Adjustment of Status Filing

[tyronejglover 0]

My now wife and I have been married since December 31st, on a fiancé visa. The 90 days was over this past February 19th. We filed for an adjustment of status but the paper work was returned because information was missing.

 

How long do we have before we must perform another action? She is not working and does not have a plan to do so at this point. Are there any forms that must be signed and filed at this point and if not, how long do we have before we must file additional forms?

 

Thanks for any information you may be able to provide.

[LionessDeon 2,060]

File additional forms?

 

She is out of status.  She will continue to be out of status until the AOS filing is made and received by USCIS.  In this current immigration climate, I don't think I would leave someone I love out there hanging in the balance.  You should re-file as soon as you can, regardless if she intends on working or not.  I would highly suggest applying for the I-765 (EAD) and the I-131 (AP).  There is no application fee when sent in with the I-485 filing.  Greencard's can take up to one year or more to be received.  This way if things change and she wants to work and/or travel she will have the EAD/AP combo card to do so.

 

Please use the guides here to ensure you have all the necessary forms and documents needed.  The example forms tab is very useful in giving you an example of how they are to be completed.

[Becci391 339]

15 minutes ago, tyronejglover said:

My now wife and I have been married since December 31st, on a fiancé visa. The 90 days was over this past February 19th. We filed for an adjustment of status but the paper work was returned because information was missing.

 

How long do we have before we must perform another action? She is not working and does not have a plan to do so at this point. Are there any forms that must be signed and filed at this point and if not, how long do we have before we must file additional forms?

 

Thanks for any information you may be able to provide.

Normally it should be written in the letter what documents are missing and it is also a time frame until when you have to send the documents back to USCIS.

[Becci391 339]

4 minutes ago, LionessDeon said:

File additional forms?

 

She is out of status.  She will continue to be out of status until the AOS filing is made and received by USCIS.  In this current immigration climate, I don't think I would leave someone I love out there hanging in the balance.  You should re-file as soon as you can, regardless if she intends on working or not.  I would highly suggest applying for the I-765 (EAD) and the I-131 (AP).  There is no application fee when sent in with the I-485 filing.  Greencard's can take up to one year or more to be received.  This way if things change and she wants to work and/or travel she will have the EAD/AP combo card to do so.

 

Please use the guides here to ensure you have all the necessary forms and documents needed.  The example forms tab is very useful in giving you an example of how they are to be completed.

Just an information for you when filling for I-765: The eligibility category for K1 visa is c 9.

Luckily, USCIS did accept my EAD application because I wrote down a 6 instead of c 9. So I'm assuming that they changed the category for me.

Edited March 17, 2017 by Becci391

[tyronejglover 0]

thanks for the information

[LionessDeon 2,060]

2 minutes ago, Becci391 said:

Normally it should be written in the letter what documents are missing and it is also a time frame until when you have to send the documents back to USCIS.

Yes.  I couldn't ascertain if they received an RFE or the whole packet was just returned.

 

OP, if you received an RFE respond by the deadline.

[Dutchster 1,106]

I am wondering if OP talks about the whole AOS package that got returned because it missed a lot of forms. If it's just one, they would get a RFIE.