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Background: I'm a US citizen. My wife immigrated to the US via K-1 visa in August 2024 and we got married within the required 90 days. My wife had a medical emergency that resulted in surgery and a lengthy recovery time, so we did not file adjustment of status before her I-94 expired in October 2024. I understand that as my spouse, she is considered an Immediate Relative so overstaying her I-94 will not be held against her when filing AOS. Still, I want to make sure we accurately fill out Form I-485. These are the questions I need clarification on:

Part 1, Question 14: What is your current immigration status (if it has changed since your last arrival)?

We answered: "K-1 Visa Holder/Expired I-94".
Is this acceptable? I've searched this forum and have also seen suggestions of "No Status" or "Out of Status" or "Expired K-1". We feel like "K-1 Visa Holder/Expired I-94" does a better job of telling the whole story, for what that's worth. I saw a comment (I think on Reddit) where someone claimed they left this part blank and still got their green card, but that seems ill-advised to me.

Part 9, Question 13: Have you EVER violated the terms or conditions of your nonimmigrant status?

We answered: "Yes".
Is this correct? I assume she violated the terms of her I-94 by remaining in the US after the expiration date. Other threads on this forum and Reddit mostly agreed, though I saw some people claim they answered "No" and still got their green card.

Part 9, Question 76: Since April 1, 1997, have you been unlawfully present in the United States? You were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security (DHS) Secretary or were present in the United States without being admitted or paroled.

We answered: "Yes".
Is this correct? This is the one we're the most stuck on, because it appears to be a newly-worded question in the latest edition of Form I-485. I assume this is basically the same as Question 13 above; she has overstayed her I-94 and is therefore now unlawfully present in the US. It's scary to answer "Yes" to a question that's essentially asking if my wife is breaking the law, but we will provide an explanation in Part 14. I've seen comments that claim an explanation isn't necessary since the penalty is waived for Immediate Relatives, but we still want to give one.

I apologize for being the thousandth person to post a thread along these lines. I've scoured this forum and Reddit and other sites but haven't found definitive enough answers to feel comfortable filling out I-485. Thank you for taking the time to read this.

I have an interesting situation. Apologies for the lenghthy text. I received a green card via marriage in 2010. I moved out of the USA back to my home country in 2013 but would continue to come back every year. A few times at the airport I was questioned as to why I'm only coming back for 4 weeks a year but was always let back in on my green card. When covid hit my flight was cancelled and I was actually looking to move back again full time in usa. Uncertain about Covid I decided to stay in my home country due to health care and family etc.... Shortly after covid hit, my mother had a massive stroke and I was stuck looking after her. My green card expired in 2020 so I thought I'll never be allowed to return to usa to live again. I was recently offered a very good job in usa from my brother so i reached out to an immigration attorney for options. He told me to apply for a replacement green card using I-90 form. He told me i might have a few outcomes. 1. I get denied.
2. I get an appointment for biometrics which can take months.
3. I get a new green card approved but the wait time is 20 months.
I decided to try option 3 and apply for a new green card. I applied on the 9th of Jan 2025 and on Jan 12th 2025 I got an update from USCIS that my new green card is approved and is being produced and will be with me in about 1 or 2 weeks.

Now. Here is my issue. I've been out of the usa for 5 years. I have a brand new 10 year green card but I fear that i will not be allowed entry once I fly to usa.

I can show evidence that I was my mothers caregiver from the hospital etc...

Any advice, similar scenarios or suggestions would be greatly appreciated.

Thanks!

P

In the updated Form I-134 (updated on the 13th Jan 2025), it states the following, 'Who May File Form I-134? You may file this form on behalf of yourself or on behalf of a B, F, or M nonimmigrant requesting extension of stay or change of status. Form I-134 may also be requested by Department of State in certain instances.

Do not use Form I-134 if the beneficiary you are agreeing to financially support must have Form I-864, Affidavit of Support Under Section 213A of the INA, filed on their behalf instead

In light of the above, can anyone clarify if the K1 Visa holder is NOW required to submit their Form I-134 when attending their interview...

Thanks

Hi everyone,

I would like to express my appreciation for everyone that advised me through my immigration journey.

Here is my immigration history;

I came to the US on fianc visa in July 2018. Got my conditional green card in September 2019. Applied for unconditional green card in June 2021, in the meantime got divorced and notified USCIS about it. In February 2023, USCIS sent me a RFE, I was already divorced and didn t have a lot of additional evidences to provide. I collected a bunch of affidavits from ex husband s family and our mutual friends. The RFE response was submitted and ever since USCIS received my response, I haven t heard back from them since April 2023. I became eligible for citizenship in June 2024 but waited for USCIS to resolve my I-751 but no luck. I submitted an inquiry on my case in July 2024, and nothing. So I ended up applying for the citizenship in September 2024. Got an update for scheduled interview in December 2024. I had my combo interview on Monday. I had an attorney with me because my I-751 wasn t resolved. My attorney advised me to bring all evidences that I had since I started dating my ex husband back in 2015. I printed 188 pages of our texts from 2016-2018. I found passport stamps from our trips while we were dating. All the pictures from dating period as well. I had chains of emails with my ex while we were married from 2020. I was able to get an emergency form with my ex husband s name on it from the previous employer while I was married.
My ex husband and I tried to get back together more than once after divorce, my attorney told me to bring an evidence on that as well. So I printed pictures from that period, we went to several events together like his brother s wedding and his nephew s birthday.
The officer was satisfied with all the evidences that I brought and said that my evidences are sufficient. I explained my whole marriage/divorce situation and was honest about it.
Today my I-751 case status updated to Case was approved and my N400 to Oath ceremony notice was mailed .

This was an emotional and extremely stressful roller coaster and I can t explain how relieved I am today. I wish that for everyone. My advice to everyone that is going through this: Be honest and there is nothing to worry about. Don t be worried telling the truth no matter what the truth is. Every human being is going to appreciate your honesty.

Good luck everyone!

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