Jump to content

5 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Ukraine
Timeline
question i am about to file for my husband ... should i file all forms together.. for my husband (overstayed k1 visa) all together or should i do the 1130 and 1485 first and wait to hear something... :blush:

WOW! No timeline...nothing. Well, let me try to decipher the code

First, you cannot "overstay" a K-1 visa. K-1 visas are CANCELLED upon arrival and replaced by an I-94. They I-94 expires in 90 days during which time you MUST be married. Provided you were married during the 90 day period, there is no "overstay". Your husband is "out of status" This is not such a big problem. But you need to get AOS filed.

For AOS from a K-1 there is no need for an I-130. You file an I-485. If you choose, you can also file for an AP (I-131) and EAD (I-765) HOWEVER, someone can correct me if I am wrong, but if he is out of status I do not think he can recieve an AP. There is no additional fees if you file all the forms together.

Next, read the guides for adjustment of status


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites
question i am about to file for my husband ... should i file all forms together.. for my husband (overstayed k1 visa) all together or should i do the 1130 and 1485 first and wait to hear something... :blush:

WOW! No timeline...nothing. Well, let me try to decipher the code

First, you cannot "overstay" a K-1 visa. K-1 visas are CANCELLED upon arrival and replaced by an I-94. They I-94 expires in 90 days during which time you MUST be married. Provided you were married during the 90 day period, there is no "overstay". Your husband is "out of status" This is not such a big problem. But you need to get AOS filed.

For AOS from a K-1 there is no need for an I-130. You file an I-485. If you choose, you can also file for an AP (I-131) and EAD (I-765) HOWEVER, someone can correct me if I am wrong, but if he is out of status I do not think he can recieve an AP. There is no additional fees if you file all the forms together.

Next, read the guides for adjustment of status

He can get the AP - depending on how long out of status he was determines if he should use it or not.. (more than 180+ days - don't).


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

Moving this to the correct forum (AOS),, the K-1 forum has to do with filing the I-129F.

:time:http://www.visajourney.com/timeline/profile.php?id=69272

DID YOU MARRY within the 90 days of the I-94? This will determine if the I-130 is needed or not.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.13 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline
question i am about to file for my husband ... should i file all forms together.. for my husband (overstayed k1 visa) all together or should i do the 1130 and 1485 first and wait to hear something... :blush:

WOW! No timeline...nothing. Well, let me try to decipher the code

First, you cannot "overstay" a K-1 visa. K-1 visas are CANCELLED upon arrival and replaced by an I-94. They I-94 expires in 90 days during which time you MUST be married. Provided you were married during the 90 day period, there is no "overstay". Your husband is "out of status" This is not such a big problem. But you need to get AOS filed.

For AOS from a K-1 there is no need for an I-130. You file an I-485. If you choose, you can also file for an AP (I-131) and EAD (I-765) HOWEVER, someone can correct me if I am wrong, but if he is out of status I do not think he can recieve an AP. There is no additional fees if you file all the forms together.

Next, read the guides for adjustment of status

He can get the AP - depending on how long out of status he was determines if he should use it or not.. (more than 180+ days - don't).

Thanks Bobby, I wasn't clear on that.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...