

Thanks