Adjustment of Status after being out of status for a long time

[BorowiczA 0]

Hi, I have complicated issue so please bare with me.

I came to the US with a K-1 visa 6 years ago. We applied to adjustment of status the same year we got married and the same year I arrived but I got denied because of insufficient income of my wife that time. We were struggling for money that’s why we didn’t get to apply for my greencard again right away. A year ago, we were gonna apply for my greencard, we went and get for my medical but still we didn’t get to do again once again because of the money. Now my medical is going to expire soon and we are planning on applying again but I am kind of nervous about it because it’s been a long time since I came here. However, I am always hoping that they will give us some slack because we applied for my green card once but got denied. Also, we are thinking if whether to get an immigration lawyer or do it ourselves to save some money. I hear some stories that people get green card after being out of status in the US for a long time and they didn’t even came here with a K-1 visa, some came with a student, or a tourist visa and get married and get a Greencard, and that’s what I’m always positive about that I came here with a K-1 visa and I should pass. Please help, this is really a nerve-racking feeling, every time I research about it, it always makes me nervous of what’s going to happen if we apply for my Greencard again. So please share some of your experience if you’ve ever had the same before or if you know something about it. And if getting a lawyer would make a big difference or are we better off doing it ourselves.

I’d appreciate all your thoughts and advices. Thank you very much.

[NancyNguyen 1,657]

AOS now, no problem. 6 years was a long time for all kinds of commingling evidences so you should be fine because you are legit.

[Hypnos 6,576]

For immediate relatives of a US citizen, such as a spouse, it doesn't matter that you're out of status. It only matters that you entered legally, which you did.

Edited March 2, 2015 by Hypnos

[TheCaptain 67]

As long as you are adjusting status with the original petitioner (your wife) for the K1 visa, you will be fine.

You will need to gather your evidence and prepare but I do not think that you will require an immigration lawyer.

They will not give you any leeway with regards to your medical. It is valid or not valid, there is no grey area with this matter.

Good luck with your process.

[BorowiczA 0]

Thanks everyone for all your thoughts. We will apply for adjustment of status very soon. I have one more question though. We moved to the other state and there's a close USCIS office here. Should we send it here or the one that we sent our first case first, where I got denied?

[Hypnos 6,576]

All family-based adjustment of status applications are filed with the Chicago Lockbox, regardless of where you currently reside.

Edited March 2, 2015 by Hypnos