Rachel n Tyler

We crossed yes on 13 and 76. For my explanation I put this on the last page: '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' I'm not sure what your explanation would be as I don't know your case, but that's what I did.

I'm unsure if its absolutely NECESSARY, as I can't find it in the instructions of the I-485, after you filed and you get your receipt, you can continue to add evidence online. However, it'll be hard to do so if you can't add her to anything. I'm assuming she's been in the US longer than 75 days?

Well since we got denied I also opened our joint bank account today and added it to the proof before we send it off this afternoon. Guess I won't have to do that online anymore!

Yeah I looked on Reddit etc too and it's all too long for me. I wanted to go back home for Christmas but my parents are temporarily moving to another country anyway, so I'm not in a rush.Hoping no one gets sick in the meantime!!

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

What I personally did is I printed out pictures and glued/taped them to a A4 piece of paper, writing about the picture's location/date. I had 2 pictures per trip, 6 trips, 6 pages. And then I also included boarding passes. Me personally, I had everything in those clear protection things, but later found out it's a hassle for them. It's better to photocopy the boarding passes so they don't get lost, or staple them to a piece of paper. And then in the end I'd grab a huge paperclip and paperclip it together. I'm unsure if a paperclip is allowed, but it probably is right?

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?

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.

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'

Ah #######.

Technically we're all overstaying until the 485 is accepted, so I don't think they'd care too much. And if they did, I'm sure we would've heard it by now. I did scan in my rejection notices to show we filed our first AOS on time, if needed

Yeah I can't find anything in the 485 instructions either. Only thing it mentions is 'K-1 principals who marry their U.S. citizen I-129F petitioners within the requisite 90-day period after admission to the United States in K-1 status, and their K-2 children always have an immigrant visa immediately available, and therefore, can file Form I-485 as soon as the K-1 principal has married the U.S. citizen.'

I think filing for AOS within the 90 days is not a part of the conditions/terms. Everywhere I look it just states you have to marry within the 90 days and that's it

Alright thanks. I think we messed that one up on the previous filing too LOL. My husband filled it in at the time, so lord knows... All done with redoing everything, now scanning everything in (listening to your advice) and then probably send it off tomorrow!!! Fixed 3 mistakes lol

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?

Especially knowing how long some things take here with the gov.... XD

Yeahhh I'm not, so that was my concern. Thanks!!

Agreed.. When I first filed I didn't realise the difference was this big tbh. Quick question, is my current immigration status still k1 visa holder?

Looking to get an opinion, do you guys think it's worth it to file I-131? It's saying an estimate of 21,5 months on the USCIS processing time website, and nobody else filed it either hahaha.

Ah yeah, that makes sense. I was gonna ask if I should include it,so I will haha.

I just noticed there's something printed/stamped at the bottom of everything.. I think I'll play it safe and just reprint EVERYTHING. Except my marriage license because it's certified and it would be a waste of 10 dollars...

Do y'all think they'd care about 2 staple holes in copies of like my passport and birthcertificate etc.....

I did the same on my original application, just wasn't sure. The job I had was for almost 6 years so I'm only listing that one

The only question that confuses me right now is the employment one. Should I only fill in my previous employment, or should I put unemployed first and THEN my previous employment?

.. Y'all are life savers...