K1 married after 90 days... Are we ok?

[Crazy Cat 41,822]

1 hour ago, Ankomah said:

The I-129f “replaces” the I-130. So if you married outside of the 90 days, you had to file the I-130 along with your AOS. Did you do that? 

No, the OP did not do that.

[wilkings0224 28]

On 10/26/2021 at 2:29 PM, GinaCarterWebster said:

Question?

 

How is she working legally if there was never an EAD granted?  That is usually granted with the AOS- not before?  

 

My husband has been waiting at home for the AOS process approval- since we filed 485, 131, & 765 in 2/21 - we finally have an appointment with HS this week!

I summit I-765 with the I-485, the I-765 was approved on July and she got ther EAD and SSN,

 

by, the way, I just got the notice and case was denied, the letter said that we failed to marry within 90 days, if we don’t file a motion or take action, she will have to leave in 33 days, I’m getting a lawyer right now, we have a baby and I can’t be apart from both 😕😢

[Crazy Cat 41,822]

36 minutes ago, wilkings0224 said:

I summit I-765 with the I-485, the I-765 was approved on July and she got ther EAD and SSN,

 

by, the way, I just got the notice and case was denied, the letter said that we failed to marry within 90 days, if we don’t file a motion or take action, she will have to leave in 33 days, I’m getting a lawyer right now, we have a baby and I can’t be apart from both 😕😢

Refile ASAP!!!!!  You MUST submit an I-130 along with the I-485 package.  Once she files a proper I-485, she will be granted authorized stay in the US until the I-485 is approved or denied....You must also refile the I-131 and the I-765.

You can use this guide.  You don't need an attorney.

 

 

Edited November 1, 2021 by Crazy Cat

[HRQX 4,145]

2 hours ago, Crazy Cat said:

Refile ASAP!!!!!  You MUST submit an I-130 along with the I-485 package.

*and I-130A spouse supplement signed by the beneficiary. A I-693 completed by a Civil Surgeon would also now be needed for USCIS to complete I-485 adjudication.

 

Also if they want they could include the 1991 INS General Counsel opinion: http://myattorneyusa.com/storage/upload/files/matters/fiances-or-fiancees-who-marry.pdf "The citizen may, however, file an alien relative visa petition (Form I-130) after the untimely marriage."

Edited November 1, 2021 by HRQX

[Mike E 11,739]

2 hours ago, wilkings0224 said:

I summit I-765 with the I-485, the I-765 was approved on July and she got ther EAD and SSN,

 

by, the way, I just got the notice and case was denied, the letter said that we failed to marry within 90 days, if we don’t file a motion or take action, she will have to leave in 33 days, I’m getting a lawyer right now, we have a baby and I can’t be apart from both 😕😢

Sorry about that. File a complete I-485/I-130 package and she can stay beyond the 33 days. 

Edited November 1, 2021 by Mike E

[Ontarkie 14,218]

~~Off Topic post and replies removed. Please stick to answering and helping the OP's questions and case~~

[Bret L Smith 15]

On 10/19/2021 at 8:44 AM, wilkings0224 said:

My wife entered the USA on March 5th 2020 as my fiancé K1,

15 days later everything was closed in NY, and pretty much nationwide, city clerk was closed, we couldn’t go to get married anywhere, later NY was accepting virtual marriage through the “project Cupid”, when I made the appointment they only have available for almost 2 months after, August 8th, which is already past 90 days timeline, we got married on that day,  I called USCIS yo explain the situation, they subject me to file the AOS anyway, well I was worry but I did, yesterday was her interview, the officer told us that we got married after 90 days and that’s a problem, he couldn’t make a decision and the case must continue to see if there is a waiver, that we have to wait for a notice in the mail, I explained the reason why we got married late, it was out of our control, he agreed but same conclusion, 

also we have all in order, she is working paying taxes, never have an issue with the justice and we have a 2 months beautiful baby, I can’t believe we have to go through this for something we couldn’t prevented 😕

Contact your US senator or Congress person.

They have liaisons that help their constituents with problems like this.

I think the final decision was up to the interviewer, so I don’t know why he is sending it for further review, but if I was you I would contact one of your representatives ASAP.

