Filing I-485 After K-1 Visa: Questions About Forms and Medical Requirements (Merged threads)

[M plus D 57]

2 hours ago, Summer melody said:

So, in Part 1, Question 27, I should write "Out of status" instead of "K-1,"

That is correct, like @OldUser has already pointed out. Part 1, Question 27 would be "Out of Status", because you are currently no longer in status.

 

2 hours ago, Summer melody said:

and answer "Yes" to Question 17 in Part 8 ("Have you ever violated the terms and conditions of your nonimmigrant status?"

That is also correct, you must answer "Yes" to Question 17 in Part 8. You have overstayed your i-94, so you have violated the terms and conditions of your non-immigrant status.

 

2 hours ago, Summer melody said:

Information section, should I provide an explanation like, "My I-94 expired on dd/mm/yy

You can do this if you want. Always be honest and truthful with whatever you want to note.

 

2 hours ago, Summer melody said:

I am extremely confused about this section, as I read on this forum that "To meet the terms of the K1 visa, you just need to marry in the US within 90 days of entry.  No requirement to file AOS within 90 days." 

Does that mean I haven’t violated the terms of my nonimmigrant status (K-1 visa)?

Marrying your petitioner within 90 days grants you the ability to file for Adjustment of Status. These are separate terms from overstaying. But overstaying is still very much a violation of terms that apply to those who arrived on K-1.

 

Keep in mind that overstay is very, very likely to be forgiven for you, as the spouse of a United States Citizen. There have been people who arrived on K-1 and didn't adjust for years and their overstay was forgiven. I have never read about a K-1 AOS being denied due to overstay.

This ability is also mentioned in the USCIS policy manual (source).

Edited October 4 by M plus D

[Summer melody 7]

25 minutes ago, M plus D said:

That is correct, like @OldUser has already pointed out. Part 1, Question 27 would be "Out of Status", because you are currently no longer in status.

 

That is also correct, you must answer "Yes" to Question 17 in Part 8. You have overstayed your i-94, so you have violated the terms and conditions of your non-immigrant status.

 

You can do this if you want. Always be honest and truthful with whatever you want to note.

 

Marrying your petitioner within 90 days grants you the ability to file for Adjustment of Status. These are separate terms from overstaying. But overstaying is still very much a violation of terms that apply to those who arrived on K-1.

 

Keep in mind that overstay is very, very likely to be forgiven for you, as the spouse of a United States Citizen. There have been people who arrived on K-1 and didn't adjust for years and their overstay was forgiven. I have never read about a K-1 AOS being denied due to overstay.

This ability is also mentioned in the USCIS policy manual (source).

Thank you very much for the detailed explanation. I want to be truthful and provide honest information, so I will answer "Yes".