Failed to Adjust Status after they got married

[todNasmeen 0]

A friend of mine got married before 90 days her K1 Visa will expire BUT they failed to file an Adjustment of Status, what will happen to her? Is she going to be deported? It has been almost three years since she arrived in United States, her husband's reason was that they do not have money yet to pay for the "fees". Until now, my friend does not have a Social Security and because of that she cannot apply for a job. Your answers are very appreciated! Thank you very much!

[amykathleen2005 441]

Really, he couldn't have begged or borrowed the $1000 in three years. It would have helped their financial situation incredibly because she would have been able to work. They can still adjust, but will need to file the I-130 along with I-485 when they file.

[VanessaTony 3,567]

A friend of mine got married before 90 days her K1 Visa will expire BUT they failed to file an Adjustment of Status, what will happen to her? Is she going to be deported? It has been almost three years since she arrived in United States, her husband's reason was that they do not have money yet to pay for the "fees". Until now, my friend does not have a Social Security and because of that she cannot apply for a job. Your answers are very appreciated! Thank you very much!

First things first. If she runs into ICE officials she CAN be detained and he'll need to pay the legal feels for all of that, tens of thousands of dollars. She won't be deported but they will say she needs to AOS asap.

Now that it's been so long she will need to file the I-130 and the I-485 at the same time. She will also need a new FULL medical and that will cost a few hundred dollars. The up side is she'll get a 10 year GC.

She will also have needed a SSN to file taxes, unless she has an ITIN, because he will have needed to file taxes as married and provided her details.

His laziness has taken the fee that WOULD have been $1010 (less than that because it was several years ago and MUCH cheaper then) to $1070 for the I-485, $420 for the I-130 and around $200+ for the medical. That's over $600 more than it WAS back when she first arrived. In 3 years he could have put away $10 a week that's $1560... he couldn't even afford that??

He needs to file the AOS for her soon. True there is no "due date" but it isn't fair at all to her... She could have applied for US citizenship by now :S

[todNasmeen 0]

Really, he couldn't have begged or borrowed the $1000 in three years. It would have helped their financial situation incredibly because she would have been able to work. They can still adjust, but will need to file the I-130 along with I-485 when they file.

thank U very muCh "amykathleen"

[Tero 105]

I'm in the mood of copying and pasting today ...

How Does Your Alien Fiancé(e) Obtain Permanent Resident Status?

Your alien fiancé(e) may apply for conditional permanent resident status after you have entered into a valid marriage to each other within 90 days of your fiancé(e)'s entry into the United States. Your alien spouse should then apply promptly to USCIS for adjustment of status to conditional permanent resident, using Form I-485, Application to Register or Adjust Status.

How Does Your Spouse Become a Permanent Resident Without Conditions?

Both you and your conditional permanent resident spouse are required to file a petition, Form I-751, Petition to Remove the Conditions on Residence, during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent residence. Children who were admitted as conditional permanent residents with your spouse may be included in the joint petition to remove the conditions.

The rights, privileges, responsibilities and duties that apply to all other permanent residents apply equally to a conditional permanent resident to file petitions on behalf of qualifying relatives, or to reside permanently in the United States as an immigrant in accordance with the immigration laws.

Notice

Failure to file Form I-751, Petition to Remove the Conditions on Residence, will result in termination of permanent residence status and initiation of removal proceedings.

Edited February 21, 2011 by Tero

[todNasmeen 0]

First things first. If she runs into ICE officials she CAN be detained and he'll need to pay the legal feels for all of that, tens of thousands of dollars. She won't be deported but they will say she needs to AOS asap.

Now that it's been so long she will need to file the I-130 and the I-485 at the same time. She will also need a new FULL medical and that will cost a few hundred dollars. The up side is she'll get a 10 year GC.

She will also have needed a SSN to file taxes, unless she has an ITIN, because he will have needed to file taxes as married and provided her details.

His laziness has taken the fee that WOULD have been $1010 (less than that because it was several years ago and MUCH cheaper then) to $1070 for the I-485, $420 for the I-130 and around $200+ for the medical. That's over $600 more than it WAS back when she first arrived. In 3 years he could have put away $10 a week that's $1560... he couldn't even afford that??

He needs to file the AOS for her soon. True there is no "due date" but it isn't fair at all to her... She could have applied for US citizenship by now :S

Thank you very much for your response Tony&Vanessa.. I really appreciate it! ^O^ (F) (F)

I'm in the mood of copying and pasting today ...

How Does Your Alien Fiancé(e) Obtain Permanent Resident Status?

Your alien fiancé(e) may apply for conditional permanent resident status after you have entered into a valid marriage to each other within 90 days of your fiancé(e)'s entry into the United States. Your alien spouse should then apply promptly to USCIS for adjustment of status to conditional permanent resident, using Form I-485, Application to Register or Adjust Status.

How Does Your Spouse Become a Permanent Resident Without Conditions?

Both you and your conditional permanent resident spouse are required to file a petition, Form I-751, Petition to Remove the Conditions on Residence, during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent residence. Children who were admitted as conditional permanent residents with your spouse may be included in the joint petition to remove the conditions.

The rights, privileges, responsibilities and duties that apply to all other permanent residents apply equally to a conditional permanent resident to file petitions on behalf of qualifying relatives, or to reside permanently in the United States as an immigrant in accordance with the immigration laws.

Notice

Failure to file Form I-751, Petition to Remove the Conditions on Residence, will result in termination of permanent residence status and initiation of removal proceedings.

