k-1 out of status for too long but now ready for AOS

[oldbie215 1]

Hello to all members here! Wanted help from you guys. I came here in US 2011 thru K-1 visa got married within 90 days to my fiancé and now husband(we are still married and living together) but we were not able to do the paperworks and since, I am out of status for a little over 4 years now.Few reasons why we didn't do the AOS right away and 1 is the financial.But now finally we can and ready to do my AOS so I have questions and hope you guys can help me.

1. Am I still eligible to do AOS since I am out of status for a very long time?

2. What are the forms that I needed to fill out? Is it the same? I heard I have to fill out I-130 now (besides I-485) since I am out of status for a very long time 'coz it is for petition of a relative or something like that..not sure..is it right?

3. I've heard too that I should get automatic 10 yr. GC instead of the 2 yr. one since I am married for more than 2 years,how true is this?

4. My passport is expired,Is it ok if I will just submit this one? I am scared to renew my passport bec. I do not have any valid ID's.

5. Is there someone here that had experience like my case?Would love to hear from you.Help me :(

Note:Got my new medical already.

I have a couple more questions but I forget,too much going on in my head.Ughhhh...Thank you so much you all!!

[newacct 688]

1. yes

2. the same. I-485

3. yes

4. I don't think you need to have a valid passport for AOS. But it would probably be a good idea to renew your passport

[oldbie215 1]

1. yes

2. the same. I-485

3. yes

4. I don't think you need to have a valid passport for AOS. But it would probably be a good idea to renew your passport

Thank you for the response...But,do I have to fill out I-130 too? besides the I-485

[newacct 688]

Thank you for the response...But,do I have to fill out I-130 too? besides the I-485

No, because you married within the 90 days, so you can adjust status based on the fiance petition.

[Hypnos 6,576]

You will need a valid identity document containing a photograph in order to have your biometrics taken, so you should renew your passport before beginning the process. I'm not sure they will take an expired passport as proof of identity.

[Pitaya 2,576]

Agree with the prior postings. It is likely a good idea to get your passport renewed now.

[KayDeeCee 4,891]

They will, and have, accepted expired passports for biometrics and AOS interviews.

And you do not need an I-130. You just need to follow the same guide for anyone applying for AOS from a K-1. You will need a new medical done, of course.

[oldbie215 1]

They will, and have, accepted expired passports for biometrics and AOS interviews.

And you do not need an I-130. You just need to follow the same guide for anyone applying for AOS from a K-1. You will need a new medical done, of course.

Hi KayDeeCee thank you for the reply...As I was searching more answers to my question I happened to came across a topic not similar as mine but close..Comments were different some said no need to do the I-130 just the same guide from a k-1 to apply AOS and some said I have to do the I-130 since I am out of status for 4 years.I sent a message to the sender but no luck he/she did not reply yet...Thinking to call USCIS but I am afraid they will track me where I live and get deported.Sorry I just have a negative mind can't help it too much on my head already..uggghhh... I just want to know if I really have to do the I-130 'coz it is additional fee..

Thank you all...Appreaciated all your inputs...

[Hypnos 6,576]

The only time a K-1 requires an I-130 is if they failed to marry within 90 days of PoE, but did eventually marry their petitioner.

It doesn't matter how long you were out of status, if you married within 90 days of PoE then you do not require an I-130.

Edited August 4, 2015 by Hypnos

[oldbie215 1]

I have had read that I need to do the I-130 now bec. its been way more than 2 years..and some said in order for me to get the 10 yr. GC instead the 2 yr I should file the I-130...I know u guys that responded me were same answers but when I did some searching other people have different answers too..that is why I'm kinda confuse.Anyways,thank you guys for responding.

[Hypnos 6,576]

It used to be the case that a K-1 needed to file an I-130 to obtain a ten year unconditional green card even if they had married within 90 days of PoE and they had been married for at least two years when their I-485 was adjudicated, but that is no longer the case. This was overturned by the BIA in Matter of Sesay in 2011, and so now a K-1 will receive an unconditional ten year green card if they qualify for it, without needing an I-130.

You do not need an I-130.

Edited August 4, 2015 by Hypnos

[KayDeeCee 4,891]

I have had read that I need to do the I-130 now bec. its been way more than 2 years..and some said in order for me to get the 10 yr. GC instead the 2 yr I should file the I-130...I know u guys that responded me were same answers but when I did some searching other people have different answers too..that is why I'm kinda confuse.Anyways,thank you guys for responding.

A K-1 used to be subject to receiving a 2 year conditional card, even if married over 2 years. That is why the I-130 would be filed along with the AOS forms, so that you base the AOS off of the I-130 approval instead of the I-129F approval. HOWEVER, there was a BIA ruling back in 2011 that stated a K-1 is not subject to get a conditional card if they have been married over 2 years. You, and others can look up Matter of Sesay.

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more than 2 years old at the time the adjustment application is adjudicated is not subject to the provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a (2006).

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf