Urgent help NEEDED, PLS!!!!

[KayDeeCee 4,891]

The K-1 became null and void when you used it to enter the US. Once your I-94 expired, you became out of status. However, you can still put K-1 visa entrant as current status on the forms.

[definitemind 1]

Thank you

[definitemind 1]

Hi, my good friends! Earlier I asked on this thread regarding which option to tick on my i-485 form since my wife and I got married two days after my 90 days k-1 visa expired and I was advised to tick the following:

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.) " since we are filing the I-485 from concurrently with the i-130 form.

But my wife is in utter disagreement with me, she is opting to tick the option "c" in the Part 2 of the I-485 form that states "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." , saying she'll just change the 90 to 92, but I also disagreed with that because that wouldnt be USCIS' option but ours. My question basically is going to be, what are the consequences of ticking the wrong option, should I let her go with her guts? Please advise ASAP, I would very much appreciate.

Thanks.

Mr. Grateful Heart.

[KayDeeCee 4,891]

Hi, my good friends! Earlier I asked on this thread regarding which option to tick on my i-485 form since my wife and I got married two days after my 90 days k-1 visa expired and I was advised to tick the following:

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.) " since we are filing the I-485 from concurrently with the i-130 form.

But my wife is in utter disagreement with me, she is opting to tick the option "c" in the Part 2 of the I-485 form that states "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." , saying she'll just change the 90 to 92, but I also disagreed with that because that wouldnt be USCIS' option but ours. My question basically is going to be, what are the consequences of ticking the wrong option, should I let her go with her guts? Please advise ASAP, I would very much appreciate.

Thanks.

Mr. Grateful Heart.

She is completely incorrect. You are no longer eligible to file based on the K-1. You had to marry within 90 days to be eligible. You failed to do so. You cannot just change the form and immigration laws.

You must file an I-130 petition, which is something those that married within 90 days do not have to submit. Your AOS eligibility is now based on the I-130. You must check a., as I answered before.

[ascertainLovE 165]

Hi, my good friends! Earlier I asked on this thread regarding which option to tick on my i-485 form since my wife and I got married two days after my 90 days k-1 visa expired and I was advised to tick the following:

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.) " since we are filing the I-485 from concurrently with the i-130 form.

But my wife is in utter disagreement with me, she is opting to tick the option "c" in the Part 2 of the I-485 form that states "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." , saying she'll just change the 90 to 92, but I also disagreed with that because that wouldnt be USCIS' option but ours. My question basically is going to be, what are the consequences of ticking the wrong option, should I let her go with her guts? Please advise ASAP, I would very much appreciate.

Thanks.

Mr. Grateful Heart.

print out this page and give it to your wife. You have done things your way so far, and things haven't worked out. I suggest listening to what people are telling you here.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-25.html

[definitemind 1]

Hi everyone, if I decided to leave the US after filing for AOS, do I face any consequences for leaving before my application was approved? FYI, I married two days after my 90 days K1 fiance visa expired does all my stay till this point count as overstay? Its been over two months since my visa expired. Thanks for your anticipated responses.

[Pitaya 2,576]

Hi everyone, if I decided to leave the US after filing for AOS, do I face any consequences for leaving before my application was approved? FYI, I married two days after my 90 days K1 fiance visa expired does all my stay till this point count as overstay? Its been over two months since my visa expired. Thanks for your anticipated responses.

You can leave the US at anytime after filing AOS. However, do not attempt to leave the county without an Advance Parole (AP) document in your hand, as this can result in USCIS considering that the beneficiary's I-485 (AOS) is abandoned. A new visa to enter the US will be required, and re-filing of the I-485.

[definitemind 1]

I guess I should have much clearer in my earlier question. In a situation the marriage isnt working out, I left the country after filing for my AOS. Will my two months plus stay be considered overstay if I attempt to return to the US in the future?

[john_and_marlene 162]

I guess I should have much clearer in my earlier question. In a situation the marriage isnt working out, I left the country after filing for my AOS. Will my two months plus stay be considered overstay if I attempt to return to the US in the future?

It depends since you married after the 90 days..

If you filed for AOS without an I-130 to base it on, the application is invalid and the entire 2 months will be overstay.

If you filed with the I-130, only the time between the expiration of your I-94 and receipt date on the NOA will count as overstay.

Edited April 24, 2015 by john_and_marlene

[definitemind 1]

Okay, thank you very much for your response.

[definitemind 1]

Good morning everyone!

I filed for AOS and EAD and had my biometrics taken by the ASC over five weeks ago. My question: what is the average time it takes for EAD to be approved after biometrics appointment and what possible reasons could be causing the delay if I should have received an update from USCIS already within this time frame? I really NEED to start working as soon as possible, I hate being idle.

Thanks in advance for your assistance on this matter.

[justin-s 8]

60-90 days

[KayDeeCee 4,891]

Good morning everyone!

I filed for AOS and EAD and had my biometrics taken by the ASC over five weeks ago. My question: what is the average time it takes for EAD to be approved after biometrics appointment and what possible reasons could be causing the delay if I should have received an update from USCIS already within this time frame? I really NEED to start working as soon as possible, I hate being idle.

Thanks in advance for your assistance on this matter.

http://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

[definitemind 1]

Thank you all for your helpful opinions. I appreciate.

[definitemind 1]

How long does it take to either approve or decline an application for change of Status and employment authorization between the time of filing the application and before an interview? Just wondering