Thank you Spero ^O^

[VanessaTony 3,567]

I'm in the mood of copying and pasting today ...

How Does Your Alien Fiancé(e) Obtain Permanent Resident Status?

Your alien fiancé(e) may apply for conditional permanent resident status after you have entered into a valid marriage to each other within 90 days of your fiancé(e)'s entry into the United States. Your alien spouse should then apply promptly to USCIS for adjustment of status to conditional permanent resident, using Form I-485, Application to Register or Adjust Status.

How Does Your Spouse Become a Permanent Resident Without Conditions?

Both you and your conditional permanent resident spouse are required to file a petition, Form I-751, Petition to Remove the Conditions on Residence, during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent residence. Children who were admitted as conditional permanent residents with your spouse may be included in the joint petition to remove the conditions.

The rights, privileges, responsibilities and duties that apply to all other permanent residents apply equally to a conditional permanent resident to file petitions on behalf of qualifying relatives, or to reside permanently in the United States as an immigrant in accordance with the immigration laws.

Notice

Failure to file Form I-751, Petition to Remove the Conditions on Residence, will result in termination of permanent residence status and initiation of removal proceedings.

Can you provide the source for this? Because there SHOULD be a mention of LPR's filing WITHOUT the USC, this implies that the immigrant and USC MUST file together which isn't true. Maybe there's mention of that where you got the rest of this.

[Tero 105]

Can you provide the source for this? Because there SHOULD be a mention of LPR's filing WITHOUT the USC, this implies that the immigrant and USC MUST file together which isn't true. Maybe there's mention of that where you got the rest of this.

Sorry I forgot to give the source. It is on the Instructions for Form I-129F, Page 6.

[VanessaTony 3,567]

Sorry I forgot to give the source. It is on the Instructions for Form I-129F, Page 6.

Ahh... so here: http://www.uscis.gov/files/form/i-129finstr.pdf page 6. I had a look and it doesn't mention sole filing.. which makes sense 'cause you don't really wanna advertise that you CAN leave your USC and no issue...

So the ROC instructions here: http://www.uscis.gov/files/form/i-751instr.pdf Page 1 mentions "filing asking the joint requirement be waived" but doesn't go into detail so you need to go page 2, second column discusses the various kinds of sole filing.

Doesn't really relate to the OP but continues on with your previous post

[Tero 105]

Ahh... so here: http://www.uscis.gov/files/form/i-129finstr.pdf page 6. I had a look and it doesn't mention sole filing.. which makes sense 'cause you don't really wanna advertise that you CAN leave your USC and no issue...

So the ROC instructions here: http://www.uscis.gov/files/form/i-751instr.pdf Page 1 mentions "filing asking the joint requirement be waived" but doesn't go into detail so you need to go page 2, second column discusses the various kinds of sole filing.

Doesn't really relate to the OP but continues on with your previous post

[Krikit 1,163]

Moving from New Life in America to AOS Process.

[john_and_marlene 162]

Now that it's been so long she will need to file the I-130 and the I-485 at the same time. She will also need a new FULL medical and that will cost a few hundred dollars.

Unless something has changed since the last time I checked, the I-130 would only be needed if the marriage took place after the 90 days. Since they married within the 90 days, the can apply for AOS based on the K-1 entry and do not need the I-130.

[Harpa Timsah 13,258]

Unless something has changed since the last time I checked, the I-130 would only be needed if the marriage took place after the 90 days. Since they married within the 90 days, the can apply for AOS based on the K-1 entry and do not need the I-130.

This is true, but the couple would (probably) be given a 2-year conditional GC (Legal prescription that a I-485 based on an approved I-129F results in a 2-year GC, no matter the length of marriage, which admittedly contradicts the post-2 year marriage/ 10-year GC rule, but we have examples of this happening). By filing the I-130 they guarantee they can get the proper 10-year GC and avoid ROC, which has been discussed here before.

[Brother Hesekiel 2,235]

There are 3 reasons why the US citizen spouse fails to file for AOS as soon as possible after the marriage:

1) He/She is abusive, trying to have leverage on the foreign spouse, wants to be able to get rid of her/him if the need arises.

2) They are as poor as a mouse living under the bench of a church.

3) He/She is extremely smart.

Let's assume #3 is the case.

Now, AOS will require to file an I-130 ($420) in addition to the I-485 ($1,070). A new medical is also required.

Yet, the foreign spouse gets an unrestricted 10-year Green Card and the couple does not have to file for Removal of Conditions, which saves them $590 and a lot of headaches.

Then again, in the past 3 years the foreign spouse could have contributed to the family's income, so maybe the US citizen spouse wasn't that smart after all, which would eliminate #3. Which leaves us with #1 or #2, or a combination thereof.

[VanessaTony 3,567]

Unless something has changed since the last time I checked, the I-130 would only be needed if the marriage took place after the 90 days. Since they married within the 90 days, the can apply for AOS based on the K-1 entry and do not need the I-130.

What Harpa said. If you file AOS 2 years after you've been married you are supposed to get a 10 year GC, but there's a K1 rule (or something) that says you MUST have a conditional card first so the conflicting rules can cause issues down the line. To save hassles you're better off filing the I-130 if you've been married more than 2 years and you'll get the 10 year card and thus avoid ROC.

It means they'll definitely get an interview, and it means they'll need the same amount of evidence had it been ROC. There's a fair few posts about this and Jim actually mentions/knows the laws.