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todNasmeen

Failed to Adjust Status after they got married

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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!


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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.


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And in this crazy life, and through these crazy times

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You're every line, you're every word, you're everything.

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Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

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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

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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" :D(F)


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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 by Tero

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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) (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^


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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.

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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.

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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 :D

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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 :D

:yes:

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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.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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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.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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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.

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