Filing adjustment of status on k1

[love9708 0]

I really have several questions.

If my AOS is denied will they refund the filing cost to me? if so, is it automatic or do i have to fight them for it?

This is more a techincal question rather than procedural question. When proving my income for the k1 visa i used two separate bank accounts, the first bank accoount of 7 thousand dollars was in my name alone, the second bank account however of 21 thousand dollars had mine and one other name on it. They eventually approved me for k1 visa, will they also approve my AOS using the same two bank accounts with different yeAr.

If we are not eligible for a refund, I might consider delaying filing for adjustment of status. realistically, how long do we have? Do we need to fear forced deportation. Is it possible for a family member to sponsor at this point?

[iampatricias 17]

I don't know much about the AOS process myself, so I can't help you there, but the filing fees are never refundable - whether you withdraw or are denied or whatever scenario you can imagine. Once the cheque is cashed, it's gone.

[belinda63 2,981]

USCIS does not refund filing fees. They cover the cost of reviewing the application and all the paperwork involved. Even if denied you will not receive a refund.

If you came on a K-1 you are out of status when your I-94 expires even if you married within the 90 days. When you file for AOS you are in a temporary protected status while your application is pending, provided you don't do something that is an automatic deportation such as crimes.

Any time between the expiration of the I-94 and the acceptance of the AOS packet you are considered to be out of status and could be picked up by ICE. Most likely they would not deport you pending successful AOS but why risk the additional problems?

I suggest you carefully read about the affidavit of support instructions as this seems to be the main issue and I really don't understand what you are trying to convey.

[VanessaTony 3,567]

No they won't accept the $28k in bank accounts, it's not good enough. The primary sponsor (the USC) needs to earn $18,387 for a 2 person household. They can use assets but if they do it needs to be THREE TIMES the amount required and $28K isn't enough.

You CAN however use a joint sponsor who needs to earn 125% of the poverty line for their household size INCLUDING the immigrant. The joint-sponsor needs to be a LPR or USC.

They also do NOT refund the filing fee. It's gone.

Edited March 21, 2011 by Vanessa&Tony

[katiemanny 64]

I think you're stressing yourself way too much, if you were approved a k1 visa there's a huge chance of passing the AOS also, the most stressful part for me I think its the first stage of this process which I see you've already passed it. If you don't meet the poverty guidelines you just have to find someone to co-sponsor (a friend, family member, whomever you can find that meets the 125% guidelines), as other members pointed out there wont be any refund even if you've decided to pull out your case voluntarily, once your check has been cashed that money becomes history.

Edited March 21, 2011 by katiemanny

[TracyTN 237]

Moving thread from Effects of family changes forum to AOS forum.

[love9708 0]

Thank you for all your response. We will have my dad sign to be co sponsor.

I have more question, do I need to have an attorney to do this? and also did somebody here got a green card even if they applied AOS 5 months after their I-94 expire?

[belinda63 2,981]

No and Yes. Do it yourself and if you married within 90 days of arrival. The overstay is automatically forgiven.

[VanessaTony 3,567]

I applied in April, my I-94 expired in December. Approved without RFE or interview.

[love9708 0]

I applied in April, my I-94 expired in December. Approved without RFE or interview.

Thank you for sharing your experience Vanessa&Toni. You were so lucky you got approved without having an interview, did you get attorney to do it though? what's RFE BTW?

[love9708 0]

No and Yes. Do it yourself and if you married within 90 days of arrival. The overstay is automatically forgiven.

Thank you, yes we married whitin 90 days of my arrival. thanks, I guess we dont need an attorney then

[VanessaTony 3,567]

Thank you for sharing your experience Vanessa&Toni. You were so lucky you got approved without having an interview, did you get attorney to do it though? what's RFE BTW?

No I didn't use an attorney. There's an AOS thread in my signature.

An RFE is a "Request for Further Evidence" which is what you get if you forgot to send something, made a mistake, or they can't find something. They slow your case down by pausing EVERYTHING (including EAD and AP) until you send whatever it is they're asking for. Also, they give you a certain number of days to reply with what's missing and if you don't reply by the deadline your case will be denied and you will then need to file (and pay for) an appeal.

Edited March 23, 2011 by Vanessa&Tony