Urgent help NEEDED, PLS!!!!

[definitemind 1]

I married my fiance outside the 90 day window for K-1 visa. Am I eligible to file for an adjustment of status? Also, my fiance has had to deal with some difficult life threatening challenges with her son and that has has made us unable to concentrate and file for AOS and its now two months into my visa over stay. What is my situation like? What is my best option as a foreigner to do at this point given the situation?

Please help!

Thanks

[Cody and Daisy 373]

I married my fiance outside the 90 day window for K-1 visa. Am I eligible to file for an adjustment of status? Also, my fiance has had to deal with some difficult life threatening challenges with her son and that has has made us unable to concentrate and file for AOS and its now two months into my visa over stay. What is my situation like? What is my best option as a foreigner to do at this point given the situation?

Please help!

Thanks

To do AOS now you have to file an I-130 alongside and pay the fees required for both.

The I-130 is an application for a spousal visa but because you are already in the usa you can send it with AOS application.

You do have a higher chance for deportation as you did not follow the rules for the k1 but it is highly unlikely they will seek you out for deportation.

You are no longer adjusting based on a k1 visa but marriage to a usc.

Not sure what you mean by life threatening challenges with her son, or how that affects what you need to do now.

Edited March 15, 2015 by Cody and Daisy

[ascertainLovE 165]

I married my fiance outside the 90 day window for K-1 visa. Am I eligible to file for an adjustment of status? Also, my fiance has had to deal with some difficult life threatening challenges with her son and that has has made us unable to concentrate and file for AOS and its now two months into my visa over stay. What is my situation like? What is my best option as a foreigner to do at this point given the situation?

Please help!

Thanks

You are fine considering that you already got married. If your fiance is busy you can gather the necessary paperwork to file for the AOS. It takes one day to get everything together. Is the $1,070 the real issue?

[sandra3711 52]

^How are they fine? They forfeited the K1 visa by not getting married within the 90 days.

[Cody and Daisy 373]

You are fine considering that you already got married. If your fiance is busy you can gather the necessary paperwork to file for the AOS. It takes one day to get everything together. Is the $1,070 the real issue?

No they are not fine.

They married outside of the legal window with a k1.

They have abandoned that process and are now required to start a completely new process which is application for a spousal visa alongside the AOS application.

It will take longer than a day and more than 1070 dollars.

Edited March 15, 2015 by Cody and Daisy

[Penguin_ie 5,994]

**** Moving from K1 to AOS from Family Visa forum ****

You shouldn't have done that, but yes, you can still AOS. But it will be more expensive...

[definitemind 1]

Thank you all for your timely responses and contributions. However, I wouldnt say that the money is a problem as much as knowing what my options were at the point of asking my questions and following through with it However, I am delighted to know that there is a remedy to my situation.

Having looked into the I-130 you all mentioned, it seems like there is need for us to provide certain documents to support our case, to show that we indeed got married outside the 90 day window with genuine intentions and not just a way of keeping me here. Unfortunately, life challenges have not enabled us to;

1. have our both names on our Utility bill

2. we do not have anyone to give an affidavit here in the US since she is not one with a lot of friends. Will it help to request my family from back home(foreign

home) to write an affidavit stating their knowledge of our union?

3. We do not have a bank account together yet

How do these affect our chances of being approved going ahead with the process of concurrent filing for AOS?

NB: By my wife having to deal with some life threatening challenges, I meant her son has has a critical health issue that is consuming all of her attention. It has been the major player in the delays in marrying and filing for the AOS. I apologize for my vagueness.

I would be glad here your expert thoughts and advises on my new questions.

Thanks

Edited March 15, 2015 by definitemind

[NancyNguyen 1,657]

You need to consult with an immigration attorney, this case is not DIY ideally anymore.

[Cody and Daisy 373]

You need to consult with an immigration attorney, this case is not DIY ideally anymore.

I do not normally agree with the need of an attorney for this kind of situations but for this I actually do.

Especially with a child as sick as hers which is obviously a huge factor in this.

Putting both your names on utilities and leases can just take a phone call. Including bank accounts and such, that shouldn't be a big problem.

But it might be a good idea to seek out a credited lawyer and really do your research as a lot just take your money and mess everything up and could delay your process.

I hope someone comes and tells you what to do if they have been in the same situation and you don't need a lawyer.

I'd suggest using the search button on this website and looking for those who have had issues with this before and what they have done because there is bound to be some.

I'm sorry I can't be much help with your process as I have obviously not done a spousal visa and I can't really guide you on the process.

But I wish you the best and I advise you not to stress or worry, but to be quick about what you do now.

[Fan_Dancer 171]

They can still do it themselves, it's been done many times. Stop scaring him, no need for a lawyer.

He will have to pay a tad more and supply an extra form, that's all.

