AOS Denied on spurious grounds

[bryane1 7]

Hi all, I am at a loss to understand my AOS was denied yesterday on the grounds I submitted it prior to my marriage. It was submitted with a covering letter outlining my reason for doing so Copy of the letter....

Sir ,
I humbly submit this application ahead of of my marriage to my intended spouse on the grounds that our mariage is scheduled for 02/14/2014 and that my K1 visa date expires on the 02/25/2014, my concern is due to the shortness of time between those dates, would be insufficient to submit this application, also I have included our marriage licence as verfication of our intention to honour our vows and supply a marriage certificate when it becomes available in due course.

It seems this was acceptable by the National office who held my I 485 package until they received our Official marriage certificate before sending it onto the Santa Ana office where my AOS was denied on the grounds that we were not married at the time of filing. How can this just when the National Office accepted it and processed it further yet can be denied by the service centre? Or was the Service centre Official playing "GOD"!!!!!!! When all that had to be done was update the I 485 form. We were told, it would seem we would have to restart the process again and pay another $1000 for the privilage.

I am considering submitting this to the USCIS Ombudsman's Office for a reconsideration of the decisions,

Any thoughts any one? as it seems the avenue for an appeal are minimal?
.

[Penny Lane 8,159]

Your K1 visa expired the moment you used it to enter the United States. You then have 90 days to get married. You do not have to get married before the expiration date on your K1 visa. The expiration date is to tell you how long you have to enter the United States using it.

There is no timeline in which you HAVE to submit your AOS, as long as it's after your marriage.

The entire point of your adjustment of status is to prove that you did go through with the marriage you received your K1 visa for and that your marriage is legitimate.

I'm not exactly sure what you thought you were doing, to be honest.

Edited April 9, 2014 by Penny Lane

[aaron2020 11,651]

Hi,

Unfortunately, the mistake is on your part. You applied before marriage when you were not qualified.

Acceptance of your submission does not mean that you qualify to adjust. It merely puts you in line.

Your only choice is to resubmit now that you are married.

Best of luck.

[elmcitymaven 9,711]

You have to be married to apply for AOS. Until you are married, your status is that of a K1 entrant. Then you adjust status based on marriage. No marriage, no eligibility for changing status. I'm surprised it went as far as it did before it was caught.

[belinda63 2,981]

You have to be married to file for AOS based upon a K-1 Visa. You already provided intent to marry when the petition was filed and again when the visa interview was held. For AOS you must be married. They were correct to deny your AOS petition as you were not married when you filed it. They have to comply with US law and the regulations.

You did not have to file prior to marriage. You have all the time in the world to file for AOS after you marry (within 90 days) of arriving. The only downside is you will be out of status and subject to detention/court proceedings if you fail to file prior to the expiration of the I-94. As of right now you are out of status until you file a new AOS application.

Edited April 9, 2014 by belinda63

[ChicagoSarah 127]

I agree with everyone else. I would be surprised if they would reconsider your case since you filed too early. As everyone else has said, you have to marry within 90 days on a K1, but you do not technically have a deadline for submitting AOS. You will be out of status, and this will be forgiven when your AOS is processed. The sooner you process AOS, EAD/AP, the sooner you can work, get a driving license, etc.

I would say that you'll likely have to resubmit a new application and pay new fees associated with it.

[milimelo 4,167]

Sorry but nothing for anyone to reconsider at USCIS - you failed to follow the instructions - they adjudicated your AOS and denied it.

Re-file with the marriage certificate and supporting documents - should have plenty by now including taxes. Unfortunately you will have to pay the fees again.

[Darnell 8,478]

the poe date was 2013-11-28

so if you not get married within 90 days after,

but did get married

then

it's not only a I-485 set,

but you need to add in an I-130.

Sorry.

[Merrytooth 5,748]

the poe date was 2013-11-28

so if you not get married within 90 days after,

but did get married

then

it's not only a I-485 set,

but you need to add in an I-130.

Sorry.

Wow, that's a good catch

[aaron2020 11,651]

the poe date was 2013-11-28

so if you not get married within 90 days after,

but did get married

then

it's not only a I-485 set,

but you need to add in an I-130.

Sorry.

OP stated that the marriage was scheduled for 2/14/2014 which is within the 90 days after entry on 11/28/2013.

As long as they were married by 2/25/2014 (90 days from 11/28/2014), there is no need for an I-130.

[Darnell 8,478]

yup yup .. we're on the same page.

[Gail83 21]

the poe date was 2013-11-28

so if you not get married within 90 days after,

but did get married

then

it's not only a I-485 set,

but you need to add in an I-130.

Sorry.

Does an I-130 apply if you arrived on a K1 visa but didn't get married in 90 days? Just wondering as I was under the impression that if you came on a K1 and married after the 90 days you couldn't apply for AOS as it wouldn't meet the criteria for AOS from a K1.

[Darnell 8,478]

yup, that I-I-130 is required if marriage date > 90 days for a K-1 visa holder.

It's a different adjustment of status type, and is allowed.

[aaron2020 11,651]

Does an I-130 apply if you arrived on a K1 visa but didn't get married in 90 days? Just wondering as I was under the impression that if you came on a K1 and married after the 90 days you couldn't apply for AOS as it wouldn't meet the criteria for AOS from a K1.

Hi,

K1 + marriage within 90 days = can file for AOS without an I-130 at any time (even after 90 days and the K-1 is out of status).

K1 + marriage after 90 days = I-130 required when filing for AOS.

So, a person who comes on a K1 and marries after the 90 days can apply to adjust but is required to have an I-130.

[Gail83 21]

Hi,

K1 + marriage within 90 days = can file for AOS without an I-130 at any time (even after 90 days and the K-1 is out of status).

K1 + marriage after 90 days = I-130 required when filing for AOS.

So, a person who comes on a K1 and marries after the 90 days can apply to adjust but is required to have an I-130.

Ok now I understand, thanks for clarifying that.