HELP!!!AOS was not file for 5 years

[je & wyn 4]

I petition my fiance 5 years ago as K1 everything went all ok, he came in here in the US we been married for almost 5 years already and living here in the US.The problem is I did not process all the necessary adjustments since then, please don't ask anymore why, Want to ask your opinion guys if I can just instead apply for a petition as a husband instead of adjusting his status from K1, there is no problem with other things just the very long delay of filing his status. Please help, need badly your advise.

 

[geowrian 22,335]

Yes, you can still file for AOS. You will also need to file an I-130. Your fiance has overstayed for ~5 years, but that will be ignored for AOS purposes. They were very lucky not to have been detained or deported, though. The sooner you file, the better.

[je & wyn 4]

Thank you so much for your rely geowrian , I appreciate it, my husband did not travel or work since he came in here in the US nothing was done even SSN i was not able to get,,,just clarification do you mean I need to file I -30, but why do I need to File also AOS?

[geowrian 22,335]

2 minutes ago, je & wyn said:

Thank you so much for your rely geowrian , I appreciate it, my husband did not travel or work since he came in here in the US nothing was done even SSN i was not able to get,,,just clarification do you mean I need to file I -30, but why do I need to File also AOS?

You're welcome. You need to file for AOS to obtain legal permanent resident (LPR) status (aka your "green card"). Since you overstayed the terms of your visa, you need the I-130 as well. There's a guide here with what you need:

 

http://www.visajourney.com/content/i130guide2

 

Note: I'm assuming you're a US citizen (USC). If this is incorrect, then there's a different process to follow.

 

[p-ana 933]

Just now, geowrian said:

You're welcome. You need to file for AOS to obtain legal permanent resident (LPR) status (aka your "green card"). Since you overstayed the terms of your visa, you need the I-130 as well. There's a guide here with what you need:

 

http://www.visajourney.com/content/i130guide2

 

Note: I'm assuming you're a US citizen (USC). If this is incorrect, then there's a different process to follow.

 

The i130 is only needed if they did not marry within the 90 days of the foreign fiancés entry

[geowrian 22,335]

Just now, p-ana said:

The i130 is only needed if they did not marry within the 90 days of the foreign fiancés entry

You're right. That was my assumption...and now that I re-read the original post, I'm not certain if that assumption is correct or not.

 

@je & wyn Did you marry within the permitted timeframe (90 days of entering the US)? If so, then you can skip the I-130. If not, then you need the I-130.

[je & wyn 4]

@geowrian yes I'm the petitioner I'm a US citizen and with did get married within 90 days he arrived here 3/9/2012 and we got married 5/26/2012

I'm just a bit confused coz I was thinking if I can skip the AOS from the original K1 petition and instead directly file instead the IR1 since he is already married to and US citizen who is me, so I was thinking it will be just the same I could save several steps in doing that. I'm not sure as well if that would be a correct thing to do. Please advise

[Hypnos 6,576]

Follow the guide linked above. 

[je & wyn 4]

@Hypnos hi thanks alot but can you please sent me again the link coz for any reason it was not attached 

[Hypnos 6,576]

http://www.visajourney.com/content/i130guide2

[je & wyn 4]

@Hypnos Thanks alot for you help....:)

[geowrian 22,335]

22 minutes ago, je & wyn said:

@geowrian yes I'm the petitioner I'm a US citizen and with did get married within 90 days he arrived here 3/9/2012 and we got married 5/26/2012

I'm just a bit confused coz I was thinking if I can skip the AOS from the original K1 petition and instead directly file instead the IR1 since he is already married to and US citizen who is me, so I was thinking it will be just the same I could save several steps in doing that. I'm not sure as well if that would be a correct thing to do. Please advise

You don't need an IR-1. You can't even get it. IR-1 is a visa. You don't need a visa because you are already in the US. You already qualify for AOS.

[je & wyn 4]

@geowrian oh yeah I apologize  what I mean is the I -130 but not the the usual AOS process that my husband have to go thru from the K1 visa, what I mean is to just directly file for a petition as a husband of an American citizen  because thru that I believe I will be saving alot of time and steps to go thru, and since he was been married to me already for almost 5 years so we don't  need to go thru the removal of conditional status anymore, correct me if I'm mistaken.thanks you!

[caliliving 606]

Overstay is forgiven...i waited almost 3yrs to file it happens! All is well:) it wasnt even brought up. I would file asap with everything happening currently. 

[je & wyn 4]

@caliliving thanks for your response,  but one quick question  since you waited for 3 years did you file directly the I-30? And not the usual process of adjustment of status from the K1 coz as far I could remember the AOS  from the K1 had more steps to do, like removal of conditional immigrant status while in I-30 it's like it's a petition for an  alien husband, wherein there will no more conditional status since we been married for almost 5 years. Correct me if I'm wrong.