Not too different from people marrying on tourist visas and adjusting in the US.

And, and Op - no one expects you to have proof of genuine marriage at this point. That is for the ROC stage, but it would help if you started gathering them now. Put your name on the lease as well, if possible, and on the car title and insurance.

Edited March 16, 2015 by Fan_Dancer

[definitemind 1]

Thank you all once again for the responses. I must admit, my heart leaped when I read the urgent need for a lawyer and complications that I inferred from reading your responses. I do know that everyone is here to help and I do appreciate. I guess deep down, all I really want to hear is that this situation is still under control not have to worry much. You will agree with me that is just human nature to wish things right all the time, so this is not a move to minimize the support and help I have received from anyone so far in this forum. I am deeply grateful for your support and dedication to making me one less worrier in the world by your efforts.

Going forward, would you(Fan_Dancer) be kind enough to articulate what you meant by we NEEDING to "supply an extra form(which exactly?)" Are you referring to the I-130 form and the fee being filed concurrently with the AOS? If yes, then I am presently working on providing all necessary information to fill them. Actually, its the reason I asked if I needed to contact home (my foreign home) to request for a letter of affidavit stating that our family members are aware of our union.

Once again, thank you all for your support.

[definitemind 1]

Good morning everyone, I have begun filling the forms as you accordingly with your advises but I am confused as to what box to check on the I-485 from, the part 2 (Application Type) - "I am applying for an adjustment to permanent resident status because:", I do not know what option to tick since I am currently out of status with my K-1 visa expired. I'll type down here, the available options below for you to advise me which you think would be the appropriate box to check since I didnt marry within the 90 days. These questions might sound silly to an experienced person but you should forgive my lack of experience with the technicalities of bureaucracy.

I am applying for an adjustment of to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with application that will give you an immediately available visa number, if approved.)

b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa categrory that allows derivative status for spouses and children.

c. I entered as a K-1 fiance of a U.S citizen whom I married within 90 days of entry, or I am the K-2 child of such fiance. (Attach a copy of the fiance petition approval notice and the marriage certificate.

d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

e. I am a native or citizen of Cuba admitted or paroled into the United States after January q, 1959, and thereafter have been physically present in the United State for at least 1 year.

g. I am the husband, wife, or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admitted or paroled into the United States after January 1, 1972.

h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated and I been physically present in the United States for 1 year after admission). If additional space is needed, see Page 3 of the instructions.

Thanks for your help as usual,

Mr. Grateful heart

[john_and_marlene 162]

Good morning everyone, I have begun filling the forms as you accordingly with your advises but I am confused as to what box to check on the I-485 from, the part 2 (Application Type) - "I am applying for an adjustment to permanent resident status because:", I do not know what option to tick since I am currently out of status with my K-1 visa expired. I'll type down here, the available options below for you to advise me which you think would be the appropriate box to check since I didnt marry within the 90 days. These questions might sound silly to an experienced person but you should forgive my lack of experience with the technicalities of bureaucracy.

I am applying for an adjustment of to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with application that will give you an immediately available visa number, if approved.)

b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa categrory that allows derivative status for spouses and children.

c. I entered as a K-1 fiance of a U.S citizen whom I married within 90 days of entry, or I am the K-2 child of such fiance. (Attach a copy of the fiance petition approval notice and the marriage certificate.

d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

e. I am a native or citizen of Cuba admitted or paroled into the United States after January q, 1959, and thereafter have been physically present in the United State for at least 1 year.

g. I am the husband, wife, or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admitted or paroled into the United States after January 1, 1972.

h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated and I been physically present in the United States for 1 year after admission). If additional space is needed, see Page 3 of the instructions.

Thanks for your help as usual,

Mr. Grateful heart

The I-130 you will file with the application will be approved simultaneously with the I-485, giving you an immediately available visa number.

[KayDeeCee 4,893]

Good morning everyone, I have begun filling the forms as you accordingly with your advises but I am confused as to what box to check on the I-485 from, the part 2 (Application Type) - "I am applying for an adjustment to permanent resident status because:", I do not know what option to tick since I am currently out of status with my K-1 visa expired. I'll type down here, the available options below for you to advise me which you think would be the appropriate box to check since I didnt marry within the 90 days. These questions might sound silly to an experienced person but you should forgive my lack of experience with the technicalities of bureaucracy.

I am applying for an adjustment of to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with application that will give you an immediately available visa number, if approved.)

It is a., based on the relative petition(I-130) you are filing with the I-485.

Follow this guide. No lawyer needed. Plenty file for AOS within the US without the need for a lawyer. > http://www.visajourney.com/content/i130guide2

[definitemind 1]

Thank you all!

I am curious, since my K-1 visa has expired, what would your expert's advise be as to what my current status in the "current status" option of the EAD?