HELP! They say my wife does not have "conditional" status

[docnmae 0]

My wife came here on a K-3 visa. She entered the country through LAX August 21st of 2005. We were told we would need to file the I-751 form within 90 days of the expiration of her visa, which we did. It was over a month when we got a form letter back with the box checked that said "You do not have conditional resident status. Therefore, there is no need to file an I-751".

We don't know what to do now. Nobody seems to be able to tell us what direction to turn. Does anybody have any thoughts on this matter? We are freaking out here!

Enoch & Mae

[baunzerbrudi 0]

did you file a I-485 and receive a greencard or did you just use the visa itself?

[payxibka 10,047]

If you did not ever file the I-485, your wife has no permanent resident status. She is still simply a K-3 visa holder. You must first file the I-485 to get status and then I-751 comes later... However, most likely now when you file I-485 you will receive the 10 year card because the age of the marriage is greater than two years...

[kim&james 0]

By the look of your signature you have not filed for a greencard. Did you file forms I-485? here in the US?

Have a look at the AOS forum and read the guides for K1/K3 AOS. The K3 visa only allows entry into the US as a non immigrant spouse. You then have to file to adjust status to immigrant and receive a greencard which is your permanent residency.

Your wife will now be out of status but this will be forgiven. File the I-485 and associated documents. With the new fee system you should also file for the EAD and AP especially if you wish to leave the country. Do not leave the country without AP. One thing, she will need a complete new medical since her old one will be long outdated now.

This isnt a big problem, just the next step.

One good thing, you will receive the 10 year card after approval and not have to file for removal of conditions.

If this isnt your case and you do have a greencard, check the date on the card and see what it says.

[YuAndDan 153]

Let me get this straight did you or did you not file for AOS some time between 2005 and now? Dose she have a GREEN-CARD? K-3 is a non immigrant visa allowing entry to the USA to either wait for the immigrant visa (IR-1 or CR-1) interview and then return to home country to interview for that immigrant visa, OR the K-3 files I-485 and adjust status in the USA. Either way you get a GREEN-CARD a 2 year green card if you are married less than 2 years when the card is approved, or a 10 year permanent card if married for more than 2 years when card is approved.

You file to lift conditions within 90 days before the expiration of a conditional green-card, NOT the expiration of a K-3 VISA.

It sounds like you entered the USA on a K-3 and ASSUMED that you dont need to do any thing else until lifting conditions, you forgot the big step of getting the green card through adjustment of status (I-485) or through the consulate process by interviewing for the immigrant visa.

You need to file I-485 ASAP and in your case you probably wont have to file I-751 due to being married more than 2 years at the time of AOS filing. You can stop panicking you can file I-485 any time after arrival on the K3 it can even expire, though you do not want to leave the country after th I-94 and K-3 visa expires.

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

[docnmae 0]

Thanks everybody. Some good stuff here. To be honest with you, I have no idea exactly what was filed as we hired an immigration attorney to handle it all (word to the wise.... DON'T DO THAT!) and it was one mess after another. I can't find any records of having filed for a 485 though, so I suppose that never got done... SIGH.... it's 'always something isn't it?

Anyway, thanks for all the wonderful answers. You have renewed my faith once again.

Enoch & Mae

[YuAndDan 153]

Thanks everybody. Some good stuff here. To be honest with you, I have no idea exactly what was filed as we hired an immigration attorney to handle it all (word to the wise.... DON'T DO THAT!) and it was one mess after another. I can't find any records of having filed for a 485 though, so I suppose that never got done... SIGH.... it's 'always something isn't it?

Anyway, thanks for all the wonderful answers. You have renewed my faith once again.

Enoch & Mae

Too bad you did not discover this before you attempted to file the I-751, and before the USCIS raised the rates July 30.

Again it is not a problem filing I-485 even after the visa and I-94 expire, overstay is automatically forgiven, just follow the I-485 Guide here. We did and you can see that we already have approval. No need to get a lawyer involved. Since marriage for you was more than 2 years ago you will get the 10 year green-card with no conditions to lift later on.

Edited September 11, 2007 by YuAndDan

[docnmae 0]

Thanks YuAndDan. I wish we had never involved an attorney in the first place. I think all it did was cost us several thousand dollars we didn't really have, and many headaches in the process. We had friends that did it all themselves and it was so much smoother and cheaper I could kick myself.

Yes, knowing that would have been nice.. .... we rushed to mail off the 751 just under the fee increase deadline... hahahahah... again... need to kick myself....

Oh well, at least now we know what we did wrong.... again..... sigh....... I'm getting too old for all this...

Thanks again! We'll post an update when we have one. I'm printing all the forms and instructions now....

Enoch & Mae

[radsr2002 0]

The I-485 would not normally be included in the k-3 packet by a attorney!

That would be a seperate filing and a seperate fee.

[Hilarious Clinton 452]

Thanks YuAndDan. I wish we had never involved an attorney in the first place. I think all it did was cost us several thousand dollars we didn't really have, and many headaches in the process. We had friends that did it all themselves and it was so much smoother and cheaper I could kick myself.

Yes, knowing that would have been nice.. .... we rushed to mail off the 751 just under the fee increase deadline... hahahahah... again... need to kick myself....

Oh well, at least now we know what we did wrong.... again..... sigh....... I'm getting too old for all this...

Thanks again! We'll post an update when we have one. I'm printing all the forms and instructions now....

Enoch & Mae

More proof to skip the attorney and DIY.