Just explain that because of the Covid lockdowns you got married at the earliest possible opportunity and should not be penalized for that.

Good luck! 😎✌️

Edited November 16, 2021 by Bret L Smith

[Crazy Cat 41,822]

21 minutes ago, Bret L Smith said:

Contact your US senator or Congress person.

They have liaisons that help their constituents with problems like this.

I think the final decision was up to the interviewer, so I don’t know why he is sending it for further review, but if I was you I would contact one of your representatives ASAP.

Just explain that because of the Covid lockdowns you got married at the earliest possible opportunity and should not be penalized for that.

Good luck! 😎✌️

This is 100% inaccurate.  The decision was NOT up to the interviewer.   The LAW states that a K1 couple MUST marry within 90 days, else an I-130 package must be also submitted.  There is NO discretion.....besides, there were other options.  The couple could have been married within 90 days.    The decision has been made...the case was denied. 

The best solution would have been for the couple to simply submit an I-130 package along with the I-485.....It would have been a very, very simple solution.......Exactly how did Covid affect their ability to submit an I-130.?  

Edited November 16, 2021 by Crazy Cat

[Pandora Gadomski 22]

On 10/19/2021 at 4:02 PM, Scandi said:

The i-129f petition was the basis for the AOS if you had married within the required 90 days. Since you didn't comply with that requirement you need a new petition - this time the i-130 since you're married now. 

So even if you married after the 90 days, she could still have adjusted her status but with the i-130 petition included. She will have to start over from scratch now, as the i-485 likely will be denied as there was no valid petition to base it on. 

I'm still crossing my fingers that they somehow will approve you guys because of the pandemic making everything much harder. I'm saying "harder" because it wasn't impossible for you guys to get married within the 90 days. You could've had it done in a different state, not all states had as strict lockdowns and closings as NY.

Facts. You could have married online via Utah courts and wouldn't have missed your deadline. Water under the bridge now. As stated by others, you need to file the i130 with the i1485, i131. You'll have to include 8 passport photos of her, 2 for you as well as all the required documents. It's good if she has changed her name legally, they will want ID with her new information on it. Make sure the papers are filed accurately. You also need to include the i864. You can hire an attorney to do the forms or do research to make sure you file them properly.  If anything is done incorrectly,  you can be denied.

[TBoneTX 45,264]

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[HRQX 4,145]

6 hours ago, Bret L Smith said:

so I don’t know why he is sending it for further review

FYI, the official denial notice has already been issued:

 

Also, the policy is very clear that an I-130 (and I-130A spouse supplement) is needed when OP refiles the AOS paperwork: http://myattorneyusa.com/storage/upload/files/matters/fiances-or-fiancees-who-marry.pdf

[poh 125]

Looks like you filed incorrect application form.  The COVID shutdown just made things more complicated for you . You should seek help from an immigration lawyer regarding your next step.  I think you got yourself in a bind here.  You must read all instructions carefully and follow the proper steps.   

 

 

 

 

 

Edited November 28, 2021 by poh

[Crazy Cat 41,822]

7 hours ago, poh said:

Looks like you filed incorrect application form.  The COVID shutdown just made things more complicated for you . You should seek help from an immigration lawyer regarding your next step.  I think you got yourself in a bind here.  You must read all instructions carefully and follow the proper steps.   

 

 

 

 

 

Actually,  the denied I-485 has been rightfully denied.  It is done...history.  The only thing the OP can do is to re-file a new I-485 package along with an I-130 package.  There is no need for an attorney.  

Edited November 28, 2021 by Crazy Cat

[igoyougoduke 1,656]

On 11/1/2021 at 6:06 AM, wilkings0224 said:

I summit I-765 with the I-485, the I-765 was approved on July and she got ther EAD and SSN,

 

by, the way, I just got the notice and case was denied, the letter said that we failed to marry within 90 days, if we don’t file a motion or take action, she will have to leave in 33 days, I’m getting a lawyer right now, we have a baby and I can’t be apart from both 😕😢

just file the proper paper work instead of wasting money on lawyer. lawyer aint going to solve anything in your case. its clear cut