K-1 visa

[karimabee 0]

Hello, my name is Karim. I am new to this forum, however I have been a long time visitor of VisaJourney.com. I must say that this has been an invaluable resource and many of the topics posted in these forums have been incredibly helpful and uplifting throughout this entire process.

but here is my question.....i came to America through K-1 Visa and i got married in my 90 days....after that i filed my I-485 to adjust my visa status, but anytime i filed it the uscis office at Phoenix Az keep returning to me three times...and now my visa has expires so we called the uscis office and they told us to file it to Chicago and it been 4days now nothing has haed from them so what will happen to me??? will i be deported or what? or incase my I-485 get back again to me what will happen? just confused need answer cos i can't even sleep and eat so please need help...whats my stand??

Karim

[Harpa Timsah 13,258]

Don't panic. You are fine. You married within the 90 days and therefore fulfilled the requirements of your K-1 visa. You are permitted to file for AOS after your 90 days are up as long as you got married within the 90 days. Read the guides, because if you are sending your AOS package to your local office, you may have missed some other important instructions in there! You need to send to the the Chicago Lockbox designated in the instructions.

http://www.visajourney.com/content/k1k3aos

No need to panic! Good luck!!

[newlyweds2010 208]

First: eat relax and sleep.

Second: you kept sending the AOS package to the Phoenix USCIS office? well, the reason why they kept sending it back to you is that you had to send it to the Chicago Lockbox. Phoenix is not competent to receive them, although it may be your local USCIS office.

Third: your visa expired the moment you were admitted at the POE because it is a 1-entry visa. At the POE you receive a form called I-94 that is valid for 90 days.

passed that time, you will not be deported if you married the USC petitioner of your K1 visa within 90 days upon your entry into the US, which - I understand - you did. The fact that you are in AZ (I just assume it from the fact that you were sending your AOS to Phoenix) may complicate things a little because as you will surely know the cops there can ask about your immigration status, but this doesn't mean that you'll be sent back home.

By the way, is your I-94 expired now? In other words, have you been in the US for more than 90 days already? Even if this is the case, you can still adjust status based on your marriage, so no particular worries about that. The only thing that I'd suggest, especially since you are in AZ, is to always carry with you your latest immigration related papers. In this case, until you receive the NOA for the AOS, keep a photocopy of your marriage certificate with you at all times.

Fourth: if you sent the AOS to the correct address in Chicago, you will receive a Notice of Action (the NOA that I mentioned above) within approximately 2 weeks. In the meantime you can keep track of the thing by watching when your check is being cashed.

Fifth: at that point, make a copy of the NOA to keep in your wallet at all times, sit back, relax and wait patiently.

Edited November 28, 2010 by newlyweds2010

[Kathryn41 3,205]

Hello, my name is Karim. I am new to this forum, however I have been a long time visitor of VisaJourney.com. I must say that this has been an invaluable resource and many of the topics posted in these forums have been incredibly helpful and uplifting throughout this entire process.

but here is my question.....i came to America through K-1 Visa and i got married in my 90 days....after that i filed my I-485 to adjust my visa status, but anytime i filed it the uscis office at Phoenix Az keep returning to me three times...and now my visa has expires so we called the uscis office and they told us to file it to Chicago and it been 4days now nothing has haed from them so what will happen to me??? will i be deported or what? or incase my I-485 get back again to me what will happen? just confused need answer cos i can't even sleep and eat so please need help...whats my stand??

Karim

Hi Karim,

Welcome to Visa Journey. Yes, you need to follow the instructions on the AOS I-485 application form correctly. There are different addresses to mail the form depending on why you are applying for AOS. The form states that anyone who is filing to adjust status from a K-1 visa needs to submit the form to the Chicago Lockbox address. That is why it was returned to you 3 times from the Phoenix address. You mailed it to the wrong address. You have filed it to the correct address now. 4 days over a holiday weekend is too short of a time to expect a response back, though. Once the package is accepted they will mail you back a letter called a Notice of Action saying they have received your application. You should receive the NOA in a few days to a few weeks. It might be longer since a holiday weekend is involved. Don't worry, though - you won't be deported.

The important part of applying for the AOS as a K-1 is that you need to have got married within those 90 days. You did that. You do not need to have filed for the I-485 within those 90 days although it is in your best interest to do so. The time between when your 90 days on the I-94 are up and your AOS application is filed will be considered 'out of status' but will not be a problem to you unless they are longer than 180 days.

Many people are not able to mail their AOS before their 90 days - such as they needed to wait until they received back their marriage certificate or had to wait a few more weeks until they returned from the honeymoon, or things like that.

If your I-485 package is mailed back to you again, you need to correct what is wrong ( did you sign all of the forms? include the right amount of fee? things like that) and then mail it back again.

Once the application is accepted, you are once again considered to have a legal status within the US as 'AOS applicant waiting for a decision". The NOA will be your proof that you have filed for the AOS so you can make a photocopy of it and carry that with you if you are worried about proving your status.

You may also receive another notification after your package has been accepted. USCIS may request more information from you and if they do, they will send you a notice called an RFE ' Request for Evidence". If you get an RFE, then you need to send in whatever it is they request. They will not make a decision until you do send the information back or the time they give you to send it back runs out.

Good luck. I am sure you will receive your NOA soon. In the meantime, don't worry and get some sleep .

Edited November 28, 2010 by Kathryn41

[VanessaTony 3,567]

** moved from "K1 Process & Procedures" to "AOS (Family)" as this is regarding AOS from a K1 **

[Nich-Nick 3,353]

Hello, my name is Karim. I am new to this forum, however I have been a long time visitor of VisaJourney.com. I must say that this has been an invaluable resource and many of the topics posted in these forums have been incredibly helpful and uplifting throughout this entire process.

but here is my question.....i came to America through K-1 Visa and i got married in my 90 days....after that i filed my I-485 to adjust my visa status, but anytime i filed it the uscis office at Phoenix Az keep returning to me three times...and now my visa has expires so we called the uscis office and they told us to file it to Chicago and it been 4days now nothing has haed from them so what will happen to me??? will i be deported or what? or incase my I-485 get back again to me what will happen? just confused need answer cos i can't even sleep and eat so please need help...whats my stand??

Karim

I wanted to add that there was a fee increase Tuesday, Nov. 23. If you mailed to Chicago on Tuesday or later the fee would be $1070. If you only re-sent your original payment of $1010, then you can expect the whole package to be returned again for the correct payment. If it was postmarked by Monday, then $1010 is okay.

[marpny24 0]

Hello, my name is Karim. I am new to this forum, however I have been a long time visitor of VisaJourney.com. I must say that this has been an invaluable resource and many of the topics posted in these forums have been incredibly helpful and uplifting throughout this entire process.

but here is my question.....i came to America through K-1 Visa and i got married in my 90 days....after that i filed my I-485 to adjust my visa status, but anytime i filed it the uscis office at Phoenix Az keep returning to me three times...and now my visa has expires so we called the uscis office and they told us to file it to Chicago and it been 4days now nothing has haed from them so what will happen to me??? will i be deported or what? or incase my I-485 get back again to me what will happen? just confused need answer cos i can't even sleep and eat so please need help...whats my stand??

Karim

hi!!!did they mailed back to you all the documents...I also mailed it to arizona not in chicago..im just waiting for them to send it back to me. How long did you wait before they send back to you your documents.

Thanks