I-485 being out of status

[Brandon&Re 1]

Hey everyone,

I've been googling for quite some time now and the only references I'm finding based on this topic are people coming from employment visas and filing for adjustment, so sorry if this is a duplicate.

My wife entered the US on Nov 11, 2011 with a K1 visa, we got married on Dec 10th 2011 we were planning on filing for Adjustment of Status immediately but I ran into some financial hardships which used up almost all of the money that we had saved up. To make a long story short, after 2 years we are finally able to adjust her status and I remember reading a post before about forgiveness but I am wondering if there is anything that we need to do for this to happen or if they just receive our packet and figure it out themselves.

I am kind of worried because the more I search, the more I read about people being denied (but again it was mostly people with work visas not family).

Also, since it has been over 2 years, does she have her conditions lifted automatically?

Thanks,

Brandon

Edited March 10, 2014 by Brandon&Re

[JohnR! 5,495]

Since you married within 90 days of her arrival as required by her K-1, she should be able to AOS without any issues. Go ahead and have her file as soon as possible and get it over with. She should receive her 10-year green card, considering you have been married for over 2 years now.

Good luck!

[Brandon&Re 1]

Thank you so much! Such a good feeling to get reassurance, we actually already mailed, USCIS *should* receive today, I just wanted to make sure we didn't miss anything. Although now I'm thinking I probably should have asked before mailing but we just wanted to get it done.

Thank you again.

[chuckusa777 0]

I married a U.S citizen. They firs sent me a 1 Year resident /Work visa card. At the end of that year they then sent me a 3 year GC. My Citizenship /GC start date did not include that first year I was on the Workvisa. so they may not take into consideration how long you have been married. After the 3 year GC I had conditions removed and they only then gave me a 10 year GC.

2

[Dave&Roza 748]

Hey everyone,

I've been googling for quite some time now and the only references I'm finding based on this topic are people coming from employment visas and filing for adjustment, so sorry if this is a duplicate.

My wife entered the US on Nov 11, 2011 with a K1 visa, we got married on Dec 10th 2011 we were planning on filing for Adjustment of Status immediately but I ran into some financial hardships which used up almost all of the money that we had saved up. To make a long story short, after 2 years we are finally able to adjust her status and I remember reading a post before about forgiveness but I am wondering if there is anything that we need to do for this to happen or if they just receive our packet and figure it out themselves.

I am kind of worried because the more I search, the more I read about people being denied (but again it was mostly people with work visas not family).

Also, since it has been over 2 years, does she have her conditions lifted automatically?

Thanks,

Brandon

You will have to do a new medical. I would also file the I-130 with the I-485 as this is one of those grey areas as a K-1 visa holder is required by the CFR to receive a conditional GC, but you have been married for more than 2 years and thus are eligible for a 10 year GC. By filing the I-1030 with all the I-485 paper work you overcome that catch-22. Also make certain your wife stays away from any US border as there is the possibility that she can be detained at a CBP check point which is not a fun experience.

Good luck,

Dave

[Brandon&Re 1]

We had a new medical done, if I didn't do the I-130 will she still at least receive a 2 year GC? I wasn't aware we needed to file that as well for AOS. We don't plan on leaving the state, she is too afraid.

Thanks,

Brandon

[Hypnos 6,576]

Usually an adjusting K-1 would always receive a 2 year conditional green card even if they had been married for over 2 years on the day of the AoS approval, but a recent BIA decision is meant to have changed that, to where you no longer need to submit an I-130 on top to receive an unconditional 10 year green card if you have been married for at least 2 years on the day of AoS approval. I forget the name of the decision, but it was recently mentioned here.

Long story short: you will hopefully receive a 10 year green card outright without needing to submit an I-130.

(Edit) I found the decision; it is Matter of Sesay: http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

Edited March 20, 2014 by Hypnos

[Dave&Roza 748]

Long story short: you will hopefully receive a 10 year green card outright without needing to submit an I-130.

(Edit) I found the decision; it is Matter of Sesay: http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

Thanks for the updated information. I will adjust my responses accordingly.

Dave

[Brandon&Re 1]

Thanks for all the info everyone, so helpful!