January 2025 AOS Filers

[Rachel n Tyler 124]

I'm still confused on it. I'm trying to read on https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4#footnote-14 but there's a lot of legal jumble that I don't understand..

All I can find myself is that everything lists 'admissible until 31st of Jan'. The only thing that could confirm that is my passport stamp that has 'Class K1 until Jan 30th' 

Edited 6 hours ago by Rachel n Tyler

[Edward and Jaycel 834]

You are still admissible as the immediate relative of a US Citizen but you have to declare that you violated the terms of your nonimmigrant status because at the time you are filing, you are out of status and you have accrued unlawful presence since Jan 31. That's the way I read it anyway (K1 Visa Hopeful too) It's all forgiven in the AOS process. Those bars to inadmissibility do not apply to you. But you have to be transparent about it.

[Rachel n Tyler 124]

So I paid 5 bucks for the JustAnswer lawyers. This is what they had to say:

 

Given the situation you're describing, it sounds like there are a few important factors to consider. When you were on a K1 visa, you were allowed to stay in the U.S. for 90 days, with the expectation that you would marry your U.S. citizen petitioner within that time frame. Once the K1 visa expired on January 30th, technically, you would have overstayed your authorized period of stay, which could lead to concerns about unlawful presence..

 

However, there are some nuances here. If you filed your I-485 before the expiration of your K1 visa, you may have been eligible for a period of authorized stay, meaning you wouldn’t be considered unlawfully present during the pending I-485 process. Unfortunately, since your initial I-485 was rejected, the key concern is whether that rejection was within the window where you could still be considered in a period of authorized stay or if that rejection now creates an issue of unlawful presence.

 

As for your current status, if your I-485 was filed before your K1 expired and you received a rejection after that, you could have been in a "period of authorized stay" while the application was under consideration, but the rejection complicates things. Since your K1 visa expired on January 30th and the I-485 was rejected, it’s important to know the exact timeline to determine if you accrued unlawful presence after your I-485 rejection.

 

Unlawful presence can have serious consequences, especially if it reaches 180 days or more, potentially leading to a 3-year bar from reentering the U.S. However, you may be able to refile your I-485 and potentially address the unlawful presence issue depending on the circumstances of your case.

 

[Rachel n Tyler 124]

I marked the two options as yes and explained it the following way.  

 

'Due to my first I-485 getting rejected, as I mistakenly marked 'Spouse of a U.S. Citizen' instead of the K-1 option, I am now sadly filing my I-485 after my admission expired on 01/30/2025. I will include a copy of my I-797C which shows I originally filed before 01/30/2025' 
and
'As mentioned in the explanation above for page 14, part 9, item 13, I got my first I-485 rejected due to mixing up the spouse and the fiance(e) option for page 5, part 2, item 3a. Because of this rejection, I am now past my admission date and unlawfully present. I will include a copy of my I-797C which shows I originally filed before 01/30/2025'

And then addedthe I-797C copy to the paperwork. I think that's all I can do and say right?

[Edward and Jaycel 834]

Yes I think you explained it perfectly. Sorry to  cause angst at this stage. I just didn’t want that to come back on you later  

[Rachel n Tyler 124]

14 minutes ago, Edward and Jaycel said:

Yes I think you explained it perfectly. Sorry to  cause angst at this stage. I just didn’t want that to come back on you later  

Don’t worry, I really appreciate your help and thoughtfulness!! I just hope my honesty won’t bite me in the behind hahaha 

[SL2024 121]

5 hours ago, Rachel n Tyler said:

They do have it split between AP and re entry/refugee travel. The last one is only done in Nebraska and have an average of 14.5 months. That's why I feel like the 21.5 month is probably pretty accurate.


Also quick question. For the G-1450, do I put my name at the top for applicant's/Petitioner/Requester's Information even if my husband's card is getting used?

 

Not a January filer (hopefully will be filing tomorrow) but in terms of that time range from USCIS I wouldn't pay too much attention to that as some sites online say it's between 3-7 months. I am applying for it due to being invited to a friends wedding back in the UK. It definitely is a lot of extra money but I kind of felt that I had to try. Hopefully it won't take that long to receive and I will be able to travel to his wedding later in the year if approved. 

[KoreaninHawaii 51]

11 hours ago, MalloryCat said:

well one of the requirements from the I-864 is at least the tax transcript for the most recent year..

 

you could probably just send 2023.

 

but have plenty of time to wait for 2024 if you wanted to.

I will probably wait to sent the 2024 then. I still have time. (May22) My wife EAD card is in state right now according to the tracking (since I live on another island the main USPS hub is on Oahu) so card should come tomorrow and SS card hopefully soon after. 😊