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Rheama Newbie

Rheama   1

Posted
Filed: Country: Philippines
 Timeline
Posted

Hi i need your advise i arrived here as k1 but unfortunately we married after 90 days, my husband still insist he wants to file i485 still together with AP EAD so we do the whole process and we got RFE coz of the 90 days, My question is, can i still apply i130 answer for my RFE, or any suggestion to resolve my problem i need your opinion, thanks

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2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
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Posted (edited)

You need to leave go back to your country and apply for CR1 outside the US.

That is incorrect. The OP entered legally on a K1, but did not marry within 90 days. So that boat has sailed. But they are now married making the OP an immediate relative. Immediate relative spouse can file an I130 and I485 concurrently. Any overstay is forgiven and they can remain legally until their case is adjudicated.

Will cost them more money but doable.

Edited by 2ndMessiah

Thank you, goodnight and may your gods go with you",

Dave Allen.

M&A2 Explorer

M&A2   5

Posted
Filed: K-1 Visa Country: Albania
 Timeline
Posted

You can aplay, but the proces will start from begining and you have to be in your country, leave the usa border, yoir visa is expired now, and you are in fradulence. Better leave fast, because this might indicate your new proces with I 130.

You cant stay here during this proces.

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2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
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Posted (edited)

You can aplay, but the proces will start from begining and you have to be in your country, leave the usa border, yoir visa is expired now, and you are in fradulence. Better leave fast, because this might indicate your new proces with I 130.

You cant stay here during this proces.

Again incorrect. The OP entered the USA legally. Unfortunately failing to marry within 90 days, the K1 path is dead.

But as an immediate relative they can adjust in country......

Edited by 2ndMessiah

Thank you, goodnight and may your gods go with you",

Dave Allen.

naire37 Explorer

naire37   53

Posted
Filed: AOS (pnd) Country: Russia
 Timeline
Posted

1. You can get married, stay in the country and adjust. Overstay is forgiven for spouses of USC. Anybody who's telling you to leave is incorrect.

2. You will have to file I-130 (and pay the fee) along with your adjustment of status. Yes, this is extra money. Alas.

3. You can only do the above as long as you're marrying the K1 petitioner.

K1 to POE
01.14.2015 - met online in an RPG chatroom
02.27.2015 - met in person
04.20.2015 - I-129F mailed
04.21.2015 - I-129F received by the Lockbox as per USPS site
04.24.2015 - NOA-1 electronic copy received: both SMS (text) and e-mail
04.30.2015 - NOA-1 paper version received
06.01.2015 - NOA-2 e-mail. SQUEE! =)
06.05.2015 - NOA-2 paper version.
06.12.2015 - NVC Received, Case # Assigned (not yet visible on CEAC)
06.17.2015 - NVC processing completed, now visible on CEAC with status "Ready"
06.24.2015 - CEAC status "Administrative Processing" (for Russia: received by the Embassy, can schedule the interview).
06.26.2015 - Crossed the t's and dotted the i's, this time for real. Scheduled the interview!
07.20.2015 - Medical. Piece of cake!
07.22.2015 - Interview. 2 hours worth of waiting and 5 minutes worth of talking to the consul, "your visa is approved". Yaaay!
10.09.2015 - POE in Boston, MA. Hooray!! Welcome, my love.

POE to Green Card:
10.09.2015 - POE in Boston, MA
10.14.2015 - applied for SSN; got it a couple days later in the mail
10.31.2015 - Wedding :halloween:
11.21.2015 - Filed AOS (package including Travel Parole & Employment)
11.25.2015 - electronic NOA-1(s), 11.27.2015 - Check cashed
11.30.2015 - NOA-1s

12.18.2015 - RFE (forgot to write my name in one place on the Affidavit of Support)

12.21.2015 - Biometrics

12.23.2015 - RFE Response received by USCIS

02.10.2016 - EAD/AP approved!

02.10.2016 - EAD/AP received!

05.12.2016 - Interview scheduled for 06.15.2016 (wow, that really took 6 months from filing...)

06.15.2016 - Interview. Approved! (but not at the interview, got notification about 4 hours later)

06.30.2016 - Green Card Received!

2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

1. You can get married, stay in the country and adjust. Overstay is forgiven for spouses of USC. Anybody who's telling you to leave is incorrect.

2. You will have to file I-130 (and pay the fee) along with your adjustment of status. Yes, this is extra money. Alas.

3. You can only do the above as long as you're marrying the K1 petitioner.

Just to expand on point 2. File I130 and I485 concurrently (at the same time). Just filing an I130 will not work.

Thank you, goodnight and may your gods go with you",

Dave Allen.

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)

Hi i need your advise i arrived here as k1 but unfortunately we married after 90 days, my husband still insist he wants to file i485 still together with AP EAD so we do the whole process and we got RFE coz of the 90 days, My question is, can i still apply i130 answer for my RFE, or any suggestion to resolve my problem i need your opinion, thanks

So you already filed i485/EAD/AP and now got the RFE!!! You cannot simply apply for i130 to answer your RFE. Seems like your i485 will be denied becoz u married after 90 days.

However, what u n ur husband can do is file new i-130/i485/EAD/AP together and yes you have to pay the filing fees again and its not only 1070 again, you have to add the fee of i130 too.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)

Yeah i think so, that sad to know but thats the consequences i need to pay?

Yup, the good part is your current unlawful stay in the US Is usually pardoned. Its better to file i130/i485/EAD/AP ASAP.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

We til july to provide this RFE so one thing i need to do is to call USCIB also for more info.

USCIS only needs the best reason why you two didn't marry within 90 days. Being busy is definitely not a good reason.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

 
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