Didn't marry within 90 days. Want to file now.

[pocamuela 0]

Married my fiance within 5 months - not 90 days. Shortly after he came, there was a crisis involvng his family in Cuba. He was so upset and unsure if he would have to return there to help out, that we delayed the marriage. I read on this site that in such a case, we must file I-130 with the other AOS papers and send it to the local office. What does that mean? Vermont where I sent the original K1 petition? A friend who is an immigration lawyer said I can file as if we married on time, give an explanation, and send to Chicago Lock Box. What is the truth? Does anyone have experience with this? Do you think our explanation will be accepted? Thank you!

[YuAndDan 153]

File I-130 and I-485 together to base the I-485 on an approved I-130 petition. You don't send to local office you send the who package to Chicago.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

This is a FAQ:

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

Edited November 6, 2007 by YuAndDan

[LaL 418]

Married my fiance within 5 months - not 90 days. Shortly after he came, there was a crisis involvng his family in Cuba. He was so upset and unsure if he would have to return there to help out, that we delayed the marriage. I read on this site that in such a case, we must file I-130 with the other AOS papers and send it to the local office. What does that mean? Vermont where I sent the original K1 petition? A friend who is an immigration lawyer said I can file as if we married on time, give an explanation, and send to Chicago Lock Box. What is the truth? Does anyone have experience with this? Do you think our explanation will be accepted? Thank you!

Bolded is incorrect. You can file for AOS but you must also now file the I-130. Others will expound on this process which I know little about.

[pocamuela 0]

File I-130 and I-485 together to base the I-485 on an approved I-130 petition. You don't send to local office you send the who package to Chicago.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

This is a FAQ:

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

[pocamuela 0]

Thanks Yu and Dan. I did read the guiide - that's why I'm confused. First, which is the local office? Vermont or somewhere in my city? Second, I'd like to know if anyone has been through this process as I was given different information by an immigration attorney. Thanks again!

[YuAndDan 153]

Thanks Yu and Dan. I did read the guiide - that's why I'm confused. First, which is the local office? Vermont or somewhere in my city? Second, I'd like to know if anyone has been through this process as I was given different information by an immigration attorney. Thanks again!

You mail the whole package I-130, I-485, I-864, I-765, I-131... to the Chicago PO Box stated the I-485 directions, along with fees for I-485 ($1010) and I-130 ($355) Other forms (I-765, and I-131) are part of the ($1010) paid for I-485.

USCIS Lockbox Addresses:

For United States Postal Service (USPS) deliveries:

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited November 6, 2007 by YuAndDan

[pocamuela 0]

Thanks Yu and Dan. I did read the guiide - that's why I'm confused. First, which is the local office? Vermont or somewhere in my city? Second, I'd like to know if anyone has been through this process as I was given different information by an immigration attorney. Thanks again!

You mail the whole package I-130, I-485, I-864, I-765, I-131... to the Chicago PO Box stated the I-485 directions, along with fees for I-485 ($1010) and I-130 ($355) Other forms (I-765, and I-131) are part of the ($1010) paid for I-485.

USCIS Lockbox Addresses:

For United States Postal Service (USPS) deliveries:

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thank you so much, Yu and Dan. I really appreciate your help.

Pocamuela