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IwdMan

K1 visa Married after 90 day period HELP

By IwdMan in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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19 posts in this topic

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

You need to file I-130 in conjunction with the I-485. The AOS will be based on the I-130 petition rather than the K-1. This situation is not unheard of and the procedure to file the I-130 in this situation is explained on the USCIS website. You can save yourself the trouble of filing the I-131 again--she has been out of status a long time and won't be allowed to reenter the U.S. with the AP because of the out of status overstay.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

This has happened to others on VJ, You need to refile the AOS and include the I-130 with it. your new application will be based on the I-130 and they will be approved or denied together at the interview.

As said by others she must not leave the US now until she has her greencard or she will be denied entry, even with AP. You may also want to include a letter with the AOS explaining the mistake that you made and are now filing based on the enclosed I-130.

Jon

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Eric-Pris Experienced

Eric-Pris   1,606

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
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I did not know it was a serious problem, I even called an immigration lawyer before the 90 days were up and he told me that INS was behind processing applications so it would not be a problem.

I would go back to him to get you out of this mess.

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spookyturtle Grand Master

spookyturtle   9,465

Posted
Timeline
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You need to file I-130 in conjunction with the I-485. The AOS will be based on the I-130 petition rather than the K-1. This situation is not unheard of and the procedure to file the I-130 in this situation is explained on the USCIS website. You can save yourself the trouble of filing the I-131 again--she has been out of status a long time and won't be allowed to reenter the U.S. with the AP because of the out of status overstay.

This is good advice. If you are going to use a lawyer, find one that knows what they are doing. It amazes me how many incompetant lawyers are out there. When it comes to tough immigration cases, there are only a handful that know what they doing. Ask them about their experience with cases like yours, how many they have done and what the success rate is. Good luck to you, your case is doable. Just don't let her leave the country.

R.I.P Spooky 2004-2015

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